Used to be broken

Hi,

I was in removal proceedings before and was granted voluntary departure. I had bought my ticket back and was ready to go until my consulate denied me for getting a passport. I was ordered removed and stayed in custody for a total of a year. I was put on supervision and have been on supervision for 2 years now. The petition my mother had filed has now become current for me to adjust.My mother wom is a U.S citizen and my sister who is 20 is also a U.S citizen both stay with me as I am 25. I want to know if there is a way to reopen the case and adjust after all of this has happened. The reason i was taken in was because i was charged with a crime of moral turpitude.I have lived in the U.S for 24 years now and need to see how i can adjust.

Thanks

What paperwork did you get when they released you from custody? Were you in immigration custody ?

i am the UKC spouse, i am collecting all relevent in formation for the i-601 waiver, and was wondering des my USC wife have to physicaly sign the hardship letter and mail it to me , or can she just email it, and does it require a signature at all? any help on this matter would be greatfully rcieved..... MACE...

I think it should have a signature but does not necessarily have to be an original.

Yes we are still in contact with our attorney. He has advised us to "wait and see what the Consular says", but I hate just sitting here to wait! I'm not one to just sit and wait, if there is action that can be taken. I'm not sure what the USCIS Ombudsman is-please advise. I've received an email from the Consulate today and they told me that they are still processing and will advise our next steps when they are done. Do you think that it would be ok if I call our local USCIS office myself or would it be bothersome since the Consulate has stated that they are in contact with them? I don't want to make them mad by being a pain in the butt. I'm thankful for the advice here!

What country? No I do not think it would be a problem if you called USCIS and the Ombudsman is an office that intervenes on behalf of the petitioner.

Google USCIS Ombudsman and fill out an case inquiry form. Call the local office where the green card came from too. Did he get a reciept when he turned it in?

Did you miss the "Just Friends" part???

Whats wrong with Friends with benefits?

In any event...I sent request to both California Senators to help.

Hired a lawyer...do you beleive that the US Embassy in Manila claims they did not receive my lawyers correspondance letter and G28 forms?

WOW

They did not receive 3 faxes of mine (spaced by a week each), one letter (from my fiancee), and an email?

Does it seem too convenient for them to not receive this?

After 9 weeks of waiting. Now I am thinking Filipino Crabs theory.

This is a common delay tactic by USCIS and Embassy. Its BS and they know it but no way to prove it. We provided several copies of the G28 which mysteriously went missing. We hand carried them to Embassy so it wasn't lost in FAX or email. Send another email, find out who the Station Chief and the Ambassador at the Embassy are and copy them on it as well.

*It is also not specific to the Phillipines Embassy they all do this.

That is correct, he had a 2 yr conditional green card and we decided to move back to his country-therefore did not remove the conditions. He left the US 2 days after his green card expired. We used a lawyer the first time that we applied for his visa and I contacted that lawyer when we decided to move out of the US. The lawyer told me that since we were planning on leaving the US, we should not remove the conditions but rather do the I 407 once we left the US. I just wonder how long this will take for them to correct this on their end?!?! We have tried to coordinate my husbands visa with our childs school schedule and now everything is thrown off. Do you know if there is a time limit for them to correct their records and if we would have to do the medical visit again, once this is corrected?

You will more than likely NOT have to file a waiver, however getting USCIS to correct this is going to be a challenge. Are you still in contact with your attorney? If so, get him on this issue ASAP. What country are you in? If you have a USCIS office locally it might be helpful to approach them and ask for some guidance. If not find out which USCIS overseas office has jurisdiction over your country and call there. Might circumvent some of this hassle by contacting the USCIS Ombudsman immediately as they probably can inform you of the steps necessary to correct this and might even provide some of the research work on your case for you.

As for the physical being redone... that is a consular issue and unfortunately if 6 months goes by and the physical expires and/or the police certificate than you will be required to re-do it.

How often do you guys change lightbulbs? Gosh, is that really a "chore" around your houses?

Yes, anything that involves climbing, ladders etc is a "chore" in my opinion.

My fiance (husband after next Friday!) does the dishes 75% of the time, vacuuming and dusting is about 50-50. He does all the "man" work - taking out the trash, changing light bulbs, fixing stuff that's broke, cleaning the cars, shoveling the driveway.

I cook, do laundry, clean the bathrooms and mop. If I ask him for help with anything he always jumps in - he helps with the cooking when we're having a big party and lots of friends over for example. He is much better at peeling potatoes than I am :-)

Since he got here permanently 3 weeks ago and is not working yet he's also already painted half the house and is working on fixing up an old car. I don't think he could be lazy if he tried!

I do have to agree that most RUB men are not like that :-) I think I lucked out! Although one of my girlfriend's ex-husband (Russian) did 100% of the vacuuming and ironed her work clothes for her every morning.

Good to hear I am not the only one in this forum who married a RUB man. I also experience similar here at home. We have the "cook doesn't clean rule". In other words whomever cooks doesn't have to clean the kitchen and the dishes. I will qualify by saying the first time I suggested that my hubby learn to cook it appeared as if I had slapped him in the face. Apparently he found that suggestion demeaning... guess its not a "mans thing".

He does seem to have a fascination with the laundry machines that has endured for over 10 years now and since I find them extremely boring .. this works for me; and he doesn't half ####### it and leave them in the machine for folding, he folds it like a department store would and puts it away!

"Man things" like car repairs home repairs etc are handled by him and other clean up chores sweeping, mopping, etc are evenly divided with the exception of bathrooms.

I have found that if I want something "manly" done like painting or fixing something done on my time line not his, the technique is to drag out all the equipment ie: paint roller, brushes etc and start the project myself, which ends up in a quick "you don't know what you are doing" comment and he takes over from there.

overall in comparison to my friends reports married to American men it seems I have a much more equal distribution of labor here in our home than they do in theirs.

Does your RUBbette wife do all of the housework, most of it, some of it, not much of it, or none of it? If not all, then what, and what's the reasoning for the division of labor? Comments, please man, si man.

What about RUB man folk?

Zig Ziglar would refer to this as "stinkin thinkin". Unless an actual lie to a direct question is placed in the record, a generic truthful answer will not result in a finding of misrepresentation. For instance, if the CBP officer specifically asked, "Are you married to a US Citizen?" and you LIE.....AND..... it gets noted in the record, there would be a problem. Otherwise, no worries. Really. Get over it.

Again, read post #10 and simply believe it, because it's true.

Very interesting concept. So if there is no risk using this method, why are so many people associated with VWP countries bothering with the Fiance Visa process? If they can simply fly to VWP country, get married and then have the spouse enter under tourist Visa and AOS?

If you don't understand, read post #10 again. Additionally, nobody is required to notify CBP they are married.

when they ask what is the purpose of your visit.. and you say tourism or its implied by the tourist VISA and you are married to a US Citizen and intend

to adjust status... ? Not thinking this will fly under radar.

Great help and advice! Thanks to all! I'm feeling a lot less stressed. And the means test deal is a detail I had forgotten...so thanks to you guys who refreshed my memory.

Slim, I'm 64 going on 21 in "certain ways" if you know what I mean! Having a tall, long-legged, hot body walking around in skimpy outfits while vacuuming the floor helps! Better than Viagra! I'm sure you guys know what I'm talking about. I do think she liked our private life before her son arrived. It has put a crimp in spontaneous "activities." But I'm still not clear why so quick to push him to independence.

Gary, I hear you. I've had the biggest issues with my wife around this apartment deal. I like her son...he's a good kid so I have no issues with him living here for the meantime. I I'll give it time...I'm pretty sure he'll be back...and I'll insist he go to school if he does. That's my strategy at this point.

As to you folks suggesting I add him to my military TriCare Plan...well, yes, I think I could but it is crazy expensive...like $2,500 a year! That'd be a big hit for me. I'd be better risking out of pocket to that high of a bill.

To Neon...the military is a good idea if someone speaks English well enough to make the recruiter happy. Alexey was in the Russian Army...and I'm not sure if that's good or bad as far as recruitment is concerned? I'd suggest a military career to him if his English improves...but given how he was treated in the Russian Army...that might be a hard sell to enlist here.

Again, thanks for all the great replies!

Go on e-quote at his age with no prior medical issues, he can get medical insurance for peanuts. We did it between jobs, high deductible I think like $5000 but for a serious accident or illness a couple days in the hospital you could rack up crazy bills. I think its like $35 a month.

So why bother with a K3 visa then ???

They got married in France.

Thank you for your quick response

?? Am I missing something? This couple married in France, and then post marriage entered the US without notifying the CBP folks they were married? So came in on a tourist VISA instead of a CR1? Hmmm, and now going to try to adjust status? If it were me, I would submit the I130, wait a couple months, fly back to France and do it right if she hasn't overstayed the tourist VISA. I do not see how under these circumstances they can avoid fraudulent intent if I am reading they married in France before she entered on the tourist VISA.

could someone please point me in the right direction for the I-601,,, i overstayed and recently had my interview at the U,S embassy London, ten year bar, and now have to apply for i-601, basicly i have all the info but its the little bits that they make a meal of and sometimes dont quite make sense that i need to look into , i have filled in the form and have a letter from USC wifes doctor saying she has depresion and other issues, and we are about to lose property because she can not cope with the bills alone, her father has canxer and she has three children and a grand child in the U.S, , we are both ex military and have no criminal records, . can anyone help me step across the pond?

There are also research links in this forum, read them all, read case studies then consult with an Attorney. Steven Heller is in the UK and is reasonably priced. He has experience as an adjudicator at London Embassy to boot. Sounds like you will meet the hardship criteria, now just have to put together the evidence in a packet and make it make sense to the Adjudicator.

Thank you so much!

Yes. That gives me hop.

I feel bad that It had to be that but my parents brought me there and couldn't make my own decision. But oh well immigration doesn't care.

And yes I am interested to look at it.

Thank you very much!

The fact your parents brought you here, and presumably stayed here with you until you returned in 2009 is somewhat of a mitigating circumstance. Since the denial of asylum was submitted by them not you, that will probably be helpful in the case. I agree you need an attorney as was mentioned previously.

We also had some serious aggravating factors and got approved, however we had substantial evidence of hardship on many levels.

That's the thing. There's no medical issue and no kids.

I'm really scared. I feel that only those people have more chances. And I can't afford a lawyer.

But do I need a hardship letter for each form?

Thank you!

No, you do not need a "hardship letter" for each form they are submitted together in the same packet so only one letter from the qualifying relative is needed as part of the evidence for the packet.

Hardship is relative to your situation and there is more than medical that can be considered. Children are not "qualifying relatives" for purposes of the waiver, so its pretty obvious you at this point have no understanding of the requirements for the waiver.

Go read the research links so you know what you are dealing with and what the hardship standard is. As was mentioned in previous post, the letter without any supporting evidence is not going to get approved, so take your time and do it right.

At this point you cannot afford NOT to have an attorney because you don't know what you are doing. Charge it if you have to or borrow money but at least have a consult with someone who specializes in I601 waivers. You can perhaps develop your own Hardship scenario and learn how you can prove it and articulate that in a waiver packet.

Many people without children have been approved, and so have others without medical conditions. Another issue is mitigating and aggravating factors read the research, find out what they are and that will determine the degree of documentation and direction you take with your packet. For serious aggravating factors it is madness to attempt without legal consult... IMHO.

We have no minor children but our waiver was approved. Some of the arguments included, severe career disruption, special government considerations, financial hardship and the packet included a mountain of evidence. You have to give the adjudicator CYA material if he approves it and sends it to his/her superior for sign off... a letter by itself will not cut the mustard.

I myself was doing some reading and like you (once) I came across a blog and in it they said that you could ask the CO for a recommendation so I was wondering if it were true or not and has it ever been done.

CO can make a recommendation, not sure how much weight it will carry. On a simple case of short overstay I think it would be helpful. On a complicated case with lots of aggravating factors not so much

Since you live in California, I suggest you write an emotional appeal to Senator Feinstein. She can introduce a private bill that would grant an exception specifically for your husband. If the bill is passed and signed by the President then your husband's inadmissibility will be waived. She introduces a few dozen of these bills every year. I think she's your best hope at this point.

I think this post is very thoughtful and it will not hurt to follow up on the above suggestion. Having said that the history of private immigration bills is quite dismal and more often than not they languish forever. If he was stateside already the benefit would be a hold on deportation but in these circumstances please have a realistic expectation based on the very few private bills that have been penned and even fewer that have actually passed in recent years.

As you know you have my deepest concern and are in my prayers.

This link does not give much hope for a private bill helping our situation at all:

http://www.cundyandmartin.com/immigration/deportation/private-bills-and-immigration.php

it says the last private bill that actually passed was in 2004?? is that still true??

wow....

http://law.psu.edu/_file/PBDA_Toolkit.pdf

and I thought putting together a waiver was hard!!!

As far as I know this an accurate depiction of the facts

This link does not give much hope for a private bill helping our situation at all:

http://www.cundyandmartin.com/immigration/deportation/private-bills-and-immigration.php

it says the last private bill that actually passed was in 2004?? is that still true??

wow....

http://law.psu.edu/_file/PBDA_Toolkit.pdf

and I thought putting together a waiver was hard!!!

As far as I know this an accurate depiction of the facts

Thanks so much. I am confused by the comments on adjustment of status. We aren't adjusting status if we are removing conditions, right? I have already spoken to two immigration attorneys, neither of which can give me a clear answer, and I paid to find that out! All they told me is what I already found in my own research.

Get an attorney that knows what he is doing, ask for cancellation of removal. You need an attorney who specializes in criminal immigration defense. This is nothing to play around with, do everything you can to keep him from being removed. this type of situation is well beyond the scope of a public forum. Call Carl Shusterman's office in California and get a referral to the right kind of attorney.

Hi to all of you

I am Canadian citizen and was in very complicated immigration case. Finally my attorney found out I need to file 212 3D waiver for non immigrant visa. I was searching application for 212 3 D waiver and all I found I need to fill out I-192 application. Can someone please clear me for 3d waiver I need to fill out I-192 application or something else.

Thanks.

That is the correct form, without the immigration history not really able to provide much more insight. Fill out the form, supporting evidence and documentation and submit to the embassy then wait for answer . Usually they are pretty quick to answer on these.

Expedited Processing Approved!

Due to Medical Hardship. Now we're just waiting for the moment of truth. I think it takes about 5-10 business days to make a final decision.

good news, keeping fingers crossed for your approval

Went for an infopass.....the lady had no new info yet I had been advised my I-601 was approved. After spending 30minutes with her I leave there office and get to the car and get a text and email message that the Green card has been ordered and that the I-485 is also approved. I got back to reconfirm and she still had no news on my case....

Congrats on the approval. It may take a week or two for GC but consider you are in much better shape stateside with EAD than those families who have been separated during the entire process. That is the silver lining in this cloud.

Old VJer here, some of you know my history and I haven't posted in a awhile. My fiance went to interview (2nd K1) in JAN 2011 pregnant with our child. The consulate asked for DNA to prove the child was mine and told the baby would have to be born in Vietnam. Quynh Giao was born 6/17 and the DNA kits were at the consualt 6/24. Wife rec'd a letter to come submit to Dna test but was turned away at the window because she didn't have the birth certificate, couple weeks later she showed up at the window with our baby and the birth certificate and was turned away again and told to wait for appointment letter. Our child contracted foot and mouth disease sometime 2 weeks ago and passed away on 9/9/11. Last monday the consulate called her for DNA appointment time and she told them the child has already died. They told her to bring the death certificate which she did wednasday and a Viet man at the consulate called her in without her parents to answer questions. I arrived fri pm because the airline would not accept me to fly without the visa to Viet which took 3 days to get. I am here now but can't go to consulate until Monday at earliest. Our hearts are broken over our daughter and I see on internet 40k children have foot and mouth disease in Viet now and over 100 have died, US consulate had to know. What happens to my wife's visa now? its Sat in Viet now I don't know what to say to my wife our case is 40 months old now

I am so sorry for your loss. I know the US Citizens services section of the consulate typically does not get involved in the VISA/Consular affairs, however in this case its worth asking if they can expedite the final steps in your wife's process. If they do not cooperate, contact your senators office fill out the privacy form and fax it in and ask them to intervene on your behalf. You also might try asking to speak to the chief consular officer while you are there, these are certainly extenuating circumstances and you deserve consideration.

Interesting situation.

Certainly Naturalisation seems an issue.

It may be that you could not be deported but would have a major issue getting back in if you left.

But certainly well beyond any advice we could give you, Lawyer time.

Excellent point !

If I recall correctly there is also a 5 year rule on crimes committed after entry so that may be an issue as well. Boiler is right, Lawyer up and don't leave the country.

in the 3 years I've been in the "Immigration Universe" VJ has not been the place to go for I-601 Waivers from Central America (where Mexico & Honduras are, not South America) with EWI & Illegal presence ban.[/size]

On the other hand I2US has a reputation of being the clearing house for exactly that type of case. I would be remiss if I didn't recommend her look there.

Well that is certainly news to me, I've never heard anything but glowing reviews of them but then again I don't live in the I-601 Waivers world.

Maybe you need to stop PMing them and post in the threads. If you think VJ can have a better I-601 sub-forum than I2US then you are exactly the type of VJ member who can help build it. I would be very happy to recommend someone in this situation seek out you or another VJ member who has shown they are a valuable resource and asset to the I-601 community in lieu of sending them elsewhere. In the end I will always recommend what I honestly believe is in the OP's best interest.

While there are times when a PM is best unfortunately the content of the PM is only helpful to a single recipient and doesn't live beyond their delete button.

Sure I'd help the kid up but I wouldn't coddle him as he's cursing either the ramp or his bike. I'd look at him and say well now neither the nor the ramp decided for you that it was a good idea to jump one with the other, you are the only one to blame for your scrapped elbow. So in short I would ask you to please help build VJ's I-601 Waiver sub-forum into something that surpasses I2US...

The problem IMHO of building a better I601 sub-forum on VJ is again in my opinion the superior attitude of many not all VJ members who have done it the "right way", and when an I601 posting ends up in another forum as it so frequently does, the the gang of righteous VISA filers piles on. So in that sense i2us.net has a huge advantage because they police that stuff religiously.

I don't believe in coddling and I am not the warmest or fuzziest poster but my PM's reach out to people in a more personal way, that is often needed in the I601 context. People in the I601 dilemma are not criminals or bad people and they are not gaming the system and more often than you might think got into hot water for lack of knowledge or confusion about Immigration Law or are victims of parents who put them in this situation. Not everyone is comfortable "putting it all out there", and each case is unique and different in the approach and when I see someone floundering in the process I try to provide a little morale support in a PM or a prod in the right direction in terms of an attorney referral. I provide more than enough general inquiry answers that are publicly visible.

I think you can see from some of the comments on my profile and the research links that I have created, that I have tried to elevate the quality of the I601 forum here. I2us.net serves a purpose but there is a huge gap in the area's of the world it specializes in. It also tends to cater to a large amount of people who are not researching but excessively posting non-immigration related crapola that clutters the interface and makes it difficult to navigate. Someone who reads the research links here from start to finish should have a good handle on the hardship standard when they finish reading.

The key to success is not yapping incessantly with other people in the same boat its researching the hardship standard and applying the law to your own case and preparing a winning packet. It is also recognizing when you are in over your head and have a case that needs a specialist.