Please help with any information!!!

[AdileneR 7]

Thank you all of you for the advice and information I really appreciate it. People don’t notice the anxiety and the depression this process can cause to many people. It’s tough. I will try my best. 

[Family 3,536]

2 minutes ago, AdileneR said:

Thank you all of you for the advice and information I really appreciate it. People don’t notice the anxiety and the depression this process can cause to many people. It’s tough. I will try my best. 

Well, you are in the right place both for getting help with the process and for venting frustration ! Do lots of reading and feel free to jump in and post answers yourself! You may cheer someone up and make them smile for a moment! 
 

[Redro 4,601]

4 hours ago, Family said:

It was part of documentation needed for your husband to obtain the license, so it’s on record…but as you are learning, a bit more rare and not something they deal with daily. Hope you insist the attorney files your case …or get copies of your file and file it yourself. 
Either he lacks experience OR is using the argument to upsell the “ difficulty” of your case.  ..both scenarios make me lose faith . 

Thinking this lawyer is trying to scare them into thinking they really need a lawyer! 

I would fire this guy and DIY. 

Unless there is some type of criminal history in your past/or you are inadmissible and require a lawyer. You don't need a lawyer. 

Just use the guides and ask questions in the forums. 

 

[AdileneR 7]

No criminal record no nothing. My case is kind of confusing. I use to live in the US I was a DACA recipient and I had DACA from the age of 17 till I was 23. Never got in trouble just kept going to school to become a Nurse. My step dad petitioned for my mom and I years ago but since the pandemic happen things got delayed. Last year we had our appointment and things took a turn for the worst. My moms lawyer did not do a very good job and he’s the reason why I got denied and why I’m stuck here now in Juarez Mexico. I should’ve never left but things happen. My boyfriend of three years married me and we are here now going through the process. I been here for almost 9 months already. 

[Redro 4,601]

3 minutes ago, AdileneR said:

No criminal record no nothing. My case is kind of confusing. I use to live in the US I was a DACA recipient and I had DACA from the age of 17 till I was 23. Never got in trouble just kept going to school to become a Nurse. My step dad petitioned for my mom and I years ago but since the pandemic happen things got delayed. Last year we had our appointment and things took a turn for the worst. My moms lawyer did not do a very good job and he’s the reason why I got denied and why I’m stuck here now in Juarez Mexico. I should’ve never left but things happen. My boyfriend of three years married me and we are here now going through the process. I been here for almost 9 months already. 

I'm so sorry to hear that. 

Sounds like you might need a lawyer for some parts of the case. But, I would really push this lawyer to file the petition without the affidavit. 

[Family 3,536]

I could tell by your great English skills, you had some history in the US. If the interview was 9 months ago and you are stuck and am assuming some problems with your stepdads petition , age out from F-2a to F-2b and attorney assumed CSPA? Why were denied? Cause u basically had to marry and start new I-130. 
 

Did the attorney send you out to CDJ without advance parole? Even if you were denied you could have returned….before I continue guessing, do you mind posting why you were denied?
 

I am afraid to ask what happened to mom ( am assuming she went with a fully approved I-601 A provisional waiver)…but CDJ is notorious for revoking I-601 A and slapping “ alien smuggling “ charges to immigrants who brought their young children to the US , EWI….was mom approved? 

 

[Family 3,536]

I assumed stepfather was LPR in previous guess, but if he was USC , then still don’t see reason for not denial and even fixing any mistakes by previous attorney…did they find ULP ( unlawful presence) for you or what???

 

[Redro 4,601]

9 minutes ago, Family said:

I could tell by your great English skills, you had some history in the US. If the interview was 9 months ago and you are stuck and am assuming some problems with your stepdads petition , age out from F-2a to F-2b and attorney assumed CSPA? Why were denied? Cause u basically had to marry and start new I-130. 
 

Did the attorney send you out to CDJ without advance parole? Even if you were denied you could have returned….before I continue guessing, do you mind posting why you were denied?
 

I am afraid to ask what happened to mom ( am assuming she went with a fully approved I-601 A provisional waiver)…but CDJ is notorious for revoking I-601 A and slapping “ alien smuggling “ charges to immigrants who brought their young children to the US , EWI….was mom approved? 

 

Post from Waiver/AP forum... 

 

[AdileneR 7]

It is very cliche to say this but I guess things happen for a reason? But thanks I have meeting with my lawyer tomorrow. 
 

my mom had her waiver but, the reason why she got denied is because she crossed me over to the US at the age of one. My mom only got a Penalty of a year. As for me the lawyer didn’t even mention anything about advance parole. Kid you not I just learned about that last week. Also I learned the reason why I was denied was because during this process my step dad was a permanent Resident at the time and a couple months before our appointment he became a citizen and that affected me. 

[AdileneR 7]

They didn’t even question me at all the day of our appointment . They only asked for my DACA stuff and they never asked for a waiver from me. Everything was directed towards my mom and asked if she has her waiver, but yea she was denied because she crossed me. 

[Family 3,536]

Here is an easy way to lay out your “ complicated “ story and get some feedback to make it easier to grasp why you were denied, what mistakes did first attorney make ( because if they were critical errors, you can file a complaint).

1. What age did you enter US ? Was entrance EWI ( entry without inspection…so no visa ) ?
2. Were you under 18 when mom and stepdad married?
3. Was stepfather LPR ( green card) or USC when he filed the I-130 petition for you and mom?
4. You stated u had DACA from 17 to 23 , were you in DACA status when you left for interview 9 months ago?

5. Did you have advance parole when you left for interview and why did you not turn around and come back when they denied? 
 

***No matter the answers above, YOU still DO NOT need to wait for Affidavit to file the I-130! So tell your current attorney TO FILE!

[AdileneR 7]

1. I enters the US at the age of one and yes it was EWI, she did not cross me with a visa.

2. I was 19 when they married 

3. my stepfather was a Permanent Resident when he filed and 5 months before we had our appointment he became a citizen. 
4.  Yes I had DACA 9 months ago 

5. No I did not get Advance parole before I came to my interview. I did not know of it before and the lawyer never mentioned anything about getting it and I didn’t come back because once you cross you automatically lose DACA. 

[Family 3,536]

5 minutes ago, AdileneR said:

They didn’t even question me at all the day of our appointment . They only asked for my DACA stuff and they never asked for a waiver from me. Everything was directed towards my mom and asked if she has her waiver, but yea she was denied because she crossed me. 

Let me clarify it a bit more for you, so you can take some steps in the future:

 

1. If mom’s I-601 A Provisional Waiver was revoked ( cause it only waives unlawful practice) , and they found alien smuggling for bringing you in , then mom IS/ WAS required to file an NEW waiver called I-601 and is stuck there until that gets approved.*****THIS is specific to CDJ ( Mexico only) and has been a reality for over 10 years…( issue with attorney!) 

 

2. If the attorney sent you to the interview ( because it’s usual to prep your final docs , make medical appointment, fingerprints, register the visa appointment) , charge a fee for doing so…if he sent you there fully aware that your stepfather Naturalized, that is AN NUCLEAR issue with his capacity to practice 

 

3. If on top of that he SENT you out fully aware that Daca advance parole was reinstated by that time and that is yet another BIG issue.

 

4. I can only guess that he is the same attorney who helped your stepfather apply for Citizenship, and should have known you would automatically be disqualified from mom’s petition! 
 

*****If the scenario I described above is accurate, then you have more than enough grounds to file with a complaint w State Bar and even get all the legal fees returned *** at least help others from being ripped off so blatantly.

[Family 3,536]

7 minutes ago, AdileneR said:

1. I enters the US at the age of one and yes it was EWI, she did not cross me with a visa.

2. I was 19 when they married 

3. my stepfather was a Permanent Resident when he filed and 5 months before we had our appointment he became a citizen. 
4.  Yes I had DACA 9 months ago 

5. No I did not get Advance parole before I came to my interview. I did not know of it before and the lawyer never mentioned anything about getting it and I didn’t come back because once you cross you automatically lose DACA. 

OMG! If you were 19 when they married then YOU were never considered a derivative on your moms I-130! Did he actually say to you that you were included in mom’s petition????!! That’s beyond belief! 

If you want to file w state bar , let me know will send you link….
 

 

[AdileneR 7]

Yea it’s very accurate…. And he did a very poor job literally my whole life changed in the blink of an eye. I was two years away from graduating college and I had plans to move in with husband.  It’s crazy to think that I’m having such a difficult time as it is it scares me to continue. It might sound crazy but from my first experience I feel like I have ptsd it might sound exaggerating but,  just thinking that I have to go back one day to the consulate for my interview scares me. Even though I have a clean record and I literally have nothing to hide, it scares me they literally hold my future in their hands.

I’m so new to this … if I may ask of course I know you’re not a lawyer but I’m starting to wonder if I’ll need a waiver?  
 

and yes please send it….