southcoast

Your OP is confusing. Since you have filed an I-751, then I presume it is based on the first marriage. If that is the case, then don't travel. Your crime certainly sounds like a crime involving moral turpitude and it is an excludable offense. While the poster above is correct, in that ICE has to refer you to an IJ, they can hold you, without bail until your case is resolved. Because your conviction happened so soon after issuance ot the original green card, then there is no relief available. You would probably have to reapply through your new wife and obtain a waiver. This could result in a very long period of detention. As I said, the facts aren't entirely clear, but I would not leave the country.

A 16 year old,  F2A has given birth to one child. The birth occurred after the I-130 was approved and priority date was reached, but before NVC processing. My understanding is that the baby does not require a visa to enter under these circumstances, but am not sure of the mechanics. Does she just enter with the F2A on F2A's passport? What is the baby's status upon entry?  any forms required? Should the baby obtain her own passport for purposes of obtaining an entry stamp to avoid future confusion as to status upon entry? Thank you.

It does not matter. Intent alone is not a reason for denial, anyway.

The OP said that she had non-immigrant intent, and so it is not an issue here. But why would it not be grounds for denial. If she made a representation of non-immigrant intent in order to gain entry, then why would she not be excludable for willful and material misrepresentation. I have seen this a number of times on this site and am hoping for an explanation. Thanks.

ROFL!!! "Handphone user"? Darnell, you really kill me! LOL!

I only consulted with two lawyers when my guy and I were talking about getting engaged. They both gave me great advice and told me things to be aware of that I wouldn't have thought of, like the IMBRA thing for K-1. However, I didn't hire any lawyer and heavily relied on VJ. Our whole visa process lasted seven months and given that my guy is Afghan, to me, that's pretty darn good!

Given my professional background, I am comfortable reading law and technical handbooks, so this stuff doesn't intimidate me. Someone who is not comfortable with those things can and have been completely successful without using the actual law or handbooks.

If you are at the AOS stage, remember, that the vast majority of cases of people marrying a US citizen or LPR will be eligible to stay and won't face deportation charges. If that's an issue, then lawyer is a great option. If we would have adjusted from a visitor visa, we probably would have hired a lawyer. If there are no criminal charges or other problems with the law on either of you two, then the need for a lawyer decreases.

Finally, you hiring a lawyer WILL NOT affect how the case is processed. It will not be faster because you have a lawyer. You will not be guaranteed that you won't have an RFE because you have a lawyer. The AOS stage is a strange one to me. It's like a box of chocolates - you never know what you're gonna get. You can have your GC in hand within two months or you might be waiting in "My interview is ready to be scheduled" status for 10+ months. No one can predict and a lawyer cannot change this fact.

It's a personal decision, but you can do this! The forms may seem daunting and sometimes confusing, but your answer can be found on VJ. You can always hire a lawyer later, but you know your situation better than anyone. Just be clear with your lawyer if you hire one. If you don't, the search bar on VJ will come in mighty handy!

The way you handled it makes a great deal of sense. I think everyone should take advantage of a free consultation with a lawyer. While it is true that you don't need a lawyer in a case that isn't complicated, it is difficult without a legal background to know whether there are complicating factors. So do it yourself, but at least let a professional take a look before you do so.

Some of us are average Joes who have been through some of these processes but there are some experts here also . We have lawyers, ex-COs, etc...Some lawyers have misinformed their clients resulting in delayed process.

It is up to OP to make the decision.

If you have such a low opinion of this board, why are you here?

Why wasn't the question addressed to the lawyer? The lawyer knows her case. We do not have all the facts. If you hire a lawyer, I think it is appropriate to first address the question to him. If he seems clueless and doesn't seem to get it, then its time to pick up the file and run. I just don't see the point in going first to a board,and asking for opinions on what the lawyer is doing, without first asking for the lawyer's rationale. perhaps what he is doing makes perfect sense and can be readily explained. Perhaps not. But communication between client and attorney is necessary. If he doesn't even understand what he's doing enough to file a 129f, then she certainly doesn't want him handling a complex waiver case.

I cant think of a reason to include the papers, but perhaps his thought is to accomplish early filing of the waivers. I don't know. But if he is your lawyer, and intimately familiar with the details of your case, then I would listen to him rather than this board. If you trust strangers on a board more than the lawyer, then fire the lawyer and do it yourself.

212 h is only for certain criminal grounds. Crimes of moral turpitude, prostitution, and a single offense of possession of 30 grams or less of marijuana. Thats it. There is no waiver for murder, torture, aggravated felonies or for violations of any other law regarding controlled substances. If you have differing information in an official link it would be appreciated as there are several current users on VJ dealing with drug charges/inadmissibility.

No. I completely agree. We had strayed into a discussion as to whether any 212h waiver can be granted to a fiancé as opposed to a spouse. Your point was the same as mine which I had repeated several times. Specifically, that the discussion is academic because there is no waiver for a drug trafficker. An interesting note is that aggravated felonies are not grounds for exclusion, and in the case where it is also a CMT an h waiver can be used- unless it was after the person was admitted as a permanent resident. But drug crimes- No.

Looks outdated.

Waivers are sent to the Lockbox and have for some time.

You are quite right about the place of filing, but the procedure is the same. She needs waiver of a criminal grounds which is found at subsection h. This waiver is not available to a fiancé because they are not included in the statute. This is why they issue a d3,and a provisional h, which will be allowed upon marriage. The filing place is outdated, but not the statute which hasn't changed since 1990. In any case, none of this nuance is applicable when she is engaged to someone who has been convicted of drug trafficking. There is no waiver, and so vacating the conviction is the only potential avenue of relief.

I should have been more clear I guess. A fiancé can file a waiver request and can be granted a conditional waiver which will take effect upon marriage. The fiancé is then admitted on a D3 waiver. The statute does not allow the waiver until the couple is married. I didn't get into this nuance because I was concerned that the OP was under the impression that a waiver is available to "drug traffickers" which is not the case. Anyway, I am happy for you that a waiver seems available in your case.

West's A.L.R. Digest, Aliens, Immigration, and Citizenship ​190

This is not true. My lawyer and the waiver paperwork state that a fiancé is a qualified family member able to file a waiver. My lawyer is a very reputable immigration attorney. She told me our chances of approval are NOT diminished because we are not yet married.

There is no waiver available for drug crimes except for simple possession of less than 30 grams of marijuana. I am glad that a waiver in your case, but obviously your spouse has not been convicted of selling drugs.

I don't think that it is likely he will be coming to live in the US. The only waiver available for drugs is in the case of simple possession of a small amount of marijuana- and this is only available to spouses, not fiancés. It is true that a D3 waiver could theoretically get him in the door as a non-immigrant (k-1), but he would be unable to adjust. About the only way around this is to speak to a criminal defense lawyer in the jurisdiction of the conviction, and find out if there is some sort of post-conviction relief available.

One thing I hear on here all the time is that you don't need a lawyer if your case doesn't have complications. This is certainly true, but the problem is that most people don't know whether their case is complicated. They don't know the issues that may cause a complication. I would recommend that everyone find a good lawyer, and have a consultation. This is usually free. Tell him the story and see what he says. Find out his rates, etc., and then make up your mind whether to go forward alone.

Ignore all the chatter about immigrant intent. It doesn't matter for you under Matter of Battista and Matter of Cavazos which are immigration court cases which states that USCIS can not deny the AOS of an Immediate Relative of a USC for having immigrant intent.

An attorney can help if you and your USC don't have the time or desire to learn about filing on your own. Most poeple here file on their own without an attorney.

Get marry in the US and file for AOS. It's the quickest and most simple way for you to stay together and start your life in the US. Be aware that if you leave during the AOS process without Advance Parole, you will be abandoning the entire process.

Read the Guides and follow them.

Best of luck.

I wasn't able to find battista, but I disagree that cavazos is that clear. Today there is little problem with a vwf petition, but since any decision of the USCIS is unreviewable in court, I would pay close attention to the issue of intent at the time of entry. Lying about ones intent is still an excludable offense, and waivers aren't always easy to get- particularly in the case of a new marriage

Boiler I am an attorney since 1988 and I don't see anything regarding immigration law as a game.My information is based in the Law and legal facts.

If someone asks me do I have a U case? I will not take someone money and lie to the person saying yes you have a U case when the person has not a U case at all,like the case mentioned here.Demanding a cell phone and money using a weapon can be considered a ferocious assault, nope.

The crime would not be defined as demanding a cell phone and money. He did it at the point of a gun. That is robbery which is one of the crimes on the list you quoted.

There has been an awful lot of ####### posted on this thread and I am very surprised a Mod who has participated has not been deleting posts furiously.

I posted the rules, I have seen many U Visa cases, I see no reason why this situation could not result in a U visa. Certainly here there is no decnet guidance, plenty of places out there that do, Seems likely the person is in CA and that is a particularly supportive area.

Couldn't agree more. It isn't a simple "mugging", it is an armed robbery. If the police are cooperative in issuing the predicate paperwork, then, on its face, it seems like a reasonable U-visa application.

As an aside - I get the impression some people on here think I am attacking the US. No, I am not doing that, I am just venting my frustration with a new set of rules. I was frustrated while waiting 18 months to get my CR-1 visa. I vented then too but I survived and I will survive this horrible process as well.

Reread your OP and I think that it is fair that people had that impression. First impressions are important, and frankly you come across as a bit entitled. If I were combing through dozens of resumes and cover letters, It is quite possible that I would reject one simply for "tone". Good luck with your job search.

Newacct is right on the mark here. Someone countered by saying that AP is discretionary and that is true, But so is a 601A, and in order to qualify for it one must establish extreme hardship. This is difficult to do with a brand new marriage with no kids. Get the Daca, apply for AP, establish a lawful entry and then adjust him with out a waiver.

You shouldn't need a 601 assuming there are no other bars to admissibility. Bona fides should be satisfied by the kids birth certificates. I wouldn't worry too much.

In your cover letter explain that you are cutting it close. Include something like, "in the event the application is received late, please consider this a request for leave to file late". Ive seen them filed months and even years late. USCIS has the discretion to accept late filings, and personally I have never seen them decline a late filing. Having said that, if the application is ready today, then fed ex it today.

Mehelp: You said tht his lawyer said to come pick up all your papers from his office. What papers does he have? Is this the same lawyer who represented you in obtaining his grencard or removing the conditions. It doesn't do much to change your position, but if he is now representing one party against the other, then it is a serious breach of ethics.

Joshuam- There is a vagueness as to when proceedings begin. Is it when the NTA is issued or is it when it is filed in the immigration court. I wouldn't split hairs. Say you are in proceedings and note in the margin- NTA issued- awaiting court date.

Withheld adjudication generally refers to a decision by a judge to put a person on probation without an adjudication of guilt. It means a person is not found guilty legally by the court. If the person successfully completes the terms of probation and has no subsequent offenses, no further action with be taken on the case and the offense for which adjudication was withheld is typically not considered a prior conviction for purposes of habitual offender sentencing. In was in the state of Florida

I don't know about habitual offender sentencing. You may well be right. But for immigration the rules are different. The florida statute you are referring sounds a lot like the Massachusetts rules surrounding "continued without a finding". In Massachusetts it is not a conviction, but in immigration it is. It is statutorily defined in the immigration and nationality act at 101 (a) (48) (A), and it includes many deferred adjudications. I don't know enough about the florida staute, but would still say that if in doubt- disclose it.

Frequently deferred adjudications are "convictions" for immigration purposes. It depends on the state and under which provision it was deferred. In Massachusetts, for example, "pre trial probation" is not a conviction, but "continued without a finding" is. If in doubt, disclose it.

I believe that the hardship must be to the petitioning relative. Assuming that the OP was the petitioner for mom and dad, then no waiver possible. Mother will have to file a preference petition for her husband, and then file the 601 when it is approved and current. I think about a year currently.

Your original joint petition is now gone because the marriage is over. Immigration courts are all backed up. Go to court the first time and they will continue the case to get a lawyer. depending on where you are, these continuances may take 6 months to a year. During this time get the divorce finalized. When you have a final divorce then refile the I-751 asking for a waiver of the joint-filing requirement (good- faith marriage). Then go to immigration court- show the judge the filing- and he will probably administratively close the file to allow USCIS to adjudicate the case. If you lose at USCIS, then the case will go back to the judge who will give you a new hearing on it. keep all your evidence and get whatever other evidence that it was a good faith marriage. Consider getting affidavits from her family members now, as they may not be willing when this case comes to trial (if it comes to trial) some years from now.

Your original joint petition is now gone because the marriage is over. Immigration courts are all backed up. Go to court the first time and they will continue the case to get a lawyer. depending on where you are, these continuances may take 6 months to a year. During this time get the divorce finalized. When you have a final divorce then refile the I-751 asking for a waiver of the joint-filing requirement (good- faith marriage). Then go to immigration court- show the judge the filing- and he will probably administratively close the file to allow USCIS to adjudicate the case. If you lose at USCIS, then the case will go back to the judge who will give you a new hearing on it. keep all your evidence and get whatever other evidence that it was a good faith marriage. Consider getting affidavits from her family members now, as they may not be willing when this case comes to trial (if it comes to trial) some years from now. finally, call the immigration court at 800 898 7180 every couple of weeks to see if your case has been scheduled. Thay are notorious for sending the notices to the wrong place and being ordered deported in your absence significantly complicates matters.