Sunday, May 25, 2008
Since my wife was out of status and the two conditions did not exist, Immigration Judge order, USCIS adjudication problem discovery, then the law requires Unlawful Presence to be counted from the I-94 port of entry record. The I-94 form is the time authorized by the attorney general to stay in the United States. Therefore, Unlawful Presence does not begin until the last day of the authorized stay. A three year bar is imposed after an alien stays in the U.S 181 days counted from the authorized date stamp which is placed by the Port of Entry Officer. A 10 year bar is imposed for 365 or more days after an alien stays in the U.S. which is also counted from the I-94 date stamp. My wife received a 10 year bar for 178 days of Unlawful Presence. Remember Status and Unlawful Presence are two different terms. The Consular Officer at the embassy said that Unlawful Presence is counted from the date that the divorce is final. Our attorney appealed with the AAO office requesting a legal advisory opinion. I have never received anything from the AAO office at the State Department. The form that the consular officer filled out even says 365 days of unlawful presence not status. Hello, where did this officer learn how to count? The law says that a consular officer can deny a visa even if it is in violation of the law.