Amanda24

7 hours ago, Going through said:

USCIS will not give you any information on his asylum petition, for privacy reasons, because it is his petition not yours.

If he wishes to withdraw his asylum petition, he needs to send the asylum office where his case is a written notice.

Keep in mind that withdrawing an asylum petition is not a defense to a finding of a frivolous petition, if USCIS determines it to be.

I am guessing that he can call the US embassy in Caracas to withdraw it? He just told me today that his visa has now been canceled. I have nooooo idea how his lawyer is so ignorant to all of this. 

Just now, Boiler said:

Still do not understand how he is going to get on a plane to the US, with what document?

His lawyer literally said that she has “had clients who applied for asylum before then withdrew and went back to their country and they were able to come back on that same visa” or that “he can bring his medical documents showing he returned to see his doctor and then come back under his active asylum case.” I think it’s all BS what she’s telling me. I need to call USCIS I guess and make sure that his case is closed out before they file an order for removal in abstentia. Or he has to call the US embassy in Venezuela to do that. Either way I don’t trust her with his case anymore after all I’ve heard 

5 minutes ago, Boiler said:

Now I have seen some weird things, but the idea he would be allowed to board a plane to the US boggles belief.

 

If he tries let us know how it goes.

 

 

At this point I’m sure that won’t be happening. The only reason why I thought it was possible is because his “attorney” said that he could and that they would either 1) just question him at the airport and then let him go or 2) send him to a detention center where I could post bond and get him out. Which I would have done right away if that was the case so he wouldn’t stay there. Clearly she is totally incorrect based on what everyone else is telling me and that it would either waste his time or get him into some deep ####### where he would go to a federal prison. And I DONT want that happening. I’m honestly super pissed that his attorney is telling me this. I don’t even know if I can trust her to close out his case and properly notify USCIS because they have delayed his process SO much. I don’t want them deporting him in abstentia because he doesn’t show up for his meeting when it should have been closed out completely 

2 hours ago, Going through said:

K1 and CR-1 both have their pros and cons.  Neither one guarantees an approval, if that's what you're trying to figure out.  When deciding between the K1 and CR-1 you have to research both and figure out which one best suits your needs, personal circumstances and immigration history at the time.  

 

Given his history, the CR-1 is probably the better option for you.

I kind of figured CR-1 would be the safer option and we could marry in Aruba since it doesn’t require a visa for eith t one of us and there aren’t as many requirements as some other countries. I was looking into the Bahamas as well since the flights there are inexpensive and they also don’t have many requirements/needed documents. However, the issue with the Bahamas is that I haven’t been able to find any direct flights from Venezuela. They ALL stop in Miami or Ft Lauderdale, in which case he would still need a visa even if it’s just to connect to another flight. So it looks like it will have to be Aruba, which is very close to him. 

2 hours ago, Going through said:

Highly unlikely he will be pardoned in based on his history.

 

And even IF he was able to get across (extremely low chance)....marrying him right away is certainly going to raise a HUGE red flag since the IO will presume you just married him so he could gain immigration benefits. 

 

Again, this is why people in this thread are repeatedly advising you to do a K1 or CR-1...it's really your only option at this point if you wish to live with him legally in the US.

Is the CR-1 more secure because you’re already married legally? And because the CR-1 is an immigrant visa and the K1 is nonimmigrant? Or does it not really make a difference? We have everything needed to prove our relationship from day 1. Proving it is not the problem for us. It’s the past history of his asylum case being abandoned and him returning to his country. 

21 minutes ago, Jojo92122 said:

No one thinks this is a big joke.  People's lives are at stake.  We are trying to help you.

 

It's good that you are seeking the advice of another attorney. 

 

The big question is why you are relying on the advice of an attorney from a place that you stated gives out bad immigration advice.  This doesn't make sense.

When he first came here, he was referred by his friend to a church in Miami called One Holy Apostolic and Catholic Church (something to that affect) in Miami. I did not know him at this time because he filed for asylum pretty much directly after his arrival here. Had I known him before, I would have referred him to my family’s immigration attorney, as my mom and her family are from Cuba and came here in the late 60s and used a good attorney for their citizenship process. Totally different scenario, but it would have been a thousand times better for him to use a REAL attorney. Apparently there is an article in Spanish about how that church acts as a sort of “law firm” and has unqualified people working as attorneys and they get around it by saying it is a “charity.” I went with him to one of the appointments with his attorney and I liked her at first, as she seemed very helpful. But after reading that article about how it’s pretty much a huge scam, and the church administrator losing his form that he needed to get his drivers license and then making him pay them to have it sent via mail, and then it never arriving. It became a complete mess and it delayed his process so much that he gave up because he should have received his work permit MONTHS ago if they hadn’t lost all of his paperwork. He had to move 3 1/2 hours from me to stay with a distant family member to try to get back on his feet again, but things only got worse and he returned home. Now it’s turned into even more of a mess. I will definitely seek out another attorney for the K1 or CR1 process because this is awful. 

1 minute ago, Lemonslice said:

It was a rhetorical question... as I am having trouble believing she has so little judgment/empathy. 

 

Who in their right mind would deliberately send their loved one to a detention center and think it's a reasonable plan? 

To both of you...I am CLEARLY on this forum because I do not know how immigration works. If I knew everything about immigration I WOULD NOT BE ON HERE.  I heard that he can return on his visa DIRECTLY FROM HIS ATTORNEY.  I AM NOT OPPOSED TO THE K1 OR CR1 VISA WHATSOEVER IF THAT IS THE SAFEST WAY OF HIM BEING ABLE TO RETURN. HIS ATTORNEY TOLD ME SEVERAL TIMES THAT HE CAN RETURN AND SHOW PAPERWORK EXPLAINING WHY HE LEFT AND CAN RETURN ON HIS TOURIST VISA. She said if he is detained, I will be able to post bond and get him out. NOT ONCE DID SHE MENTION FEDERAL PRISON, ETC OR DEPORTATION. She made it sound like it wouldn’t be a problem. I am in the process of making an appt to consult with a new attorney as I told him before that the one he had was no good. I appreciate you guys thinking this is a big joke. But so am trying to get him back into the US as safely as possible. 

32 minutes ago, Lemonslice said:

You can't be serious? 

Well then clearly I received inaccurate information from his attorney

7 minutes ago, Jojo92122 said:

You have been given lots of good advice, and you seem to be ignoring it.

 

The visitor visa is void because he overstayed his I-94.

 

The asylum case is over since he returned home after saying he had a legitimate fear of returning.  This may even be deemed frivolous since he did return home.

 

He will not be permitted back.  If he can get on a plane, he will be refused entry based on 1) a voided visitor visa, 2) previous overstay, and 3) a prior asylum case.  He will be sent back at his expense.  If he does not withdraw his entry request, he will be put into detention.  Right now, people in immigration custody are being sent to federal prison and then deported.  You need to get over this fantasy that he will be let in.  He will not be let in based on his immigration history.

 

The CR-1 is your only real hope.  Be prepared to deal with a waiver because of his abandoned asylum case.  Nothing in immigration is guaranteed, so accept that as part of the process.  

 

File for the K1 or go marry him and file for the CR-1.  Him coming to you in the US so you can file AOS for him is not going to happen.

I am not ignoring anybody. Quite frankly, I am confused because his attorney is telling me that he is able to come back to complete his asylum case. It’s not a “fantasy,” that I just created in my mind. This was told to me BY HIS ATTORNEY several different times. I am being having all different and conflicting information provided to me and nothing is making sense whatsoever. 

52 minutes ago, Going through said:

With the previous asylum case showing immigrant intent, added in with him voluntarily returning the country he sought asylum from, coupled with the overstay, and now the illegal employment he's pretty much shot himself in the foot in hopes of crossing the border on a tourist visa/getting the asylum case approved if it remained open.

 

With the K-1 or CR-1, it begins to give him a step towards having a legal basis/status on which to enter the country with....right now he has none. An approved K-1/CR-1 is a bit tricky in your situation as he will have extra scrutiny given the recent asylum petition (it may appear that he is just trying to get into the US by any means), but not impossible to obtain.

 

Another alternative is the possibility of the two of you moving to a third country altogether.

I know the asylum case is completely compromised at this point. There is likely zero chance of him winning that. What I’m wondering is if he is permitted back in saying he is still claiming asylum, or even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US? That is the main thing I need to figure out. That would probably be the easiest thing at this point. The fiancé visa and CR-1 visa are going to need waivers etc and all of the fees, and it’s not guaranteed. Not really sure what to do. 

6 minutes ago, jan22 said:

Your ability to execute something under a FL law will likely have little effect on a federal process, sorry.  If you get over the asylee returning to the country he feared returning to, you have more than just the medical exam to get past, in terms of his medical issues, in getting an immigrant visa.  You will also have to prove that his medical condition will not make him a public charge (above and beyond what is required for the Affidavit of Support).  The consular officer will look at all facets of the issue.  For example, you said he was compliant with his treatment and his parents could send his medication to him (which is likely a violation of US law, if it requires a prescription in the US) -- but yet he also had to make an emergency trip home to deal with all of it, most likely at the expense of his claim to asylum.  As you indicate, similar care in the US will be expensive.  Plus, the officer may believe it will effect his employability, especially since you indicated that, due to his condition, he cannot think correctly, shuts down, and becomes uncommunicative.  I'm not trying to be cruel -- just trying to show how it might look to an outsider (the visa officer), who has to look at all aspects of the case in accordance with US law.

This is what I am concerned with. He was working all day long before. From 5 AM until 6 PM, then would come home and go do side jobs at restaurants until late at night. He can work just fine, but there’s nothing on the books obviously because it wasn’t legal and that would be bad for him to say he worked here anyway. I have health insurance through my job here, so he would have that, or if he works at a place that provides health insurance for full time employees, he could use that. He has no problem going to work whatsoever. I really don’t know what else to do to bring him back. If I marry him in another country, there is still no guarantee he can come here which is scary. 

14 minutes ago, Lemonslice said:

He might want to ask his psychiatrist for a summary of his file as he'll have to explain his condition during the medical exam. 

Yes! Thank you. I believe I mentioned this in a prior post. I already told him to have his doctor write out on letter head and signed stating his diagnosis, that the disorder does not cause him to have any violent behavior to himself or others, that he is compliant with his treatment and that he has a good prognosis. I am hoping that due to the fact that I can issue Baker Acts in my line of work can also help during his interview, as I have never seen him exhibit any sort of behavior like that. I am hoping that will suffice when he has his medical exam

14 minutes ago, Umka36 said:

It's too late now, but couldn't you have assisted your fiancé financial in regards to his medical care?

He did not tell me that was the reason for him leaving. He simply stated that he has lost everything here and needs to return home. The plane ticket was already purchased by his family by the time he told me. Trust me I tried EVERYTHING to make him stay. However, nothing could change his mind. This is mostly due to his condition in which he can not think correctly and will shut down and not communicate. I could not get him to talk for the week prior to him leaving. It became such an issue that his mom had to fly in to help him. I did not even know what he was going through until she called me when she arrived. 

2 minutes ago, missileman said:

Why can't he now just live in his country?

He did not want to return permanently. Only to receive his medical care from his Doctor. He wanted to continue with our relationship and marry, but returned home. Him continuing to live in Venezuela is out of the question. If we both were okay with him moving back home to Venezuela and ending our relationship, I would not be on this forum. 

7 minutes ago, Umka36 said:

Cost?

Precisely. Cost. That is why. He had only about $40 left when he left. His family had to pay for the flight which only cost around $130. You can’t get any medical care from a psychiatrist in the US without insurance for $130. He simply couldn’t afford it and was in a bad state. He had to return home to see his Dr. he is still awaiting his appt. When he gets the paperwork from his doctor, we are wondering if he can return with that to continue his asylum case. We would like to get married in the US to make things easier and a lot less expensive on both of us. But if he can’t return, then we will opt for the K1 or CR1. 

8 minutes ago, missileman said:

Yes....exactly.......who would return to a country from which he fled in order to obtain medical care when The US has some of the best medical care in the world..

That could be argued....

He had no money whatsoever.  No health insurance. No doctor established here. His family had to pay for his flight back home which was only about $130. Knowing the cost of medical care here, he would not have been able to get the care he needs. He is established with his doctor back home for many years. 

33 minutes ago, Boiler said:

waiverable

How can they prove that he factually misrepresented himself? He has all of the evidence needed. Just based on the fact that he returned to Venezuela, that would mean it was fraudulent?

46 minutes ago, Boiler said:

Look at it logically, you think that some who last time they were admitted as a tourist claimed asylum is going to be admitted again?

If he closes his case out, then no. But his case is still active. If he returns with the medical paperwork from his doctor stating that was the reason for his return, they can from that point detain him and send him to an immigration detention center. That is what I am trying to figure out. 

43 minutes ago, Going through said:

His prior claim of being in fear of returning to his country (hence why he sought asylum) is now a moot point since he did return....which is why USCIS may later determine he filed a frivolous petition for asylum.

 

On what legal basis would he enter?  All he has is a tourist visa that he previously overstayed on and previously claimed asylum (and most likely they will not admit him with that overstay plus prior immigrant intent shown).

 

He has his asylum case still open at this time. Because he is still an asylum applicant with an active case, I believe they will still allow him to re enter, but will place him in a detention center. That is what I am trying to figure out. 

3 hours ago, Boiler said:

Sounds like he overstayed so the B issue is moot and with a past asylum claim hardly likely to have been let in anyway.

 

To claim asylum you have to be in the US anyway and he isn't.

 

Certainly possible that the claim if found fraudulent could have an impact of US immigration.

 

CR1 sounds the best bet with his history and needs.

 

 

I have read on several sites that when you apply for asylum, that stops your overstay. He applied for asylum prior to his stay expiring. I don’t know if that is then voided if he returns to his country. I’m wondering if he keeps his case open and returns to the US with his medical paperwork in hand stating that was the reason he went, will they permit him back in, detain him at an immigration detention center, etc. I’m not sure if he will be admissible for a CR1 if they say his claim was frivolous 

4 hours ago, Going through said:

Perhaps you can move to live in Venezuela or a third country with him?

Given the fact that the state of that country is terrible right now, that’s not being considered. He wants to come back here to be with me and start his life here. It is really bad over there. 

20 minutes ago, Lemonslice said:

If he needs regular medical care, CR1 might be a better option since you'll probably be able to add him to your insurance as soon as you're married. 

He has a doctor in Venezuela that he sees. His family is able to obtain the medication and send it here. I am just apprehensive about the CR-1 because if we marry in another country, let’s say Aruba or Colombia, that’s fine. But I’m afraid that they will still deny the CR-1 visa and then I’m married to him and he can’t even enter the country. 

5 hours ago, missileman said:

Interesting question about a similar case here: https://www.avvo.com/legal-answers/can-an-asylum-case-be--deemed-frivolous-if-withdra-2029776.html

 

One attorney answered: " Yes, the fact that you returned to your home country contradicts the fact that you claimed in your asylum application that you feared to return. The government could consider that fraudulent. Such a finding could be a complete bar to any immigration benefits in the future. "

This just made me really feel sick  I really hope this doesn’t bar him from returning. Perhaps it’s best that his case remains open :/ I don’t know what to do!

5 hours ago, Illiria said:

Can USCIS still make a decision of frivolous asylum application if the application is closed? 

 

If the above is yes what would be the conditions under which it would be deemed frivolous? Would someone simply returning to the country count?

That’s what I don’t know. I don’t know if it would be best for him to 1) keep his case open and return here ASAP with his medical paperwork in hand explaining that was the reason he went back, but returned to the US as soon as he could. There is a possibility he could then be sent to an immigration detention center to await his asylum hearing by the judge, which will most likely NOT be approved at this point because he returned. However, I don’t know if I could post bond to get him out while his case is pending and then we could just avoid all of this K1/CR-1 visa mess and marry here and have all of our paperwork here and start living together. It would just be a change of status for him. Or......have him close his case out and then I apply for the K1 or CR-1 if I travel to marry him. I’m going to try and speak with a lawyer this week because this is SO confusing. 

5 hours ago, missileman said:

I agree with those who have stated that his chances of getting inside the US by any means other than a K-1 or CR-1 are extremely slim.  When a visitor over stays a visa, it is automatically voided.   There is no notification until the person attempts to travel back to the US.  I also think any chance for asylum is gone since he returned to his country.  I think you should focus on K-1 or CR-1.

Good Luck...

Could he call the US embassy in Caracas to find out what the status of his visa is? I read that when you apply for asylum, that stops any illegal overstay from accruing, and he filed for asylum long before his 6 month stay expired. So it didn’t ever accrue. However, since he returned to Venezuela, I don’t know if that negates that.