colorfulx

I'm not going to do anything until we're given the green light by the lawyer, first step was getting the FOIA request back which takes forever so I'm basically a sitting duck who worries all the time now. And no, my husband's charges were neither one dismissed. My husband got the DUI first in September, his court date was for November. In November (a few days before his court date for the dui) he was arrested for domestic assault so at his court date for the DUI they added in the Domestic Assault and he pled guilty to both.

DUI shouldn't be an aggravated felony, he had a valid licenses at the time he received it (he got the licenses through his high school student id number in 2002. It wasn't set to expire until 12/27/2006. He was arrested 9/29/2006 and the licenses was revoked/suspended on 11/29/2006, the day he went to court.)

The Domestic Assault is what scares me. Afraid he wont be able to overcome it.

We've actually seen multiple lawyers and we're told to file the I-601A but I didn't really trust them, and the last lawyer barely listened to anything that we said so I made an consultation with the new lawyer that submitted the FOIA request. He didn't talk too much about waivers, and told me to wait on my own petition. So just kind of waiting at this point.

I would get the FOIA answer and file , as long as

there is no negative history like CIMT I say filr,

Theres no 30 yrs wait ....but 2004 or 2009 its still a

long wait in tis category that can run 10-14 yrs,

spousal petition will go faster

The CIMT I am unsure of.

Husband has a DUI from 2006 age 20. (Don't believe that is a CIMT, he had a valid licenses) At court he pled guilty: time served, $350 fine and 1 year probation and 1 year revoked licenses plus DUI school.

Husband also got a domestic assault in 2006, age 21. (Police report states he "during a physical altercation he choked his fiancés father and threatened to kill him") / Maximum punishment for that charge is 11mths & 29 days. At court he pled guilty and he received: No sentence, No Fine, No probation.

I saw things about petty offense exception, On another immi site I've been told from some it can only be applied if you only have 1 crime and my husband is ineligible because he has 2 crimes. Then I've been told it can be applied if only one of his crime is considered a CIMT. And at some point I was also told the domestic assault could be considered an aggravated felony, so I have no clue?

Our lawyer said he wanted to explore the convictions a little further (because they did happen in another state) I brought him the incident/police report from the arrest, everything from the court: court disposition/sentencing and judgement and the police report filed with the courts. So I guess I have to wait to see what they say, because both those crimes happened in another state and they needed to evaluate them a bit further because every state has different statues.

Sure. This forum exists to help you with your immigration process and share experiences.

Do you know why it would say it was received on October 8th, 2009? When the receipt notice is from 2004? Any idea?

& Yeah, the F4 category is taking like 12-13 years. Just now on 2002 I think the lawyer said?

A very sad story indeed... but look at the bright side: he found you and everything will be alright!

Yes I went to the appointment all ready to file my petition and get things going and the lawyer wanted us to do a FOIA request instead so alas that's what we did. Ugh lol

Do you happen to understand the receipt notice stuff?

Yeah he said he wanted to see what was in there, because my husband came over at such an young age and all of his relatives that came with him got their stuff.

His much older brother filed for Asylum in the 90's, became USC in 2001.
His dad married a USC and she petitioned for his dad only.
His uncle married a USC and his wife petitioned for him as well.

His mother had deferred action, but she left the country in 1995 and passed away.

^ They all adjusted status inside the US. Hubby can't, he had nothing.

We talked to our lawyer and they don't want me to file my own petition for my husband right now. They want to learn more about the petition his brother filed for him. He wants to know the actual date it was filed, priority date and etc. why? not sure. I highly doubt it would of been filed within the timeframe for the life act, because I don't believe receipt notices take 2+ years to be received, correct?) Anyway, we did a FOIA request. (will take ages!)

How long does it normally take for you to receive your receipt number for a petition after you've filed an I-130 petition? One I am speaking about would be in the F4 category. My husband's brother filed a petition in which he received the "receipt number" ~ Starts out with SRC and it shows that it was processed in 2004 (first two numbers are 04), on the 081st computer day. (sometime at the end of January I assume.) Also, the lawyer looked online to check status and it said "On October 08,2009 we received your I-130 petition for relative, fiancé or orphan" and he said that was a bit confusing. His brother contacted USCIS and the lady he spoke to on the phone was rather confused herself and they are supposed to mail out a response to my husband's brother in 30 days (not holding my breath there.)

Not really sure what's going on with that and a tad bit confused as to why the lawyer doesn't want me filing my own petition yet, curious if anyone has any explanation or thoughts on any of this?

Domestic Assault is a misdemeanor. Max sentence could of been 11mths & 29 days, in the state he received it. (not sure about other states?) It was an physical altercation between my husband and another man.

He received no probation, no restrictions, no sentence, no fine.

I don't think it can be dismissed, the case is like .. over 8 years old, plus he pled guilty in court. I don't think there's anything we can do about it now.

The other two lawyers both dealt with waivers as well as criminal aspect. The new lawyer also specializes in criminal and domestic violence (as listed on her page) that's why we made an appointment to see her as well.

I will update after our appointment

Just curious if anyone else was told to file for the I-601A provisional waiver, even though they have prior criminal convictions? My husband has 2 criminal convictions from two separate acts in 2006. (DUI-1st offense. Domestic Assault) from what we've been told is that neither is a CIMT or Aggravated Felony and that neither offense is 'inadmissible' to the US but both are deportable offenses.

We've seen two separate lawyers, both told us to file the provisional waiver. We have a consultation set up with a new lawyer and are waiting to see what she says. I'm apprehensive about filing the waiver because to me filing for this waiver puts him at risk for being deported after the waiver is denied -or- if it by chance was approved, being denied outside the US. I don't have any medical hardships. My husband wants to file the I-601A (He has been here since he was 4, 1989. The only family he's ever known is here. His father is LPR, his uncle and brother are now USC as well as his aunts by marriage and nieces. My husbands mother was in the US from 1989- 1995 but went back to el Salvador, she passed away in 2009.)

But getting back to my question, has anyone else filed the I-601A with two significant misdemeanors?

http://consuladowashington.rree.gob.sv/index.php/servicios-consulares/item/emision-de-pasaportes-en-el-exterior

Start there (translate the page into English via the built-in translation option if needed) and see which category your husband falls under.

I'm assuming he doesn't have a current DUI (a Salvadoran ID card for use in El Salvador), but did he have one in the past in El Salvador? The DUI is primary identity document in El Salvador (essentially the equivalent to a state driver license or non-driver state ID in the U.S. in the sense that it's the main way you identify yourself).

Does he have his Salvadoran birth certificate in his possession? Does he have one in safekeeping with family in El Salvador?

Call the embassy in Washington, DC and ask which Salvadoran consulate has jurisdiction over your home state of Tennessee/Kentucky. From there you should be able to inquire about the specifics of your case and get the ball rolling.

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The dui was inside the united states in 2006 (he had a licenses, but it was suspended. couldn't renew because they changed the law and you had to have a social.) My husband has been here since 1989 (age 4.) So the only thing we have from el Salvador is his birth certificate. To our knowledge he never had a passport or anything, his parents did but they brought him here illegally. (EWI)

I-95? Was she a crew member?

no clue. on the paper it says "list your A number (if any) or I-94 number (if any)"

She listed a number, that doesn't start with an "A" that is 9 digits.

Other than that, we have no clue, my husband knows very little about his mother.

Edit: just realized I mistyped and put I-95, I meant I-94. So sorry for the confusion.

I think seeing the number listed under "A number of I-95 number" was the most confusing. But obviously now I see that she had been given work authorization so she was given some kind of number, correct?

I would be lying if I didn't say I was hoping that somehow this paper would help my husband, but from what I gather it doesn't (which is ok, it at least gives him some insight on his mom.) Aside from the initial application, there was no backside or anything else included except a statement about an "I-765" and a photo copy of the money order she used, but I think it's nice to have regardless.

Thank you again, so much!

I knew what EWI was. DED was what we couldn't figure out, so she must of gotten that through 'temporary protected status' from the link sent.

Thank you for commenting

I've known that we've had this form for my husband's mother but I'd never taken the time to actually look at it, it has sentimental value to my husband. However I decided to finally get it out and look at it and I'm very confused about the form. It asks for her name, birthdate and things of that nature and asks about her last entry into the US (she has it listed for January 1989 and the manner of entry was: EWI.) It was dated for 1995 (on both the application and the receipts stapled), it is a photocopy that I assume she was given back from the place she turned this in to and there is an attached receipt for her payment. Below is a short summary of what the form has listed/check marked.

"Application for Employment Authorization"
She has the box checked that says I am applying for ... "extension of my permission to accept employment"

Social Security Number (include all numbers you have used): She has a social listed. (Not a good sign.)

Your Alien Registration Number (If any) Or I-94 number (If any): She has an 9 digit number listed (doesn't start with a "A" though.)

Have you ever before applied for employment authorization: Yes
Results of application: Granted
Current Immigration Status: D. E. D (What does that even mean?)

Go to eligibility section on reverse side and place the number/or box you have check marked (eligibility under 8 CFR 274a.12): (A) (In this one it appears to be either a 1 or / ) (C2)

I don't understand how she applied for employment and we're wanting some clarification. His mother left in 1995 and is now deceased or else I'd ask her myself.

That's what I thought too

Hey Hypnos! Yes, I already posted there. That's how I was given the links. I'm thinking after talking to them that the I-601A Provisional Waiver may not be an option. He can't file under the petty exemption because he needed to only have 1 crime, and he has 2.

Thank you

It probably means ICE could come looking for him if they wanted to. They can't go after every single alien that commits a crime, so he hasn't made it on their radar as of yet.

Being on their radar scares me and him because we know that it doesn't matter how old the crime is, or the good he's done since then. Scary stuff, I'm being told from another site not to try to do the I-601A Provisional waiver. Am happy that I was given the links to that site though because it did clarify the majority of what myself & you have been talking about the past few days.

Here are two links I was given:

DUI (TN) : http://www.moralturpitude.org/tennessee/driving-under-the-influence/
Domestic Assault (TN): http://www.moralturpitude.org/tennessee/domestic-assault/

Neither are CIMT or Aggravated Felonies. However, the Domestic Assault charge is a crime of domestic violence and is grounds for removal. So, I don't really know how that will work out :/

No. He needs to go to El Salvador's US embassy's website and find out the requirements for obtaining a passport. He will more than likely have to go to a consulate that is near and obtain one in person.

Thank you Ricdan, I'm probably the most .. uneducated person about this entire process. Thank you

Hypnos, neither my husband or myself can read Spanish. Is there anyway I can translate this site?

Nevermind, I used google translate. Thank you so much Hypnos!!

Hey Hypnos, well how do we go about doing that? Wouldn't that require he go back to El Salvador?

My lawyer said when we came to our first appointment that my husband would need to bring a form of ID. (Passport, State ID, Licenses even if suspended) Problem is my husband has none of those things, he had a licenses once upon a blue moon but the licenses was taken in 2006 a month before it expired due to a DUI, after that you were required to have a social to get a drivers licenses. We live in KY now and I am unsure if he can even get a state ID.

Can anyone shed any light on this? There must be a way to obtain a photo ID since I don't know why our lawyer would tell us we need to bring a form of ID knowing that he is an undocumented alien who has been living here since 1989 (age 4.) and he will need an ID when he goes to fill out for an Tax ID Number.

Perhaps I am just over thinking this whole process. But when I called to see if he could get an a regular state ID the lady told me no? I feel stupid for asking =/

Thank you both for responding, I will go check that site out

We've been told countless times that he can't stay inside the US. His father married a USC and she petitioned for his father only (not my husband) so my husband isn't protected because nothing was filed for him prior to 2001. His step mom would of had to file a petition for him separately, because his step mom is a united states citizen.

I'm new too and I'm unsure but I believe he can file an I-601 (Not the provisional waiver, another one that must be filed within his home country) He will have to be out of the country for a while if he goes this route, but it is another possible route that he could take.

I know you can't appeal an I-601A but I did see that you are able to file another I-601A, but I don't know if he still could because he already has an interview date. I'm unsure why they would deny him an I-601A waiver if he has no criminal record, was he ever deported or entered the country more than once? The I-601A Provisional waiver, only waives 1 act of illegal entry.

If he has a lawyer I would probably consult with him/her about this.

EDIT: I didn't realize the age of this post. :/

I haven't filed an I-601A for my husband yet, as I'm waiting to see my lawyer.

Background:

Husband was brought here illegally in 1989 (he was 4.) No one filed on his behalf, although his father, uncle and mother (now deceased) and much older half brother successfully filed before 1999. (All are LPR)
He has never left the country, been detained, deported or subject for removal.

He graduated high school in 2005.

In 2006 He pled guilty to an DUI-1st offense; He had a valid Licenses. Punishable Up to 11mths & 29days, he spent the mandatory 48hrs; Dui School & 1 Year Probation. All completed.// He then pled guilty to Domestic Assault Class B Misdemeanor; Incident with a former roommate, Maximum sentence for this crime is 6mths, he was not sentenced nor did he pay a fine. There was no probation.)

We met in 2007. Married in 2012.

We have two children together, Plus he has a daughter born in 2005 that he pays child support on.

Best Case Scenario:

If we file an I-601A and it is approved: What are the chances after we left for El Salvador for his interview, that he could be denied re-entry? I believe the domestic assault falls under a CIMT (or possibly aggravated felony?). But I've also read online that if there was only one CIMT that it can be waived and fall under a petty offense exemption. However, I can't find out if his domestic assault could fall under that. I see domestic violence, but the laws are unclear on everything that I find pertaining to it.