Deedee0613

Per OP, new wife helped daughters file AOS in 2015. In 2016, they had AOS interviews and were in "administrative processing" until March 19, 2020 (date of denial). During that time they remained eligible for C9 EAD.

After my first post, I think there may be a possible solution.  Please check this out with a few qualified immigration lawyers.

Since USC stepmom married dad before their 18th birthdays, she was able to file the I-130 for them.  Under CSPA, their ages would be locked in when she filed as it would have been Immediate Relative cases.  They may be considered the children of a USC which may qualify them for provisional unlawful presence waivers.  This may allow them to interview for immigrant visas abroad.  Don't know how the deportation would play into this.  Check into this with some experienced immigration lawyers.  

Note that at time they were only closed to routine in-person services. They were were still accepting and processing forms.
 
Also, deportations continued throughout COVID: https://www.ice.gov/coronavirus
That outcome should have been expected because Matter of Song is very clear: http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from
Filing AOS was the wrong path. Filing I-130 was correct, but should have filled-in: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" fields. They would also need I-601A waivers: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers
 
@geowrian, since the new wife filed I-130 petitions before they aged out, are they still eligible for IR-2 path?

More precisely, it doesn't meet the requirements for VAWA. Something can be abuse but not meet those requirements still.
 
And more specifically, VAWA requires both that they actually married (it's not clear if they did or didn't here...) and they are either still married or the I-360 is filed within 2 years of the divorce being finalized. So that has long passed. VAWA is not a viable option now even if they did previously meet the abuse requirements.

Thank you mama!

Others have said it but would add if there was some other fraud, what happens, you file an I 601 and any reasonably well prepared I 601 will pass so just a delay in getting your GC and a bit more in fees.
 
I assume the CO's know this so whats the point if you are otherwise eligible, sure there are some things that can not just be ignored.

They sure can. But they cannot consider preconceived intent as the basis for fraud or a denial of an AOS application.
For instance, if the officer asked "Are you married?" and the OP lied about it, and that lie was deemed to be a material misrepresentation, then it could be used against her.
If the officer asked "Do you intend to stay in the US / AOS" and the OP said "No", they cannot go back and determine that she intended otherwise and use that as a basis for denial.

I am not referring to a "change" nor "for the record" am I referring to whatever you are talking about above. 
 
I am referring to the current rules applied for adjudicating AOS petitions filed when a non-immigrant enters the US on a non-immigrant visa and adjusts status too soon.
 
Some info, from immigration law sites - there is a lot of info on this out there:
 
https://www.avvo.com/legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent
 
http://www.richardskruger.com/what-is-the-3060-day-rule-under-immigration/
 
This is the best one:
 
http://www.hummelaw.com/Blog/2014/January/The-30-60-Day-Rule.aspx
 
I believe that filing within 30 days of entry is extremely risky, 30-60 may invite a presumption, but filing after 60 days probably does not incur much risk.  The advice to "file as soon as possible" I believe was bad advice which was the basis for my comment on the thread.  Based on what the legal experts say it is better to wait before you adjust.
 
 

Good advice has already been given.
 
The only thing they have to worry about is her time here until she receives green card. As mentioned, she won’t be able to work or go back to her country until then, which could be a few months. May not even be able to get a driver’s license.
 
It is like virtual oblivion.

Your brother's wife is good and fine to adjust status in the U.S. Once her application gets received, she'll be on authorized stay until the application is adjudicated by USCIS several months down the road. She'll be able to get an employment authorization document (EAD) within 60 to 90 days, and can also get Advance Parole Document (AP) to temporarily leave the U.S. while her adjustment of status is pending if she decides to apply as well for one. She must not leave the U.S. under any circumstance prior to getting her AP or he adjustment of status application will be deemed abandoned, and she'll need an immigrant visa to be able to return to the U.S. 

First and foremost I want to thank once again VJ for always being a HUGE help during this process!! Interview was yesterday and I couldn't be any happier!!!
Despite the issue that is going on with the Visas being printed, I am super happy that we were approved!!
Review is up, so feel free to look at it and use the information to your benefit!!
It is pretty long so be prepared lol
Any questions please do not hesitate to ask

Being educated, you know it's not biologically possible. Most cultures have "explanations" about sudden pregnancy out of wedlock. Believing something does not make it real.

Tbqh, if he is upset that you don't believe this insane lie then... well he could lie to you about a lot worse.


NORMALLY, the longest between sex and implantation is a couple of weeks. Sperm can, depending on some studies, live in the woman anywhere from a week to 9 or 10 days, so at any point there if she ovulated she could end up becoming pregnant without having sex within those last 9-10 days.


But seriously though, If I was with a guy who thought I was stupid enough that his sperm could live in this woman for a year, with bathing, periods and expulsion of the uterine lining. I'd leave him.


There are some things that are red flags for how someone will treat another in a relationship. This is def one of them.


Edit: Biology isn't a cultural or a regional thing. Her body works the same as yours, his sperm works the same as most normal men in the world. Being Haitian should have absolutely no effect on sperm living inside a woman for over a year. If this guy were from any other country or a country that is more educated per se, would you believe it?

That said, I'm pretty sure even third world cultures know how creating a baby works. Yeah they may think a baby is an incarnation of god, but most people, even under educated or third world country people who have strict religious beliefs generally know how conception works, we've been doing it for quite a long time!


Edit edit: At the same time though I would honestly have a hard time being able to be with someone who believed they could get impregnanted by a man 2 and a half years after the deed is done. What other belief's could they have that is generally considered wrong on all ends of the spectrums.