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SRNCR

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  1. Like
    SRNCR reacted to Bajinga in i130 filed Aug 2018, i485 Nov 2018, interview?   
    going by the timeline, you should get scheduled in a few weeks. seems like Minnesota - Minneapolis-St. Paul Field Office is currently scheduling interviews for August 2018.
    https://www.visajourney.com/timeline/aoslist.php?vtype=&op8=Saint+Paul+MN&interview=&xfr=&op1=6&op2=&op3=&op4=1&op5=5%2C6%2C8%2C9%2C10%2C11&cfl=0
  2. Like
    SRNCR got a reaction from Mike E in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Not sure if this was already said, but just wanted to let you know you wont be able to adjust while they've got you in immigration proceedings. The judge will make the decision now, or may send it to USCIS for decision, depending on what they see fit.
  3. Like
    SRNCR reacted to Beddy2015 in Beware bad information on AOS deadline for K1 (fresh out of jail)   
    Wow, what a horrible experience!  So sorry.  The people in the forum you were reading about that said you only have to be married within the 90 days period are not correct. Once the K1 visa expires, you are basically out of status. So you have to file AOS  ASAP so you can adjust your status. 
  4. Like
    SRNCR got a reaction from Going through in Travelling to Canada with AP   
    I will update with what they say tomorrow afternoon. 
  5. Like
    SRNCR got a reaction from Ash.1101 in Travelling to Canada with AP   
    So lucky! Most people are waiting forever now depending on the field office. 
  6. Like
    SRNCR got a reaction from Ash.1101 in Travelling to Canada with AP   
    No that's not correct. For example, I didnt send it (and most people don't) with my packet. The i485 is checked before issuing EAD AND my case is ready to be scheduled for an interview. They just send a courtesy letter reminding you to bring it to the interview. Most of the time AOS takes more than 1 year and if you lodged before the new 2 year rules came into place you'd be in a situation where you'd have to do the medical a second time if you submitted it with the packet. Hopefully you're not in that situation now!
     
     Have to allow at least 10 years from last offense (which will be 2025). Even though offense which MAY cause a problem was 10 years ago they take it off the last offense, even though it's just a misdemeanor it counts. 
  7. Like
    SRNCR reacted to Villanelle in Travelling to Canada with AP   
    I am worried if your attny suggested you could go to Canada (or anywhere else really) and re-enter giving you a valid admission for work visa process. While individuals who receive a grant of parole are granted entry into the United States, they are not provided an immigration status nor are they formally “admitted” into the United States for purposes of immigration law. An admission occurs when an immigration officer allows a noncitizen to enter the United States pursuant to a visa or another entry document, without the limitation of parole. The distinction between an admission and a parole is a significant one under immigration law. 
  8. Like
    SRNCR reacted to Unlockable in ESTA Entry with K1 Visa Marry after 90 days   
    None of what you mentioned in your plan will work. Reason being is from what previous posters have already said. The K1 visa is a one time use visa. Once it is in your passport, the first time you enter the US it will be considered used. So you won't be entering on your ESTA, you will be entering on the K1 visa.
     
    Just so you know, the visa is adhered to one of the front pages of your passport. It is not a stand alone document.
     
    All that aside, I don't see how this is a complicated situation. The K1 visa has a validation of 6 months. Just enter the US at a later date that is within the 90 days. If you have already bought the tickets, then pay the fee to have the tickets changed to a later date.
     
    Did you have your interview and was approved yet?
  9. Like
    SRNCR got a reaction from beloved_dingo in AOS denied because of insufficient income evidence   
    I don't think much has been done to quash your worries here! You can either file a motion to reopen or file again. I would file again, despite it being more expensive. If you file again before the 33 days you won't have to leave. You also wont be put in removal proceedings until after the 33 days at the earliest so dont stress to much. Just act quickly, ask your lawyer for a copy of everything that was filed on your behalf and then fire them. Good luck. 
  10. Like
    SRNCR got a reaction from TheKingmaker in AOS denied because of insufficient income evidence   
    I don't think much has been done to quash your worries here! You can either file a motion to reopen or file again. I would file again, despite it being more expensive. If you file again before the 33 days you won't have to leave. You also wont be put in removal proceedings until after the 33 days at the earliest so dont stress to much. Just act quickly, ask your lawyer for a copy of everything that was filed on your behalf and then fire them. Good luck. 
  11. Like
    SRNCR reacted to LDMM in Adam Walsh Act question   
    I have just finished the whole Adam Walsh Act attempted immigration thing.   I started the process in 2015 and just received the Denial Notice a couple of weeks ago.   Forgive the long story, but if it helps someone else, good.   Please note: I left my husband voluntarily and moved home from the USA in 2017 so it's a bit of a different situation. 
    I was in the USA visiting my husband in 2015 and whilst there, I applied for an AOS.  We had been married for a while. 
    We knew about the Adam Walsh provisions, but due to his circumstances, we thought we had a good chance to be granted a waiver.  I have a minor son who applied with me (14 at the time). 
    So that was in October 2015 we submitted our full application to USCIS for the I130.  I was granted the I485 3 months later and worked pretty much straight away.  My son went to school and we just went on with life.  We got our biometrics done, and then the Adam Walsh notification and biometric letter arrived around February 2016.  My husband did his biometrics and then we heard nothing until about June 2016 when we received our notice of intent to deny, based on the Adam Walsh provisions.   
    So at that time we gathered the police records, as much as we could (some were denied to us, and USCIS had to get them themselves).  We submitted affidavits from me, my son, my husband's family members, professional people in the community, and we saw a psychiatrist for a report.  My husband didn't do any of the usual sex offender testing, though.  We had an immigration attorney throughout all this.   My husband's offence occurred when he was 19, 4 years before the AWA was enacted, and he entered an Alford plea and was granted probation. It was one count of sexual battery, alleged to have occurred during a backyard game. The complainant was a minor so it did result in him being placed on the SOR.  That was his only offence before or after - of that nature (that I knew about).  
    So, June 2016 -  the immigration attorney also submitted a very large legal submission on my husband's case, my situation, the law in relation to, etc etc.. It was very well written. I have a legal background as well so my affidavit was long and thorough, as was my son's.  
    And then nothing.   
    In October 2017 I voluntarily left my husband and brought my son back to Australia.  A long sad story that I will not bore you with.  
    Anyway - via my attorney, I withdrew my petition for a visa,  and did so on behalf of my son as well. My ex husband never got around to withdrawing his i130. And I couldn't do it for him. 
    Ironically, I now work for an American company and have to visit for work - which is awkward due to the whole ESTA/ AOS thing.  I recently applied for and was granted a B1 visa - after a VERY difficult and unpleasant interview at the Consulate - but fair enough - everything he said to me was right.  No problems with that here.  
    Two weeks ago I finally received the Notice of Denial from my immigration attorney from USCIS.  So that means from submission to denial took nearly 4 years.  A timeline for you. 
    They denied the application for the following reasons: 
    1.  The other offences that had happened after my husband's conviction (including one of violence to a family member - he had a DV conviction I wasn't aware of)
    2.  The lack of sex offender testing by the psychiatrist.   (bear in mind, this kind of testing and psyche evaluation runs into over $1000 and I'm kinda glad now I didn't spend it!) 
    3.  The presence of my son - any time a minor is involved there is absolutely risk determined to be present and it's almost impossible to remove it.  I think this alone may have even caused a denial even without the other things -  the wording of the notice is pretty strong about having a minor child in the house. 
    4.  They noted that I had changed my address (obviously didn't connect the withdrawal notices) and pondered that the marriage wasn't valid anymore - it wasn't, hence why I moved back to Australia on my own.   
    5.  My husband has had more convictions since I left -  not AWA ones, but still.  They didn't like this at all.  
     
    So all in all, to succeed at an AWA waiver, I would suggest :  one offence only, significant evidence of rehabilitation, the psyche evaluation including the standardized sex offender testing and reporting, no other offences since the AWA matter, no minor children in the household and outstanding record keeping.  
     
    I wish you luck - and I hope it helps someone else.   All the best.
       
  12. Confused
    SRNCR got a reaction from Crazy Cat in Adam Walsh Act question   
    When it refers to 'B' and 'C' it refers to a separate subsection not the specified offences. Those separate subsections note circumstances where consensual sex with a minor is not an offense under the Act and notes how foreign convictions are treated. That's why they do not have discretion and are bound by the letter of the law. Also the original charges cannot be used because he was not 'convicted' of those crimes which is required. Please be sooo careful when giving out information like this. If I wasnt a lawyer myself you'd have me worried 😬.
     
    In that matter there was no argument that he wasnt more than 4 years older than her so or that it fit under the AWA and that's why they had discretion on the matter. 
  13. Confused
    SRNCR got a reaction from Crazy Cat in Adam Walsh Act question   
    Guys unless you literally are either a lawyer and can give advice or have personally experienced this do you mind if we dont guess anymore on it until I talk to the lawyers? I do appreciate your help though!
  14. Confused
    SRNCR got a reaction from geowrian in Adam Walsh Act question   
    Guys unless you literally are either a lawyer and can give advice or have personally experienced this do you mind if we dont guess anymore on it until I talk to the lawyers? I do appreciate your help though!
  15. Confused
    SRNCR got a reaction from Boiler in Adam Walsh Act question   
    Guys unless you literally are either a lawyer and can give advice or have personally experienced this do you mind if we dont guess anymore on it until I talk to the lawyers? I do appreciate your help though!
  16. Confused
    SRNCR got a reaction from Boiler in Adam Walsh Act question   
    When it refers to 'B' and 'C' it refers to a separate subsection not the specified offences. Those separate subsections note circumstances where consensual sex with a minor is not an offense under the Act and notes how foreign convictions are treated. That's why they do not have discretion and are bound by the letter of the law. Also the original charges cannot be used because he was not 'convicted' of those crimes which is required. Please be sooo careful when giving out information like this. If I wasnt a lawyer myself you'd have me worried 😬.
     
    In that matter there was no argument that he wasnt more than 4 years older than her so or that it fit under the AWA and that's why they had discretion on the matter. 
  17. Confused
    SRNCR got a reaction from gregcrs2 in Adam Walsh Act question   
    When it refers to 'B' and 'C' it refers to a separate subsection not the specified offences. Those separate subsections note circumstances where consensual sex with a minor is not an offense under the Act and notes how foreign convictions are treated. That's why they do not have discretion and are bound by the letter of the law. Also the original charges cannot be used because he was not 'convicted' of those crimes which is required. Please be sooo careful when giving out information like this. If I wasnt a lawyer myself you'd have me worried 😬.
     
    In that matter there was no argument that he wasnt more than 4 years older than her so or that it fit under the AWA and that's why they had discretion on the matter. 
  18. Confused
    SRNCR got a reaction from geowrian in Adam Walsh Act question   
    When it refers to 'B' and 'C' it refers to a separate subsection not the specified offences. Those separate subsections note circumstances where consensual sex with a minor is not an offense under the Act and notes how foreign convictions are treated. That's why they do not have discretion and are bound by the letter of the law. Also the original charges cannot be used because he was not 'convicted' of those crimes which is required. Please be sooo careful when giving out information like this. If I wasnt a lawyer myself you'd have me worried 😬.
     
    In that matter there was no argument that he wasnt more than 4 years older than her so or that it fit under the AWA and that's why they had discretion on the matter. 
  19. Sad
    SRNCR got a reaction from Neonred in Adam Walsh Act question   
    Okay, thank you. 
     
    Yes he does have other non-AWA convictions. None since 2015 though and he has done several programs which demonstrate that he is rehabilitating and he has started a 4 year degree program so I think he can show a clear path of leaving his old life behind and bettering himself. 
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