Hana1220

2 hours ago, millefleur said:

So, the question is, can you apply for ROC but then go to Canada for 3-4 months while it is pending? Where are you right now in the ROC process, have you filed already and received the extension letter? We need more info. 

 

UI has no effect on ROC or any other immigration situation as it is not a "means tested" benefit.

 My question is if I could apply for unemployment insurance and enroll in an online training course and while taking my online course, I could go to Canada for three to four months. My conditional GC will expire in late feb 2021, so there is still time to apply for removal of condition.  Thank you 

Hi, I have been working with reduced hours at a seasonal job. Just got news about my last day at work due to Covid-19 and its impact on the budget of the company. My last day will be in two weeks.  I know that I asked this question before but now that it's actually happening, I am panic if there will be any possible impact on removing of condition on my GC sure to applying for unemployment insurance.  I know that one condition of going on unemployment insurance would be actively looking for a job and meeting up at social security office to report on job searching . However,  these days due to the city's locked down,  those are not practical possibilities. I might be able to take an online training or applying for home based jobs but those, I believe,  would be the extend of the effort during this time and since all these would only be possible on the internet, do I have to stay in US or I could take a trip to Canada to stay with my kids in this crisis and be a support to them while taking a trading online and ect online, perhaps for the next three to four months? 

Any feedback and thoughts would be greatly appreciated.  🙏🙏

2 hours ago, Hana1220 said:

Hi, I have a conditional greencard through spouse sponsorship and will have to apply in February 2021 for removal of condition. 

 

1.

I realized that the Covid-19 pendamic is not sth that will go away anytime soon and I need to know if travel to Canada ( reasons: my kids are still there and I feel that more than ever, they need my support in this difficult time..plus, have a family rental house that need some attention and maintenance, taking care of some tenancy issues.. etc...) could create problem for me when coming back in a say, 3-4 months. I may be asked to be self-quarantined for two weeks at my arrival in Canadain airport as well as in my return at the US airport. That wouldn't be an issue. Do I need to have concern forcmyvretirn back in US now that the Canada- US boarder is closed? 

 

2.

I am not sure my Iranian origin could create any possible problem for my return back in US if it will still be during the pendamic in a 3-4 months period? We had a lot of Iranian green card holder cases that were not allowed back in US in January 2020 when the pendamic had just started. Do I need to be concerned about that? 

 

Any feedback would be quite appreciated.  🙏🙏🙁

Thank you! 

Hi, I have a conditional greencard through spouse sponsorship and will have to apply in February 2021 for removal of condition. 

1.

I realized that the Covid-19 pendamic is not sth that will go away anytime soon and I need to know if travel to Canada ( reasons: my kids are still there and I feel that more than ever, they need my support in this difficult time..plus, have a family rental house that need some attention and maintenance, taking care of some tenancy issues.. etc...) could create problem for me when coming back in a say, 3-4 months. I may be asked to be self-quarantined for two weeks at my arrival in Canadain airport as well as in my return at the US airport. That wouldn't be an issue. Do I need to have concern forcmyvretirn back in US now that the Canada- US boarder is closed? 

2.

I am not sure my Iranian origin could create any possible problem for my return back in US if it will still be during the pendamic in a 3-4 months period? We had a lot of Iranian green card holder cases that were not allowed back in US in January 2020 when the pendamic had just started. Do I need to be concerned about that? 

Any feedback would be quite appreciated.  🙏🙏🙁

40 minutes ago, geowrian said:

So yes, UC (or UI/SUI) not UE.

No issue here. Use it if you're qualified under your state's program.

Thank you🙏

1 hour ago, geowrian said:

1) Public charge is not an issue for ROC.

2) By UE do you mean Unemployment Compensation (UC)? I'm not sure what UE is.

UC is not a public charge issue. It's a system you and/or your employer pays into and you earn benefits from.

Thanks for the reply. I meant unemployment insurance since Covid-19 has affected my working hours and wasntvsure by applying for unemploymentinsurance,  I would be consideredpublic charge. 🙁

Hi. I have a conditional green card through spouse sponsorship and will be two years in Feb 2021. I will have to apply for removal of condition by then. I was wondering if I would be considered public charge in case I apply for UE due to Covid-19? Thank you

On 10/15/2019 at 10:01 PM, Villanelle said:

Also did you send the address change yet? If not I would MAIL a paper one (notarized) to VSC just to be sure it is processed. For VAWA cases thats the only way to change your address. Im not sure if it also applies to ROC abuse waivers but I assume it probably does because abuse waivers are processed at VSC and there are additional privacy measures that apply to ensure the confidentiality of abuse cases. 

Thanks for the reply. May I ask the difference between ROC abuse waver and VAWA abuse waver? My impression so far has been that I will be doing VAWA I -751 abuse waver. 

10 minutes ago, geowrian said:

The public charge rule change was actually put on hold by a judge today. But even then, it didn't actually impact you - you already have a green card. The rule impacts those seeking a green card (or those who plan to be sponsors for somebody seeking a green card). The officer likely wasn't up to date on the rule...it's caused a lot of confusion.

I'm unsure why he asked if you were still married, but the answer didn't matter so long as you haven't been abroad for an excessive amount of time that he would question if you actually live in the US or not.

 

Yes, always be honest with CBP...you can get yourself in major trouble if you make a misrepresentation to an immigration official. They take that very seriously, and can record responses that can come up when you try to obtain another benefit and somebody reviews your case.

Thank you much. On my last visit to canada, I was there for couple of weeks only. That's why I didn't understand why he asked about my marital status. This time, I will stay for about a month and a half to take care of some unfinished business. I hope that wouldn't be considered excessive amount of time staying abroad. I will tell them the truth about my marital status if aid get this question again at the boarder but I hope my honest answer will not create confusion. 

On 10/7/2019 at 9:45 PM, geowrian said:

First, there is no VAWA with an I-751. There is an abuse waiver option.

 

1) Use of a lawyer is a personal decision. Having one doesn't make a stronger case, but they can help present evidence you already have.

 

2) No. You can file with an abuse waiver anytime.

 

3) Nothing the lawyer can do there...whether you file it directly or though an attorney, you would need to stay on top of the case. That said, so long as the filing is accepted, it's just a very long waiting game.

 

4) The lawyer can be anywhere. This is a federal matter, not state one.

 

5) Public charge is not an issue for ROC. I'm unsure on use of those benefits here...I know it's not an issue for VAWA but - again - this is not VAWA. I will defer to others.

 

6) No VAWA again. You are an LPR and remain so until you abandon status or an immigration judge revokes status. That allows you to leave and re-enter the US just as you did before. Your relationship with your petitioner has no bearing on entry.

 

That said, keep in mind an abuse waiver requires showing both that the marriage was entered into in good faith ("bona fide marriage") AND abuse. I don't know your specifics. Sometimes it is better to just do a divorce waiver, which is easier to prove (a divorce decree is all you would need + evidence of a bona fide marriage). The abuse waiver piece comes into play to help secure your file from disclosure and so that the case is reviewed by individuals who are more equipped to deal with the issues of obtaining evidence of a bona fide marriage when there is abuse.

I'm not saying which is better...just relaying the requirements of each option so you are aware.

Thank you so much. Appreciate it. Regarding No. 6, I recall on my return to US from visiting Canada about three months ago, the boarder officer asked me if I was still married to my husband and how I financially support myself. I didn't understand why he asked about my marital status while he saw my valid conditional greencard.  And also his second question was strange too. I should add that my return to US was right after the big news about public charge and its affect on the immigrants with conditional residency.  After I left the abuser and filed for divorce, I moved to a different state.  I am planning to visit Canada and I will have to cross the border and enter US through a different state. Would that be a problem since they might ask about martial status and I should tell them the truth?  🙏🙄🥀

Hi, i have some important questions regarding the VAWA I 751 application. Grateful for your input. 

1. If I have all the documents and proofs ready regarding bon fait marriage and domestic violence as well as my declaration which explains in detail everything that happened in my marriage (have already got them checked out by a legal advocate), would I still need to have a lawyer to file for removal of condition on my GC? Would it be more acceptable and legit to the eye of USCIS if a lawyer represent me? 

2. Do I have to wait until I reach the 90 days time window in order to file? 

3. Since most non profit organizations are packed up with tones of immigration cases and wouldn't start my filing before the 90 days window (which will be in 13 months), can I file it myself so that at least, the process gets started without any delay and then after sometimes,  I ask a lawyer to take over my case and represent me to make sure it will move ahead smoothly? 

4. I had to change my state 3 weeks ago since the abuser had found the confidential DV shelter that I was at and it wasn't safe anymore to stay in that state. Does my immigration file have to be represented by a lawyer in the new state or I can still get help from a lawyer in the previous state that I was considered resident for a few year? 

5. Can I use government services such as food stamp or housing now that I left home and filed for divorce and stayed at a domestic violence center in a different state? Would I be considered public Charge if I do and could it japordize my immigration status? My husband has closed our joint bank accounts and has left me with no financial support. 

6. While waiting for my divorce and looking for a lawyer to help me with removing the condition on my GC under VAWA, can I cross the boarder and go to Canada for visit? Note that now, I have to cross the boarder from a different state than the original state. Would that create a problem at the border if they now that I no longer live with my husband and have filed for divorce and have changed my state and am looking into applying under VAWA? 

Any input would be appreciated. 🥀🥀

Hello,

1. Could someone please give an idea or sample affidavit format that my witnesses of abuse could use to prepare their own affidavit? 

2. How many affidavit is needed? 

Also, would conversations recorded on a hidden voice recording device be considered as one valid proof for extreme cruelty for WAVA application? 

Thanks for your insights.

Clarification about point one on my most: yes. I do want to make US my home. Just recieved my conditional GC in February 2019. I figured divorce could take up to a year. Still teting to ger as much information as possible before starting the divorce process. 

I just want to know if I have to stay in US all the time during the divorce process or I can spend some times in home country and also to see if I can change state in US from where I am located now during the process  within the two year and If I do, will the new state's rules will apply to my divorce and filing for I-751? Also I am not quite familiar with concept of ROC or LPRS, ...Etc. where can u get some info about all these terminologies. Feeling lost. 🥀🙏

Hi. I would appreciate if I could receive your kind response to my following questions: 

1. If divorce process starts within the two years of conditional GC, would it matter to USCIS to leave US until divorce is completed and once it's done, the immigrant comes back to US  in order to apply for I-751 petition within the last 90 days of the end of the two year term? Do I need to stay in the country for the entire two years and going through the process of divorce and etc or I can leave to my home country (canada) during that period and come back only for applying g for I-751 petition? 

2. Is it the case that if I-751 was jointly filed, the immigrant will be eligible to apply for citizenship after 3 years while if the petition was solely filed and divorce happened, the immigrant could only apply for citizenship status after 5 years? Does divorce within the two year conditional GC, prolonged applying for citizenship for another two years? 

Looking forward to have your response. 

Thanks much 

🙏

Hi folks, do you know a divorce lawyer in Philadelphia who also knows and practices immigration law? Thank you 🙏

Also, anyone knows a lawyer for referral program with discounted legal rates at Delaware County Bar Association? Do I have to pick a lawyer within my county? Appreciate any thought on this. 

Thank you

🙏🙏🥀🥀

On 2/21/2019 at 11:38 AM, mindthegap said:

With a divorce waiver you can file at any time - you do not have to wait until the 90 day window.

 

No.

"(2)     Good Faith, Not at Fault     .            

Despite the best intentions, marriages do not always work out, and sometimes even bona fide marriages fall apart in less than 2 years. IMFA was not meant to be a tool to be used against unlucky or unlikely marriages; it was meant to be a tool against fraud. Accordingly, IMFA provides for a waiver if the alien can establish that he or she entered the marriage in good faith and he or she was not at fault in failing to meet the IMFA requirements. Things to consider when adjudicating this type of waiver include :            

 

Weight is not given to who filed the divorce. (Initially, the statute required that the alien had to be the moving party in the proceedings to terminate the marriage (i.e., that the alien had terminated the marriage for “good cause”). This occasionally resulted in what became known as “the race to the courthouse.” Since the issue was meant to center on whether the alien had good faith when immigrating, not on whose attorney could file for divorce faster, this requirement was dropped.)        

It does not matter if the conditional resident’s spouse entered the marriage in good faith, only the intent of the conditional resident him or herself is relevant. Interviewing the conditional resident’s former spouse (either in response to a call-in letter, a field examination or a referral to Investigations) may provide relevant and valuable information on the alien’s intent, or it may only result in a spiteful diatribe. Adjudicators should always be aware of the source and motivation of information provi ded. Also, when interviewing a former spouse, always be extremely careful not to divulge any information (such as the alien’s current location) which could result in the alien being subjected to abuse or battering.  "

Let's say the divorce is completed within the two years before the 90 days window. For filing for I-751 removal of condition on greencard alone, what are the supporting info/proof that the immigrant needs to provide USCIS? There really can't be more evidence (for proving the marriage was real to start with) collected than what were already provided and submitted at the greencard interview...specially, if the divorce process starts just a few months after recieving the conditional greencard. Any thoughts or sample of list of evidence in this specific situation would be much appreciated. 

Thank you 🙄😒

25 minutes ago, Going through said:

USCIS doesn't care why the couple got divorced.  They only care that the marriage was entered into with bonafide intent.  The nature of the divorce may make a difference during divorce proceedings/alimony settlement.

 

It does and it doesn't matter.  Can you file for divorce at any time?  Yes, however the i-751 cannot be approved until the final divorce decree is submitted to USCIS.

 

Can it cause added scrutiny to the i-751 if divorce is filed for almost immediately after receiving the 2-year GC?  Yes, as it can bring into question whether the marriage was entered into with bonafide intent, or entered into solely for immigration benefits.  

Thank you. 🙏 

Thank you for your kind response. 

Does it matter to USCIS when to file for divorce as long as it's completed before the 90 days eligibility for filing for I-751 starts? I mean, can the process starts right after getting the conditional greencard? Or she has to wait for a couple of months at least? 

Does the divorce have to be "at fault" divorce showing his infidelity or it can be a "mutual consent" divorce? Would the nature of the divorce really make a difference in the eyes of USCIS? (In case he doesn't cooperate for a smooth divorce, she might see the need to tell him that for an exchange for a quiet mutual consent divorce, she would keep quiet about his infidelity to the court and to his families and friends; if in fact this could save her some times, money and hassle and would not matter in the eyes of USCIS anyway. If in fact that seems to be the right approach,  even going to therapist by herself, she could only talk about their differences that has made their life unbearable and doesn't talk about his infidelity.  After all, she would need to submit a copy of the therapy report to the lawyer and perhaps a copy to USCIS.) Am I thinking in a right direction? 

Any thought/comment on this would be quite appreciated. 

Kind regards 

Hey folks,  I desperatly need advise on I-751 removal of green card condition if the couple get divorce within the first two years. 

I know that applying for I-751 petition can be done based on a few things: divorce before the 90 days starts, extreme cruelty and hardship.  Regarding the extreme cruelty, I heard that the immigration officer would ask for evidence of extreme cruelty from the immigrant and it does not have to be physical. It can be emotional, mental, physiological verbal abuse, humuilation, making treads of deporting the immigrant, etc.  As you know, in many cases, these verbal abuse happen in the privacy of the couple's home and not in front of other people. Therefore, there wouldn't be any witness available. Keeping that in mind,

A. what kind of evidence for extreme cruelty, the immigrant wife could actually show to the immigration officer when she files for the waiver of the greencard condition, alone? 

B. How could she collect evidence on verbal and emotional abuse? 

Besides that,  what if he (the US citizen sponsor ) cheats on his immigrant wife through chatting (text, call, video chat) constantly and sometimes even asking other women out in those chats and wouldn't even try to hide it. And when the immigrant wife complains, he humiliates her by saying that this is what it is and he has needs and that she should continue doing her duty as an appreciative wife and if she is not happy, she can return to her country. Even when she asks to see a therapist in order to be able to better cope with her life, he refuses to send her making excuses and perhaps being afraid that she talks about him with the therapist. Keeping in mind that all these conversations happen in the privacy of their home and when they are alone. Considering above, the questions are: 

1. Would that be considered extreme cruelty?

2. If yes, what kind of evidence would be acceptable to the immigration officer and she needs to show?

3. How could she actually collect evidence? 

4. Does she need to do this based on extreme  cruelty which could be hard to collect all the necessary evidence? OR could she make him agree to a joint no fault divorce while keeping quiet about all his cheating and the way he has been treating her, in front of the court and his family. In exchange, getting him to cooperate with her and filing jointly for no fault divorce and fully cooperate on gathering documents and proofs anyway he could to help her with removal of residency condition? 

Grateful for any thought on this. Thank you 🙁😢