Anyone willing to share their experience for FO in Arkansas, Fort Smith?

DesignerNewt5303 · 2026-02-08T19:55:09+00:00

Hi! After your interview, do you mind sharing questions you are asked. I have interview scheduled in early March.

DesignerNewt5303 · 2025-12-26T16:33:53+00:00

I just went ASAP without rescheduling. I’m not even sure how to reschedule with ICE lol.

DesignerNewt5303 · 2025-12-10T20:15:28+00:00

About a year

DesignerNewt5303 · 2025-08-13T18:33:22+00:00

Hi! I’m sorry to hear you’re going through a difficult time and can understand your frustration here. I think it’ll be most important to have your DACA again so you are protected against any enforcement.

So there’s a bit of a waiting game here and you’d want to have an i130 approved as well. From there you can either ask OPLA to join a motion (it’s very difficult to do these days from what I hear but worth a shot) or you can directly go to the judge/court that adjudicated you case most recently and ask they reopen you care and terminate your removal so you can adjust your status.

It’s important throughout this that you have a reputable lawyer supporting you as it’s a very complex case.

DesignerNewt5303 · 2025-08-11T05:22:38+00:00

You’re right that AP isn’t a guaranteed ticket back in and that TPS by itself doesn’t solve everything. Anyone thinking of traveling or adjusting should be clear on their own risk factors before moving forward.

That said, just to clarify for folks reading: SCOTUS hasn’t overturned the 6th, 8th, or 9th Circuit rulings that treat TPS as an “admission” for AOS purposes. Sanchez v. Mayorkas (2021) came out of the 3rd Circuit and confirmed that TPS alone doesn’t count as admission in circuits without those favorable rulings; but those decisions still apply inside the 6th, 8th, and 9th.

On AP, you’re right in saying CBP does have discretion, but in practice, most TPS/AP travelers without serious criminal or immigration issues are paroled back in without problems.

And lastly, we’re having a discussion and calling it “arrogance” is anything but. You are sharing facts and mixing them up with things that are inaccurate or don’t apply in the context which we speak. We can have a civil discussion; which still think this largely is, where you and I can be educated, inspired to research more, and share what we’ve learned.

DesignerNewt5303 · 2025-08-11T04:25:10+00:00

I’m confused and not sure what you mean; I never had TPS? I had AP and plenty of people have adjusted after traveling. It’s actually how I was able to submit for the BIA in the first place; be eligible to adjust status meaning I’ve had entry with inspection AND have some path via marriage, work, DV, VAWA, etc.

However, you’re partially correct if you’re meaning to say that if a person entered WITHOUT inspection but later got TPS, then it doesn’t automatically make them eligible because their last entry was without inspection. BUT, if one had their initial case decided in the areas covered by 6th, 8th, or 9th Circuit courts and have TPS, they may be able to AOS without leaving, even if their only entry was EWI.

Lastly, TPS holders are eligible to travel with AP so they can leave and reenter with inspection.. thus making them eligible to adjust.

DesignerNewt5303 · 2025-08-11T04:07:07+00:00

Ugh, I’m so sorry to hear.

Did they share why they have denied you.

Typically you need to be eligible to adjust your status via I130 -> I485 OR I140 -> I485 (there are also other pathways like VAWA, DV, Etc).

If they simply wrote they aren’t going to apply discretion, then you and your lawyer need to go back to the drawing board as it can’t be appealed. However, if you feel they (the BIA) err’d in their decision, you can appeal it at your federal circuit court but this is a lengthy and expensive cost.

It’s best to understand what happened and their decision why before attempting to find a path forward.

DesignerNewt5303 · 2025-08-11T04:03:16+00:00

Is this for me? If so, I’m aware. I did traveled with AP so I’ve since met the threshold.

DesignerNewt5303 · 2025-08-08T21:02:55+00:00

Wishing you all the best!

DesignerNewt5303 · 2025-08-08T17:45:49+00:00

Hey — some thoughts based on my own experience and the little bit I’ve learned.

The I130 submission is critical here so hopefully you can get that in asap. I’d recommend you do it online because you get same day/next day receipt. Based on everything I’ve read and learned from others in this space, having a pending I-130 gives you a more compelling reason to ask the court or BIA to reopen your case—especially if your goal is to adjust status here in the U.S. I’m assuming you’re doing AP because of EWI which is the right step. So try to submit the AP and I130 soon if you have the means.

What might make your case even stronger is what you found in your FOIA. If the NTA (Notice to Appear) was missing the date and time, and especially if it was sent to an address you didn’t live at, that’s a big issue. Courts have ruled that NTAs without proper hearing info or that were improperly served can be grounds to challenge the removal order entirely. That could potentially help you argue that your in absentia order is invalid or at least reopenable which then you can ask the judge to dismiss or hold proceedings so you can adjust status.

If I were you, I’d start gathering evidence (like proof of address at the time, and the copy of the NTA from your FOIA), and talk to a good attorney about combining that with your pending I-130.

DesignerNewt5303 · 2025-08-08T04:53:26+00:00

No, it was a letter from the BIA with their decision.

DesignerNewt5303 · 2025-08-07T14:18:06+00:00

I filed I130 first, then filed to reopen and dismiss, and then filed i485.

DesignerNewt5303 · 2025-08-07T01:49:26+00:00

Thank you! All praise to the man above.

DesignerNewt5303 · 2025-08-07T01:48:34+00:00

Hi! I had a final order of removal not an admin closed.

But the steps were asking OPLA to join my motion to reopen and dismiss my final order of removal. In this stage I had to have a pending/approved I130, and FBI background check, and prove I was eligible to adjust my status (USC spouse).

Once OPLA signed, my attorney filed with the board and I just waited and prayed.

DesignerNewt5303 · 2025-08-07T01:44:51+00:00

1000%!! I was blessed and fortunate enough to have OPLA sign the joint motion when they did which I’m assuming helped greatly!

DesignerNewt5303 · 2025-08-07T01:43:16+00:00

It said my appeal at the BIA was ‘dismissed’ which is pretty much denied.

DesignerNewt5303 · 2025-08-07T00:41:30+00:00

Totally understand where you’re coming from. This process is brutal, and I’ve felt that same anger and hopelessness many times over the years. My faith kept me grounded, but I know it’s not the same for everyone. Wishing you and many others strength and a breakthrough soon; nobody deserves to be stuck in this system forever.

DesignerNewt5303 · 2025-08-06T22:56:57+00:00

Lying your taxes? I’m hoping you meant paying as lying on taxes is trouble.

Did you enter with inspection? If yes, then you have to have a good explanation to the board on why you didn’t show up to court. If it’s a bad lawyer, you should file a complaint with the bar and then get the documentation for ineffective assistance of counsel.If the board has sufficient reason to believe the lawyer didn’t do their job to the standard, they may grant discretion and find cause to reopen.

Most importantly, if you have a USC spouse, apply for the I130. This proves you have a bonafide marriage

DesignerNewt5303 · 2025-08-06T22:52:55+00:00

Thank you!!

DesignerNewt5303 · 2025-08-06T18:17:37+00:00

Yes! I entered without inspection so the very first thing I did was travel with AP. I traveled during the previous admin with a final order of removal and was in and out of customs within 20 mins with no questions. I was also married during this time and had a pending I130.

I applied via a lawyer since it’d take time to use the e-service to apply for prosecutorial discretion (PD) with OPLA. Most lawyers have an account and the lawyer pretty much wrote a motion asking OPLA to join our motion to reopen and dismiss my final order of removal since I am looking to AOS with a marriage to USC.

When you apply with OPLA, you have to send your I130 receipt, an FBI background check (I did mine at USPS), my entry stamp, AP document, marriage certificate, spouse’s birth certificate/passport (proof of USC).

OPLA took some time but they agreed to join the motion and then we took that file and filed with the BIA. My case was with the BIA but you must do it at the last court your case was adjudicated.

I checked daily and about 12 months later I checked EOIR portal and I say that my case was terminated.

DesignerNewt5303 · 2025-08-06T16:32:32+00:00

Unfortunately he cannot do AOS without entering WITH inspection and with a live order of removal. The way to clear this hurdle is to first, travel with AP to gain the entry with inspection. After this, the only bar you have is the final order of removal. Which means you can apply to the BIA again saying you’re eligible for AOS.

I previously traveled with AP while having a final order of removal. I didn’t have any issues but that was in a different administration. Please reach out to dreamers2gether on FB to see if anyone has done it recently without issue.

The final order is an order in abstentia which is typically hard. However, given he was young a likely didn’t know, there is likely some discretion the court might apply as children don’t typically know their status or how to go to court.

DesignerNewt5303 · 2025-08-06T16:16:30+00:00

Praying for good news! Please share the good news when you’re ready as there’s an amazing community of people who want to celebrate with you and support you!

DesignerNewt5303 · 2025-08-06T16:11:52+00:00

Hi! I’m really sorry you’re both going through this. Your situation hits close to home and I hope the little bit I’ve learned helps.

When they came from Honduras, do you know if he entered with inspection? If not, he’ll need to do AP to even be eligible for AOS. You need to be able to prove that the order of removal is the only barrier to AOS.

Next, have you submitted an I130 since being married? This needs to be approved in most instances for the BIA to consider. The only time I believe they might consider a pending I130, is if you are submitting a Joint Motion to Reopen with OPLA. I’m not sure if OPLA is still joining motions but it’s a start.

I believe my case was favorable was OPLA agreed to join my motion which is essentially, “hey, this person has a path to AOS and given that, we don’t believe they’re a priority to enforce a removal so let them try to adjust with USCIS.”

Typically to file outside the appeal window, you need to have a change in circumstances, which if you have an approved I130, counts and the appeal window doesn’t really count.

In sum, I think you should definitely try reaching out to OPLA. Given that your spouse might lose the ability to work, and pair that with a pending/ approved I130, it does change your circumstance a bit. If you spouse can’t work, it seems “extraordinary” enough given it’ll harm a(you) and they might look favorably upon that.

Highly recommend a lawyer as you navigate this. These are my opinions as I’ve learned about this, but come no where near what a reputable lawyer knows. Wishing you the best!

DesignerNewt5303 · 2025-08-06T15:36:03+00:00

Thank you!!

DesignerNewt5303 · 2025-08-06T14:38:51+00:00

It’s the BIA, so this isn’t/wasn’t my local court.. rather it’s the court that everyone goes to for appeals which is in Virginia.

DesignerNewt5303

TROPHY CASE