Demise

It's admin closed and remains so. EOIR still shows an administrative decision back in 2018 with no future hearing date. Did the court make you come in person or did they give you a link for legal zoom? I'm just wondering if I should wait for ICE to wake up or if I should just force a hearing and make them address PD during a master hearing. But from what you're saying I'll start drafting the motion.

ICE is really starting to **** me off. I emailed them back at the end of April (right after the Doyle memo went into effect) via the prosecutorial discretion email regarding getting my proceedings dismissed, got the autoreply email, nothing past that, decided to follow the proper instructions (the ones for attorneys) to submit the request to them through their eservice portal back at the end of June, still nothing other than an automated email that it's been accepted for processing. Anyone know how long it takes ICE to get back to you, also follow up question - do immigration courts these days make you come in person or is it all handled over legal zoom? Just asking because I live an hour away from Minneapolis, if it's just zoom then I'd totally file a motion to recalendar and change venue and let the court deal with my I-485.

Mom's the primary, you have to enter with her or after her. When your dad immigrates, if it at all, is irrelevant here. Though similarly to you he has to enter with or after her. US government is notoriously bad with not placing commas where they belong, that annotation should really read: Child Status Protection Act, Valid Only If Acc/FTJ Father, Mother, or Spouse. So basically, you can only immigrate if accompanying or following to join the primary (who might be a mother, father, or spouse, in this case, mother). CSPA annotation qualifies how you're over 21 but immigrating as a derivative child, basically it's an explanation how did someone over 21 get an F33 visa.

Honestly it could be that. If you seek a fee waiver, the fee waiver gets reviewed before they do anything else. If it gets approved they will accept these applications for processing and send you the receipts. If it gets denied they will put everything back in an envelope and send it back to you.

Well there's the entire VAWA thread which is what IB1 is: Anyways, I'm here, what do you need to know?

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

Recommended is to just file it together with I-485, but since you already filed you can just send it now or as soon as you can. Only document you need to include is a copy of the I-485 receipt notice.

Travel in US will be fine, just have an ID and the I-485 receipt letter to prove that you are here legally. Pending I-485 isn't a status per se but it is a period of authorized stay, so you are out of status but legally in US. That being said, if you fly on something like a driver's license, the TSA agent will just look it over, look at you, look at the boarding pass, and that's the last time anyone will ask to see your ID. Travel on AP won't be an issue as long as you're not in removal proceedings. BIA ruled back in 2012 in Matter of Arrabally that travel on AP does not trigger re-entry bars associated with being out of status. Whether you need to pay the filing fee for I-131 for AP depends on whether or not you paid the filing fee for I-485. If yes then no you don't have to pay for initial or renewal I-131. If no and you got a fee waiver, then you will need to pay for I-131 or submit another waiver request using form I-912.

Nothing to do at this point. Once you get an I-360 approval there's 2 ways to go about this. 1. Have to lawyer reach out to ICE and ask if they are willing to dismiss if they agree then wait for the judge's decision to their motion to dismiss and file I-485 with USCIS. 2. Have your lawyer file a motion to recalendar to put the admin closed case back on the court docket and file I-485 with the court if you haven't already.

Within a week, 2 at most.

Only way to know is to see the RFE. Prima facie have a very low standard of evidence. So they can check off the cohabitation box on it and still want you to submit more.

Yeah I did, and I found citations that contradict her claims of can't use private violence, DV isn't enough. I found ones that say that private violence works if the government is unwilling or unable to stop it, and two that dressed DV into membership in particular social group. Now when on one hand I have Sandra's unsourced claim, and on the other hand I have BIA decisions, I am really leaning very hard to what the BIA has to say. Idk, maybe there is some Supreme Court decision I really need to hear about that Google can't find. You want to maybe take this to private messages, I'm a bit tired of going offtopic on this thread.

I thought about it but I do enjoy being a software developer. Maybe I'll give it a shot once I get bored of this field, I'm right next door to Wisconsin for that easy diploma privilege. Also, with all due respect, if you respond with a contradiction to my post I would like to see the reasoning behind it that I can reference. I am very much open to the fact that I might be wrong. I've had arguments on this and other sites that concluded with "Yeah, I was wrong, you are absolutely right" (like one regarding how do re-entry bars actually work when you come back to US, or one where I wrongly thought that K-2s age out from AOS upon turning 21 where someone corrected me with a BIA precedent that they don't) and a whole bunch of others where I just never heard anything back. If two opposing answers are given to a single question one of them has to be wrong, and if it's mine I'll happily retract it, but well I don't think I'm wrong, at least not in the current circumstances.

Just a person that reads, so my request for a citation to the counterclaim shouldn't be too difficult.

I would like some receipts. These will generally start with "Matter of ..." or end with "... v. Attorney General".

https://www.asianjournal.com/immigration/immigration-columnists/readjustment-of-status/ Give this a read. This outlines how re-adjusting while already an LPR looks like. So I was a bit off, you'd file I-130 with USCIS and then I-485 with the court. Only the court can approve a re-adjustment. You would NOT need to file I-407.

Keep us posted as to the reason for denial. If it's within 2 years of divorce you can refile, if it's more than 2 years the only thing you can do is file I-290B to either reopen with VSC or appeal to the AAO.

You do realize that BIA has found things like "married women in Guatemala who are unable to leave their relationship" (Matter of A-R-C-G-, BIA, 2014) or "El Salvadoran women who are unable to leave their domestic relationships where they have children in common with their partners." (Unpublished Matter of A-B-, BIA 2018?) as "particular social group", right? You ever sit down and actually read this stuff? I also disagree with your claim that private violence is not qualified as persecution: "The Board has long held that harm may qualify as “persecution” if it is inflicted either by a government or by non-governmental actors that the relevant government is “unable or unwilling to control.” Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985)." (Matter of A-B- III) Like the whole "particular social group" bullet point is extremely broad, but if you can try to fight and win an asylum case due to that by chalking up the reason to why you got beat up to a membership in a particular social group, why wouldn't you? You win - you get your asylum and open the door for others similarly situated, you lose - you get deported, you do nothing - you also get deported.

It is possible to re-adjust via the courts. In this case basically file I-130, and once you get the receipt notice during the next hearing tell them you wish to withdraw the I-751 to stop being an LPR so you can file I-485 with the court. @BeenSoLong Note that marriage while in removal proceedings will increase the level of scrutiny your I-130 will receive and you will likely be interviewed for the I-130. This is also possible if you're already an unconditional LPR, but the process how that works is actually pretty confusing - you basically ask the judge to issue a removal order to strip you off your LPR status and keep the proceedings open so you can continue with a new I-485.

It's a bit different than that. WA does not issue the normal kind of Real ID DLs or IDs. They do however issue Enhanced Driver's Licenses to US Citizens, but that's a step above Real ID. Basically with most states it's: Enhanced > Real ID > Standard, not all states offer all 3. At the same time, Real ID got pushed back so many times that at this point I think that DHS just never plans to implement it. It's a law on the books, so they can't just ignore it, but they can keep kicking this down the road until either something forces them to implement it (like a court order or another law) or permanently. I think WA is just calling their bluff: "We're not going to issue these because you will never implement it". That being said, I flew from NYC (JFK) to San Antonio, from San Antonio to Atlanta to Newark, from NYC (LGA) to Charlotte, NC to Minneapolis-St.Paul on a standard NY Driver's License, the worst that happened was the TSA agent just doing a double take because it was an old picture.

I looked at the citations for that part and the citations to the citations. Found nothing. Sections relate to AOS for asylees/refugees, derived citizenship via parent's naturalization, certificates of non-citizen nationality without touching on how that status is bestowed (fun fact: this section of law was never implemented, only document that can prove non-citizen nationality is a US passport with the restriction text), and some court cases regarding eligibility for asylum. I know of there being some efforts to upgrade non-citizen veterans to being non-citizen nationals so they'll be immune from deportation, as far as I know none of those bills passed. I think whoever wrote this wikipedia article conflated a passport with a refugee travel document. So I think the only way to acquire non-citizen nationality is by birth in American Samoa or one of the nuclear test sites in the Pacific to non-citizen parents or by birth to a non-citizen national abroad.

Pessimist sees a dark tunnel, optimist sees a light at the end of the tunnel, the train engineer sees two morons on the tracks.

It means that they glanced over it and there's something in there to check all of the boxes they need. Prima Facie Determination does not mean you will definitely be approved or that you won't get an RFE, similarly having a denial of prima facie determination does not mean that you will get denied (but you will definitely get an RFE if you ignore it). In my case they actually did deny me prima facie determination, I just said whatever, waited for an RFE, responded, and was approved. We even have a few people in the VAWA thread who received an approval after a Notice of Intent to Deny, which is pretty much a more serious RFE where they have serious questions regarding your eligibility.

Go to the interview alone, tell them you filed I-360 for VAWA, then send them a copy of the receipt notice when you get it. If you get it before the interview just bring it with you.

As per Matter of Sesay a K-1 who's I-485 is adjudicated after 2 years since marriage is not subject to conditional residency. So, in cases where it takes over 2 years for USCIS to get to it, they should receive a 10 year green card. If you know of someone who did they should be filing an I-90 to make USCIS fix their error.