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About josue818

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    Junior Member
  • Member # 285633
  • Location Los Angeles, CA, USA

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  1. I am appalled by some of the posts on this thread. Survivors of domestic violence already face disbelief by officers and courts, but also in a forum where they seek help? OP's husband's version of the events is irrelevant here. It is OP's own experience in her situation that truly matters. How often would an abuser really be honest and admit to having abused someone instead of claiming that a victim blew things out of proportion. Emotional and verbal abuse is still domestic violence and threatening someone with deportation is already proof of extreme cruelty under immigration law. Also it is inappropriate to diminish someone else's trauma and abuse based on the level and severity of their abuse. This forum needs to be better than that, people need to be trauma informed when speaking to survivors to avoid retraumatizing, which is what is going on here. Survivors already have a hard time speaking about their experiences for any one of us to question it. It is not anyone's place in this forum to do that. OP some people in here have provided you with domestic violence hotlines, use them they can be valuable. They can also likely provide you with information for shelters in your area. Please be safe and thank you for being brave enough to share your experience with us.
  2. I never said the chances were high, but a chance is a chance no matter how slim. Hence I also said it looks like OP already has an explanation in case an officer was to ask spouse about misrep. Additionally, whether the marriage toook place within 90 days matters because the DOS rule creates a presumption. Which like I said can be overcome. (see below). However, I don't think OP and spouse will be asked about it at the interview because it does not tend to happen. However, no one can say with certainty that it wont happen, because it can. The 90-day rule subjects a nonimmigrant to a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days engages in conduct inconsistent with his or her nonimmigrant status. The Foreign Affairs Manual at 9 FAM 302.9-4(B)(3) enumerates the following examples of inconsistent conduct: working without authorization enrolling in school when academic study is not authorized by one’s nonimmigrant status marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States when one is in B or F status undertaking any other activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment. When someone engages in conduct that triggers the presumption of material misrepresentation, it is that person’s burden to rebut the presumption.
  3. I don't think the attorney was 100% wrong as many have said here. I think the attorney OP spoke to might not have explained the 90 day rule to him thoroughly. Yes as some have explained the 90 day rule is a rule form the DOS and USCIS is not bound to follow it, BUT IT CAN. Just because USCIS is not bound by a rule from another agency it does not mean they cannot follow it. In fact when the 30/60 day rule was in place, USCIS did apply it in many cases and when people appealed the application of the rule to the AAO the AAO dismissed the arguments that USCIS could not apply the rule and said yes it can. What I am trying to say is, on the chance that the issues does come up during your interview you need to be ready to explain why she did not misrep upon entry (which it sounds like you already have a timeline and an explanation as to why it was not misrep).
  4. If you are in the Ninth Circuit your mother may be able to adjust by virtue of having TPS. You should try and get an attorney for this process. There are a lot of non profits that are either free or affordable and can help you with this process if you are in CA. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), the Ninth Circuit held that a grant of Temporary Protected Status (TPS) constitutes an "admission" for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).
  5. Not all IOs read every single question from the form. Some IOs just ask the questions that they think can render you ineligible. You can either raise it as soon as he begins to ask you the questions or if he does not read it when he finishes reading the questions but before he moves on the next section you should say you have an amendment you would like to make. As to travel history, they will more than likely review that with you and you can make any necessary amendments then. But make sure you make any amendments that you have to make before you finish the interview.
  6. Asylum law is very complex. There are ways to apply beyond the one year deadline for asylum. You definitely need to speak to an attorney. Also as someone else correctly pointed out, you can only apply for asylum within the US.
  7. Where you allowed to withdraw your request for admission into the United States or did you receive and expedited removal? I know the IO said you did not have a ban, but I would make sure s/he did not issue and expedited removal because if s/he did, then the embassy will not consider any type of applications for five years. *this is not legal advice only legal information.
  8. Your mother needs to submit an I-130 immediately for your brother. There is a chance that you brother will age out, but if you are willing to take the chance she needs to file immediately. The amount of time that the I-130 is pending for your brother will be added to his age. For example since your bother turn 21 in February 2019 and say USCIS take 5 months to adjudicate his I-130, then your brother will be considered to be under 21 until July 2019 even though he is past 21. *This is not legal advice only information.
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