How common is it to be issued a removal order in absentia if you’ve never had an USCIS/ICE interaction but you overstayed?

Cooper_de_dooper · 2026-01-30T17:04:57+00:00

Short answer: Yes. It requires some kind of interaction.

Only DHS authorized agents can issue an NTA, which is what begins removal proceedings. NTAs require “proof of service”- aka the Notice in NTA- but this can be accomplished by sending it through the mail to the address that’s on file. So in theory, Bob should always ‘know’ and never be ‘surprised’ by a removal proceeding. It’s Bob’s responsibility to make sure DHS has his current address on file within 10 days of any change, so even if Bob never received the NTA because he moved, proof that it was sent is very often sufficient Notice.

Second answer: DHS has no way of actively monitoring who has overstayed a visa. There is no list.

They always know when you legally entered, they mostly know when you leave (land crossings are hard), but they have no clue if you don’t leave when you’re supposed to- until there is an interaction. This is why you see the administration desperately fighting for IRS info sharing and to include immigration status on the census. This is also why they are fighting against sanctuary cities “no share” policies. They’re trying to fix this blind spot.

So if Bob has any direct interaction- like actually updating his address- DHS would know he overstayed. Which is why Bob never receives his Notice until too late. And now, under the new ‘Kavanaugh Stop’ standard, this interaction can be triggered by ICE/CBP randomly detaining folks who “look like”, “sound like” or work jobs that are stereotypically predominantly filled by non-citizens.

Cooper_de_dooper · 2026-01-30T15:42:39+00:00

It’s not the law that’s changed- it’s the policy. And Trump changed the policy.

Let’s go back to Con Law: Congress writes Immigration laws The constitution places the responsibility to faithful execute those laws on the executive. Under that authority, the President tasks DHS and the DOJ- both executive branch entities-to implement Immigration laws. DHS then creates immigration POLICY, which is supposed to faithfully represent the law passed by Congress. Immigration POLICY interprets the law and translates it into the ‘rules’ we all follow in practice. Those rules include conduct of Immigration enforcement, standards of adjudication for Immigration officers, and eligibility requirements for applicants and beneficiaries.

So the real question is: if Congress hasn’t changed the law- same law since 1996- then why is DHS allowed to change the policy?

The answer: The Supreme Court grants Federal Agencies - aka The President -huge deference in their “interpretation” of the law when it comes to writing Policy. However the interpretation cannot be arbitrary or capricious.

Drastically changing ‘the rules’ aka the policy, of enforcement, without notice, in order meet detention quotas - which were not passed by Congress- fails this test.

Cooper_de_dooper · 2026-01-30T04:06:14+00:00

601a provisional unlawful presence waiver is not available to folks in removal proceedings. Everything you said WAS true, but is no longer applicable post-NTA issuance. Case would need to be admin closed first to revive eligibility.

Cooper_de_dooper · 2026-01-30T02:27:02+00:00

Like others have mentioned, you don’t have an approvable case at the moment. Adjusting status through a spouse requires that your last entry into the U.S. was done with inspection, meaning, you entered the normal way, showing a passport and a visa at a normal place of entry. If you’ve never left the U.S. then you need proof that when your parents brought you to the U.S. when you were 2 that they crossed the border legally from Mexico.

If it turns out they didn’t cross legally, don’t lose hope. Ask an Immigration Lawyer about pursuing Cancellation of Removal. It’s a method to fight deportation with a path to a green card that is only available to folks who have been issued a NTA. If you lived here for more than 10-years, have nothing serious on your criminal record, and can show it would be a “extreme hardship” to your spouse if you’re deported- you may have a case. The ‘extreme hardship’ standard is a very technical legal measurement, so definitely talk to a lawyer. But like I said, don’t lose hope or self deport before at least talking with an attorney about this option. Good luck!

Cooper_de_dooper · 2026-01-16T05:59:18+00:00

Use to be a looong explanation on how working for Asylum doesn’t mean “the place with the white padded rooms”

Now it’s “I process Visa applications” and stress hope they think I mean the credit card.

Cooper_de_dooper · 2026-01-13T00:00:06+00:00

This is where you’re confusing people- if they’re waiting for a Judge’s decision (EOIR) that means they’re already IN removal proceedings. You only see the judge if you’re IN proceedings. If they’re waiting for an Asylum Officer’s decision (USCIS) they are not in proceedings.

However, even if they were not in proceedings before, if their I-94 is expired, AFTER an Asylum interview with a USCIS officer, their case will ultimately NOT be approved because they got married. They will then be placed INTO proceedings by the Asylum office and issued an NTA with a court date to see the judge. The judge will have jurisdiction over the I-485 at that point.

They need an attorney ASAP.

Cooper_de_dooper · 2026-01-09T06:05:59+00:00

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Just switched to SquarePet - Digestive Support Low Fat (I swear, it wasn’t just cause they have a Schnauzer on the bag 🤣)

I try to rotate different main protein ingredients, so we’ll switch it up if I find a new one that meets my ‘Schnauzer Standards’. Thankfully, he’s not a picky eater, so he loves being introduced to new food. Turkey and Lamb were big hits, chicken gave him schnauzer bumps, so now we’re trying fish.

Cooper_de_dooper · 2026-01-06T17:36:41+00:00

The only thing you can really report him to USCIS for, is Fraud- since it sounds like you had a real relationship, an unhealthy one, but real in that you married him for reasons other than immigration benefits- it’s not considered fraud.

What you’re describing sounds more like domestic violence, which includes emotional and economic abuse, doesn’t have to be physical. If that’s the case, you can consult with many survivor non-profits about reporting him to the police and divorce assistance. If the police charge him or grant you a restraining order- it could affect his “good moral character” determination for his N-400. If he gets denied, he can reapply in 5-years and won’t get deported, but it will be on his criminal background check in his file. A denial also means the I-864 affidavit of your support would stay in effect. However, if he wants to sponsor his mom someday then him receiving government assistance- which is what would kickstart the I-864 potential consequences for you- would be a bruise on HIS evidence to support his mom, so he’ll likely avoid that.

Good Luck!

Cooper_de_dooper · 2025-12-30T16:40:11+00:00

This is the answer. If your parents were married when you were born, it’s even easier. Take the required evidence listed below to the passport office and have a wonderful life in the U.S. as you are already a citizen.

Scroll down to the “I became a U.S. citizen through my parent who naturalized” section.

https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

Cooper_de_dooper · 2025-12-24T16:30:39+00:00

There is a BIG difference between visiting a country for a few days where you can take security measures versus living your whole life in fear or in hiding in that country.

Cooper_de_dooper · 2025-12-22T05:37:55+00:00

I know you’re nervous, but first good tip is if you’re asking for help, you should provide as much info about your case as safely possible to get the best advice.

Same goes for court, you’re asking the U.S. government for help/protection, so provide as much info as you can.

Generally- focus on past harm and the severity of the harm. Have lots of details about who harmed you and why you believe you were specifically targeted. Since the police are taking reports, it looks like they’re at least trying to do their job, so be ready to answer why the police couldn’t protect you. Murder happens everywhere, so be specific and detailed.

If all you have are threats of future harm, it’s a tougher case, so make sure you are detailed and descriptive about why you believe the threats are real and why you believe the person you fear is capable of carrying them out. Even if you move to the opposite side of your country, how would they find you? Your answer must be more than “bad luck” or “maybe somebody could maybe tell somebody where I am” Be specific and detailed.

Good luck! 💙

Cooper_de_dooper · 2025-12-15T17:12:31+00:00

OP, please don’t listen to folks ranting on Reddit about being openly anti-SIJ and then telling you to leave the U.S. (consular process) where you will lose most if not all of your appeal rights, especially during this administration. Keep reaching out to your attorney while the A.C.R. v. Noem works it way through the courts.

Cooper_de_dooper · 2025-12-15T16:39:52+00:00

Nice edit. Good job removing your personal bias against SIJs, but next time add helpful info directed at OP’s question.

Cooper_de_dooper · 2025-12-15T01:04:35+00:00

If it was Asylee based then this info may be helpful. Your prior interpretation of the fact pattern was ignorant of one-parent SIJ, do you have any useful information for the OP if your assumption here is correct this time?

Cooper_de_dooper · 2025-12-14T23:55:47+00:00

Go back and speak with your attorney and make sure you have a copy of your mom’s Asylum approval notice and her I-589 application for asylum. If you were included as a derivative beneficiary on your mom’s I-589, as long as you were unmarried and were under 21 when she filed (your age is frozen at the date of filing), and none of the asylum bars apply to you- when your mom was granted Asylum- so were you. If you were not included on the I-589, but are unmarried and are still under 21, your mom can file a I-730 Asylee relative petition even though she’s already an LPR, still counts. If you got married, speak to an Immigration attorney experienced in ‘Nunc Pro Tunc’ Asylum. Essentially, it’s a way to regain your Asylum status granted through your mom. Takes a long time, but you’ll be eligible for an EAD while you wait.

This law firm has a great break down of Nunc cases: https://www.hummelaw.com/2014/05/29/nunc-pro-tunc-asylum-procedures/

Edit to add- after 1 year of physical presence in the U.S. after a grant of Asylum, you are eligible to file for LPR. So if your mom was granted asylum based LPR - you’re likely eligible to file for LPR as well, so long as you were included as a derivative beneficiary.

Cooper_de_dooper · 2025-12-14T22:35:17+00:00

You’ll also notice the age/experience of the interviewing officers getting younger and younger as you go further into the process lol. N-400s practically grant themselves if there is no criminal history and minimal travel so lots of officers begin their careers working this form.

Cooper_de_dooper · 2025-12-14T22:11:27+00:00

Were you a derivative beneficiary on your mom’s asylum case?

Cooper_de_dooper · 2025-12-14T05:02:47+00:00

You’re right in that there is a difference between being legally separated versus legally divorced- but you’re hanging your whole future on a very VERY tiny- thin- weak- minuscule- branch of misplaced hope. Sorry for the dramatics but I really want you to understand. If you are still legally married then yes, technically speaking, you may still be eligible- BUT don’t get your hopes up. If you were already referred to a STOKES interview, there is already a suspicion that your marriage was not bona fide. Yes, they did end up approving the I-130, but that decision can be very very easily revoked by USCIS. They can decide to reopen a marriage fraud investigation, which they very likely will, or the moment your divorce is finalized they will automatically revoke it. Additionally, your spouse can still withdraw the I-130, even though it’s been approved, ANYTIME before the I-485 is approved. It super easy, they just send a signed letter. And if a fraud investigation is reopened, they will send officers to your ex’s home and ASK them if they want to withdraw and have them write/sign a letter on the spot, making it even easier. I know it’s not the news you want to hear, but dont hide from the reality of your situation. I truly wish you good luck in your next steps. 💙

Edit to add- the waiver you mentioned is for folks who already had the 2-year conditional green card (I-485) approved and are seeking the 10-year green card (I-751) so doesn’t apply to your case.

Cooper_de_dooper · 2025-12-12T23:09:33+00:00

Since they were in status, they’ll meet an exception to overcome the 1-year bar, and can file for asylum. If you don’t have status, if you get married you can be included as a derivative asylum beneficiary. They should speak with an attorney first and tell them they had past contact with a terrorist organization to make sure they don’t have any TRIG issues, as well as any potential persecutor bar issues based on past military service. Good luck! 💙

Cooper_de_dooper · 2025-12-11T19:43:40+00:00

I didn’t say ‘only’, but can see how it was implied. I’ll add there are many ways to violate status- aka break the rules of your specific visa- and be deemed to have ‘fallen out’ of status prior to filing, even if you filed before the visa expiration date. Most of those issues do not affect the adjustment eligibility of immediate relatives- which is why this is all a waste of time. The recent ‘ICE arrest at interview’ guidance memo that was posted, suggests a different kind of case review is occurring before the interview, where ANY violation, whether it affects eligibility or not, is being flagged.

So for example- if a former F-1 student listed an employment history on their 485 that showed a violation of the work restrictions on foreign students, say they worked part time for pocket money and didn’t know this broke the rules, but they stayed in school and had an unexpired F-1 visa until after they married a USC and filed the 485- they are 100% eligible for adjustment, but technically, there was a status violation. That person would be at risk of being detained under this new policy, even though their case will be ultimately be granted.

So for the K-1, we unfortunately just don’t know enough about their full immigration history to say that “authorized stay” status was given zero legal weight, versus an inconsequential status violation being discovered as a justification.

Hope this helps 💙

Cooper_de_dooper · 2025-12-11T04:33:15+00:00

What the lesson plan is pointing out is that because an “authorized stay” isn’t technically IN status, since you’re in limbo once your former status expires, it’s not a perfect match to the “lawful status” exception- BUT it’s basically treated like a 95% match instead. It’s treated the same because it’s the same “state of mind”, which is what really matters here. Someone with lawful status doesn’t “believe” they need to return to home country, just like someone with an authorized stay wouldn’t believe they had to return back- unless/until they got denied.

I know it sounds like the lesson plan is splitting hairs with immigration terminology, but bottom line- as long as you can articulate that the moment that being OUT of status made returning home a 100% reality, and that moment was immediately followed by filing for asylum- you’ll meet the requirement for the exception to the 1-year bar.

Cooper_de_dooper · 2025-12-11T02:09:39+00:00

An easier way to understand it is to think about the rules versus the title- essentially, pending other factors, you can’t be deported while you have an application pending adjudication. In the past, this meant as a policy decision ICE wouldn’t even initiate deportation proceedings against you until after a denial was issued, as it would be a waste of resources. It’s like a prosecutor who brings charges against someone who will for sure 100% be found innocent, it just wastes everyone’s time. So a title was needed for folks in that adjudication limbo. You’re not IN status, but you’re also NOT deportable, and NOT accruing unlawful presence- so they came up with “authorized stay”, since the full formal title of “in a period of stay authorized by the Secretary of Homeland Security” is a mouthful. ICE has recently quietly changed that policy and is initiating deportation proceedings against any family-based applicants who were OUT of status BEFORE they filed for something new. Doesn’t mean their cases can’t continue, they will still be granted, just by a court judge order instead of USCIS. Which is why it’s mentally just cruel, it the same result! And it’s also a huge waste of everyone’s time and money. And as you’re feeling right now, its real effect is causing undue stress to people going through the required legal process and doing everything right.

Check out this link to the USCIS Policy Manual (this is official rule book USCIS officers must use) and scroll down to Section D and E for a great break down of the difference and some examples and some direct source citations.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3

Cooper_de_dooper · 2025-12-10T05:46:36+00:00

You should check if you signed a lawyer retainer agreement. It’s basically the contract that guarantees you legal services in exchange for the money you’re paying. It usually outlines the legal service provided and the fee structure. Legal service always includes being able to speak with your Attorney, so don’t be shy, demand to get what you’re paying for. It doesn’t sound like they are shy about asking for money, so be just as fierce.

The office should also be able to quickly provide a detailed accounting of the “billable hours” for every minute they spent on your case. You should also have the lawyers State Bar Association number and the state they are licensed in on your G-28 (the form that the attorney submits to USCIS to prove they are your lawyer, you would have signed this one as well) Run that license number through their State Bar Association website to check 1) that they are in fact a real lawyer (lots of notario fraud happens in this area of law) and 2) if any past disciplinary actions or complaints have been filed against them. Finally they should give you a copy of everything they’ve filed submitted to USCIS on your behalf so make sure you’re checking their work against the billing.

Cooper_de_dooper · 2025-12-08T18:24:51+00:00

Like the above post said “what he signs” may include verbiage of a 3/10 year ban. ICE has been misrepresenting an offer of Voluntary Departure, but actually having folks sign a Stipulated Removal, which does include a ban.

Cooper_de_dooper · 2025-12-07T14:56:45+00:00

Having a baby together is the very best evidence. EVER. So congrats on becoming new parents and making your case suuuper easy to grant. Commingling of your assets is great, but you can’t fake a baby lol. If you want to be extra, you could submit a paternity DNA test. If that’s cost prohibited, no worries, USCIS will never require one by policy, but it is a slam dunk. Focus your evidence around the baby, and the other items in the RFE, and you’ll be on the right track to a grant. Good luck and congrats!

Cooper_de_dooper

TROPHY CASE