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Fiji Indian

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Filed: Country: Pakistan
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@ Fiji Indian

I'm sure most people here understand the personal turmoil related to your dads case, and no one doubts it's hard for any family to be seperated.

But you're asking for legal help and emotional appeals that you're stating aren't going to work well in front of immigration. Your one try is to show extreme hardships but things like financial and emotional issues are expected and not considered dire situations. You have to be able to prove other extreme hardships. Maybe try getting a police report from Fiji about your life being threatened there? Based in the polices reaction, It sounds to me as if that was just a spat over 15 years ago, people overreacted, and your family isn't on a hitlist of any kind.

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Filed: Citizen (apr) Country: Sweden
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It sounds like your chances are very low and I think you should accept help for your PTSD so you can get a job. My mom has it and with the help of medication and therapy she could go back to working. If you don't like being medicated you can always try just therapy. But it's probably a good time to step up and help your mom. No one needs to know about the PTSD unless you mention it.

Edited by Maria&Seve




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Filed: K-1 Visa Country: Wales
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I was trying to make a point by saying, you cannot simply go back to a place and have the success as you originally had. In other words, if my Dad were to be deported to Fiji, he wouldn't have a place to live. He wouldn't have a job, and he wouldn't have a means to provide for himself in a "new" environment. It's been 15 years. What can he possibly have there, while his wife and son is here in America?

Even wild animals aren't wild after being in captivity for so long. Sure, you can release them back to the wild, but what is the guarantee of its survival and success of reintroduction into the environment they have long forgotten?

http://www.scottimmigration.net/content/i601memo

An interesting read on waivers.

But to answer the above, NONE of that is relevant.

Sounds like you have not been heavily involved in the case, your Mother hopefully can tell you the ins and outs.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
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...And I can get a job, but do you really think I will be permanently hired after finding about by PTSD?

Yes. There are many people with PTSD, especially war veterans who live normal lives with good paying jobs. Suffice to say there are even more people in the world walking around with PTSD and don't even realize it, and manage to live and work in society. And I say this to you as a doctor of psychology. I would suggest that if your PTSD is affecting your daily life, you should seek better treatment to enhance your quality of life.

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Filed: Citizen (apr) Country: Iran
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So your dad spent a year in jail on a DV, basically a felony DV which you claim was just a misunderstanding.

He then spent three years in jail after that on an ICE hold. Then he was released on bond, I assume while the appeal was pending.

The appeal was denied so they picked him up and are ready to deport him.

For your mother to file the I-130 she must make a certain income, currently over $19,000 per year. Does she have someone who would be willing to sponsor her husband since her income is not sufficient?

Then a waiver would be needed for the DV and the overstay. A waiver for felony domestic violence is almost impossible to obtain. He would have to undergo lots of counseling and therapy. The waiver will have to prove why she cannot live in the U.S. without him and why they cannot live elsewhere. The problem is he was incarcerated for four years and she survived without him during that time. Also someone threatening her 15 years ago is not going to fly as a reason why she cannot move back to Fiji.

Edited by belinda63
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Filed: K-1 Visa Country: Wales
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So your dad spent a year in jail on a DV, basically a felony DV which you claim was just a misunderstanding.

He then spent three years in jail after that on an ICE hold. Then he was released on bond, I assume while the appeal was pending.

The appeal was denied so they picked him up and are ready to deport him.

For your mother to file the I-130 she must make a certain income, currently over $19,000 per year. Does she have someone who would be willing to sponsor her husband since her income is not sufficient?

Then a waiver would be needed for the DV and the overstay. The waiver will have to prove why she cannot live in the U.S. without him and why they cannot live elsewhere. The problem is he was incarcerated for four years and she survived without him during that time. Also someone threatening her 15 years ago is not going to fly as a reason why she cannot move back to Fiji.

Sounds like they have gone through the waiver process. I 601 in country.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

I have mentioned that my Dad came here on a visa to attend his brother's funeral. His life was threatend, so he seeked a lawyer to filed for an Asylum, but the lawyer did not help my Dad on time. His visa had already expired by the time the lawyer took actions. Thus his court battles begin. He has not been here illegally and hiding. He has seeked legal help since day 1. It's the system that is slow and took their time to getting his case where it is today, 15 years later.

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

And as I've said, this is not about me. All I did was share how my Mom and I depend on my Dad. You truly think I haven't gotten therapy? Where do you think my teenager years or the 4 years my Dad was in jail went? I not only have PTSD, but Depression as well. And thank you everyone for sharing all your struggles with PTSD as well, but I cannot understand your situation or what you feel/think every minute of the day. All I know is how this has affected my parents and me. I did not come here to seek help for my PTSD, it was simply a short informative part of the story. Again, I was diagnosed with PTSD AND DEPRESSION when my Dad was in jail. Him being away was the reason for my condition. When my Dad was released, I was on the road to recovery, now we are back in the same situation we were. If a therapy session didn't work for me back then, why would it work now?

And I have had thought about joining the Army, but why would I join the Army, when I want to be able to be with both of my parents and see them everyday? Sure there are benefits of joining the Army, but what's the point in me trying to keep my family together, only to have 3 of us scattered around the world? Again, I am trying to keep my family together.

And why I keep saying "I'll share full details when I tslk

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Filed: AOS (pnd) Country: China
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I'm sorry, I got my information wrong. He served 1 year for Domestic Violence, and 3 years in ICE Custody. My Mom did file for I 130, but it was denied. The only thing we have been told could save him now is, if we prove that we will suffer through hardship without him. I have given a brief information on how we have and will suffer on post #6

I've seen/read about plenty more DV situations that with more violence but they seem to get out on easier terms,

so I'm surprised on what appeared to be somewhat of an minor (based on your descriptions) incident

and that it has led to an 1 year in jail. I'm thinking this only may been possible because your mother gave

somewhat terrifying testimony. In any case, what a bad luck.

Back on your father's situation...the fact that your mom earns almost $19K,

and that you are legally an adult that can work, and your father being in jail

for the past 4 years and didn't provide any income to your family...yet your

family survived just fine, so I think it would be hard to convince someone of hardship.

But, don't let that discourage you. I hope your family can be fully united soon

without incurring more expensive attorney fees.

Good luck and keep us posted.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Filed: Timeline

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

Even though he Sought Asylum, until it is Granted, he is in an overstayed condition and thus here Illegally.

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Filed: Timeline

I have mentioned that my Dad came here on a visa to attend his brother's funeral. His life was threatend, so he seeked a lawyer to filed for an Asylum, but the lawyer did not help my Dad on time. His visa had already expired by the time the lawyer took actions. Thus his court battles begin. He has not been here illegally and hiding. He has seeked legal help since day 1. It's the system that is slow and took their time to getting his case where it is today, 15 years later.

How can you say someone has been here illegally, when they have always been truthful about their immigration status and have seeked legal help. Fiji is not a place where you can cross the border and here you are in America. Fiji is 19 hours away. You certainly cannot visit someone there every year. Maybe every other year for 1 week.

And as I've said, this is not about me. All I did was share how my Mom and I depend on my Dad. You truly think I haven't gotten therapy? Where do you think my teenager years or the 4 years my Dad was in jail went? I not only have PTSD, but Depression as well. And thank you everyone for sharing all your struggles with PTSD as well, but I cannot understand your situation or what you feel/think every minute of the day. All I know is how this has affected my parents and me. I did not come here to seek help for my PTSD, it was simply a short informative part of the story. Again, I was diagnosed with PTSD AND DEPRESSION when my Dad was in jail. Him being away was the reason for my condition. When my Dad was released, I was on the road to recovery, now we are back in the same situation we were. If a therapy session didn't work for me back then, why would it work now?

And I have had thought about joining the Army, but why would I join the Army, when I want to be able to be with both of my parents and see them everyday? Sure there are benefits of joining the Army, but what's the point in me trying to keep my family together, only to have 3 of us scattered around the world? Again, I am trying to keep my family together. I was more happy making $360+ a week with my Dad, rather then finding a better paying job that would require being away from home days/weeks at a time; firefighter, truck driver etc...

And why I keep saying "I'll share full details when I talk with my Mom", is because I need to talk to her and get more information out. But yet people kept responding and asking small questions, which I did have answers for, so I answered. But from the answers I've gotten, it doesn't really matter if I talk to my Mom or not right?

Anyways, I have gotten whatever information people could help with, instead of making this thread mainly about my situation or how we can forget a family member as if he was simply a pet we owned. Maybe you people don't understand our culture. Sure you may relate to PTSD, but not our culture, being married to someone for 42+ years, or being more attached to that parent then the other and being extremely Depressed etc... I will no longer post on here, until it's furthur needed. My time is more valuable to me to look at success story's by others who have been in our situation.

Again, I am not trying to be disrespectful, but you wouldn't be able to control yourself either if you were me. My heart tells me justice will be served to my family, I'm not gonna take people's answers seriously on the Internet, or my mind. We didn't come this far to just pack up and move back.

Thank you for the help and information for those who helped try to figure out my Dad's case. I appreciate it.

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Filed: K-1 Visa Country: Wales
Timeline

Just a quick thing to clear up (and could explain why he's in this sort of trouble to begin with): just because you enter a country legally, with a visa, doesn't mean that you will always remain legal. Unfortunately, he overstayed that visa (and if he was working while on it, he misused it). He was not here legally as soon as that visa expired. That is how the majority of "illegal immigrants" arrive--legally (and usually with visitor's visas) and then become illegal. This is possibly a big reason why your mom couldn't file for him.

Not only could his Mother file, she did file.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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