Hammad Qureshi

On 6/21/2018 at 2:46 PM, CJKylie said:

If you were verified for employment using your green card, then your employer should not reverify your status, as per the I-9 handbook:

 

However, if you started your employment with your expired green card and your extension letter, then they will need to reverify you:

 

In terms of getting an InfoPass appointment, this thread may be useful.  Using browser add-ons you can be alerted when an appointment is available:

 

Thank you so very much!!! it was very very useful!! really appreciate your help.

1 hour ago, CJKylie said:

Are you travelling soon? If not then no problem...you can still get the stamp once the letter has expired

No, no plans of travelling. I just want to make sure my employer does not get confused, i do not want to get fired for not being able to proof my residency status.

1 hour ago, mindthegap said:

Note that your status does not expire, just the proof of it.

Generally they will stamp within the month or so prior to expiry, but there is no (legal) issue obtaining a stamp after expiry of the extension.

 

And yes, 'no available appointments' is completely normal.

Thank you for your response. 

I am only worried because my employer might ask for it, also with the expiry of extension letter my ID and license will also expire. Just to avoid any tension with my employer i want to get it done in time. 

What to do in case there are "no available appointments" or how to convince my employer in case I am unable to get the stamp in time?

1 hour ago, Kastrs said:

The extension letter extends your GC for 1 year from the original expiration date NOT 1 year from the RoC filling date

It seems everyone will eventually get new extension letters for 18 months, so I would wait until 2 weeks before your GC expires before getting the stamp if no letter arrives 

My only concern remains the appointment availability, I was just checking randomly at the moment and it says check tomorrow there are no available appointments. I dont want to run in a situation where I do not get any infopass appointment during the last 2 weeks. :/

My I751 (ROC) is still pending and extension letter is expiring in 6 weeks, what is the best time to go for INFOPASS for I551 stamp? should I go and get the stamp now or is there a time window e.g. USCIS will only stamp if extension letter is expiring in 2 weeks etc.

Please advise!!

Thanks in advance.

23 minutes ago, Damara said:

The most important thing you have to remember is when there is an annulment based in fraud- USCIS will assume fraud and its up to you to prove it wasnt. In some processes the burden is on you, in some its on them. In this case the burden is on you. So you have to take it on as they think you are guilty already and you have to prove you are not.

 

What does your attny say? What kind of strategy do they have? 

 

I can see an attny making a case that its not fraud because she didnt initially file under fraud. Ive seen that argument made before but it was not successful for any of them. Perhaps it will work for you.

 

As for the items you listed I dont see how any of them prove it wasnt fraud. Do you have any proof of financial comingling? Have you written a statement of the relationship for your attny? How it started and evolved and ultimately ended?

 

For abuse- abuse from family members doesnt count. Have you talked with your attny about this? This is something basic that they should know. If they havent said anything about that it may be time to find a new attny who is better versed in immigration matters like this.

 

Who did you file the motion with to vacate the annulment? the local court? Does your attny think it will be successful?

 

what NGO group gave you a letter and why?

 

 

I do not have any financial evidences as we lived only for 4 months together and I could not get a job during that time. 

I went to an NGO to help me with my divorce and immigration case as I was out of money at that time. I then asked them to provide me a letter as a proof that I went to them for the abuse I had to face and to submit those documents in immigration.

I mistyped above, abuse came from both her family and her self, my attny told me that family does not count but abuse mainly came from her as she emotionally abused me in all these times that leave your family and do not speak to your family or you will lose me and this marriage and green card.

I provided my written statements to my attorney, as to how this started and ended. 

Motion is being filed in Civil Supreme Court, attny believes my case is strong and chances are good.

I am so stressed from past 12 months as to what is going to happen and this stress has almost killed me!!!

On 5/25/2018 at 10:58 AM, Damara said:

I dont know how much I can add to this. You shouldve just let the divorce go through based on impotence. That wouldnt have had any immigration consequences. But it is what it is. Now you have an annulment based on fraud. That does have immigration consequences. Your attny should have advised you that an annulment based on fraud means the service center will assume fraud (which is a denial) and you have to prove it wasnt. You also added abuse filing which means you have to prove it wasnt fraud + abuse to get approved. This is going to be very hard if not impossible. What kind of evidence do you have that it wasnt fraud? Did you send it in or are they waiting until its denied to show it in court? What evidence do you have of the abuse?

 

Have you considered or discussed with the attny using the hardship waiver? That doesnt require bonafide marriage proof but it does require an extreme hardship which I dont know if you have or not. 

Thank you so much for your response!

The reason I moved with impotency was she was still seeking an annulment (Do not you think USCIS will consider this in my favor that they changed their petition from impotency to fraud after my potency was proved?).

Also, I have strong evidence that it was not fraud:

1-      Messages after separation (as I was thrown out of their house by herself and her family).

2-      Proposal messages for marriage from her family (as they approached me).

3-      Our wedding ceremony pictures, our reception ceremony pictures.

4-      Honeymoon evidences, we travelled to Malaysia from India (she came to India again after marriage).

5-      We travelled in the USA to different cities.

6-      Marriage certificates.

7-      Messages before marriage and after marriage.

8-      1000s of family photos and videos.

9-  Stayed in a 5 star hotel after wedding for one week.

Evidence of abuse:

1-      They forced me to leave my family, I was verbally abused by her family and her family, mentally abused by her.

2-      Her parents would argue with me and bully me and she would only enjoy watching that.

3-      Messages from her where she acknowledged the abuse and was sorry about that (messages after separation).

4-      Messages to her where I was begging her to be with me after I was kicked out from her house).

5-      Letters from NGO.

6-      Letters from Psychiatrist.

7-      Affidavit from friends and family.

8-      Messages from her clearly stating that “EITHER YOUR MOM & DAD OUR OUR MARRIAGE, CHOICE IS YOURS.”

USCIS have all documents except for affidavits and annulment decree, also we have started a motion to vacate the annulment decree, which we can submit to USCIS after they ask for RFE?

Please advice. Thanks a lot.

Do not worry, I got mine only last week. I filed my ROC I-751 in August 2017.

1 minute ago, fruitnut said:

Oh, you too. I am in FL and they want me to go to CA.

 

Check the ZIP code on your letter. It is probably incorrect, just like the one on mine.

 

Try to call them. As far as I know, Tier 2 will tell you to get it sorted out at your local office. If they accept walk-ins, take your letter and just go there. If they don't, make an appointment. That's what I am doing at the moment.

Ooops! Sorry to hear that you are facing the same problem. 

ZIP code of what? ZIP code mentioned after the address is correct. I will have my lawyer call them, hopefully there is a way out to this problem. :/

I received my biometric appointment today but State is North Dakota and I am based out of Chicago.

What do I do? Appointment date is next week.

Please help.

18 minutes ago, praizee said:

It is not impossible. You have evidence that they first annuled the marriage based on impotency and they later changed it. If you have strong evidence and a good set of lawyers you can win but be ready to pay a ton of money for lawyers. If i were you i'll look for a super lawyer in my area and go with them if its worth the fight but it will cost you some $$$. Also, if the marriage was annuled, then your ex wife had strong evidence to get it annuled instead of divorce. Whats the catch?

Thank you for your message. The reason she was able to get annulment was based lie and false witnesses by her family members. Judge was never convinced,  but she had a lawyer, her family and of course a planning, she even cried OMG. On the other hand i was sitting in the courtroom all by myself, it was in another city where I know nobody, i was stressed, nervous, anxious, weak and lonely. They made the most of it and their planned worked. I have now backed myself, investing on lawyers, gathered all the evidence i have. Time to fight for myself. I wish i had money to afford a lawyer back then.

36 minutes ago, Boiler said:

I have no idea what the outcome will be, I would anticipate this will not be quick, or cheap with legal fees.

 

One major positive is that you are here, always more difficult to remove someone than get the OK to let you in.

I am all for the legal fees, reason being I know I have done nothing wrong and I have been very badly wronged, emotionally and verbally abused, day in and day out which haunts me even today.

Let's see how it goes, i am not worried about it getting done quickly because I do not plan to go home anytime soon, so even 2 years from here I am ok, i applied for ROC back in September 2017 and received my one year extension letter.

Thank you for your inputs.

2 minutes ago, ApplyingforN400 said:

The biggesst important thing for you now is to “set and forget” your fight once you get a good lawyer is going to take YEARS. I suggest you do what you have to do and drop it from your mind or its going to destroy you. 

That's what I have decided, I am glad that I got a good job here and I am surrounded by positive people around me (finally)

Keeping my believe and faith strong, as they say if you have done nothing wrong, everything will work right for you!

Thank you for your precious piece of advice.

2 minutes ago, AL-MJD said:

I cannot provide any better or additional advice than those above me. I just want to say I hope everything settles for you. Virtual hugs.

Really really appreciate it!  Stay blessed.

2 minutes ago, WeGuyGal said:

Could you go back to that well established job in India?  Might come to that when all is said and done. 

There should not be a question mark in here!

3 minutes ago, Boiler said:

Just wondering why you came back, you mentioned that it got to the point that you had to go home.

As everyone in my social circle and family said that you have been wronged, you need to fight for your right. And then of course financial situation, when I was coming here for the first time, i resigned a well established job and could not get it back. 

3 minutes ago, geowrian said:

Not impossible and you would not be the first. However, as stated, there's a lot going against you.

I totally understand that. I guess i need a lot of good luck and prayers!

I request you all to please keep me in your prayers, its been the toughest last 3 years of my life. Specially the marriage part.

12 minutes ago, Going through said:

You are fighting an uphill battle, as they say.

The fact that a previous judge already found you guilty of marriage fraud does not bode well for your chances a second time around.

But not impossible, right? I am trying my level best with lawyers in gathering all the evidences.

20 minutes ago, mindthegap said:

I am not going to sugar coat it. That decision may well have cost you your permanent resident status and you have an uphill battle ahead of you.

IMHO it was utter stupidity to not beg borrow or steal to get the money for a lawyer in such circumstances - it isn't as if you didn't know what what was being alleged against you or the very real potential consequences thereof.

 

An annulment is bad enough for you - an annulment specifically citing green card fraud is really bad for you and a massive hurdle to overcome.

When the I-751 adjudicator sees it isn't a divorce but an annulment, and then sees the reason why....well... expect a date with an immigration judge.

 

The people have to prove that you have circumvented immigration law, or committed fraud - guess what, they have proof beyond a reasonable doubt in the form of the annulment and reasoning by that judge . Getting that judgement vacated as well before fighting it in immigration court? I wish you luck as you are certainly going to need it.

 

The good thing is that your status as lawful permanent resident remains until a final order of removal by an immigration judge (yes, even if you receive a denial letter).

 

 

 

Thank you for a detailed response!

All that evidences that I have won't come any good during the process? 

Anyone here?

7 hours ago, ApplyingforN400 said:

Without mentioning divorce?? What kind of advice is this? Have you ever see a form that didnt have divorce date?

 

Ok, so if USCIS during the interview dont buy the whole abuse thing and reject you, they will have to gather evidence of fraud to show to the judge, this is USUALLY very hard to do, but you have paved the easiest way for the system to get you. Now that a judge has found you guilty of fraud in divorce court, USCIS and immigration judge CAN and WILL use what the other judge found with a lot of weight against you. 

 

But you MIGHT have a way out if I understand that they used the judgment against you because you were in depression, didnt have a lawyer and basically lost by not being there or not providing anything to counter the claim they made.

 

If that is the case, you now have a huge chance to provide all evidence you have to immigration court, maybe even USCIS will be satiafied with them at the interview. 

 

Good luck.  

That was exactly the case, I was in the court all by myself with a lot of anxiety, depression and stress. Even judge told me go and get yourself a lawyer, but I had NO money at all to get one. Also, my ex changed her petition from impotency to fraud once my potency was proved by a medical test asked by her lawyer. 

I have more than many evidences to prove that it was a bona-fide marriage, each and every text message before separation and messages after separation where she herself acknowledged the emotional and verbal abuse. 

I am still in a lot of anxiety and depression with whatever is going on with me. Provided whatever I told is there any chance of getting my I-751 approved?

4 minutes ago, Boiler said:

Your Lawyers have all the details, what do they say?

They have been giving me hopes, but trust me I do not trust lawyers anymore. I also want to have an expert opinion of members of this forum.

Got married to this girl, who came to India. Married me, left for USA, sponsored me and I came to USA, i was emotionally abused by herself and her family since the day I got married. I then left for India, i received divorce documents based on impotency i fought that case and came to USA again and been here eversince as i was not impotent and had my medical tests done,. They then changed their petition to fraud marriage at that time i could not afford a lawyer and they lied in the court and won the case, judgement says marriage is annulled based on green card fraud.

I have now applied for i 751 ROC based on abuse waiver and we have filed for vacating that divorce judgement now that I have a lawyer and everything. I have every proof that marriage was bonafide as we went on honeymoon to Singapore, visit different cities in the USA, have tickets, vouchers, wedding photographs, family photographs etc etc.  i have evidence of all the abuse I had to face with this terrible family. I was even stressed i started seeing psyhciatrists in India and even went to NGO in USA to fight for my case, i am still seeing doctors for my stress and take medicines daily to manage my depression which was a result of abuse I had to face. 

Now that I am settled in the USA and have lawyers with me, i have all the evidences (all the messages I received from my spouse, all the abuse she acknowledged too), i have all the affidavits of friends and family members, evidence of all the abuse (messages, dr reports etc).

Do i keep my hope alive that I can win in immigration or is it impossible? Please help.