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Demise

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  1. Like
    Demise got a reaction from J2020 in VAWA, Part 25   
    They'll probably just give you the normal gauntlet to make sure that you are not a criminal or otherwise inadmissible. When it comes to AOS, it too is just making sure you're admissible and they can grant you AOS. In any case they shouldn't ask regarding your I-360 over a question that you affirm everything you said so far as true and correct. They might ask some of the I-130 questions regarding the marriage being legit.
     
    Marriage based AOS and maybe IV issuance are the actually the weird ones because there is the additional burden of proof placed there that your marriage is legit and it is the only family relationship you can fake cause well not like you can normally pick up a different parent, child, or sibling without doing something exceptionally weird or outright fraudulent.
  2. Thanks
    Demise got a reaction from Zzz___1 in VAWA, Part 25   
    Reference the codes on the redacted pages with this:
    https://www.justice.gov/oip/page/file/1176466/download
     
    (b)(6) are things related to anyone other than yourself.
    Everything else is their internal secret stuff that's a part of your A-file but classified. For example (b)(7)(E) would probably be the stuff that FBI dug up as a part of your background check.
  3. Like
    Demise got a reaction from Family in VAWA, Part 25   
    Reference the codes on the redacted pages with this:
    https://www.justice.gov/oip/page/file/1176466/download
     
    (b)(6) are things related to anyone other than yourself.
    Everything else is their internal secret stuff that's a part of your A-file but classified. For example (b)(7)(E) would probably be the stuff that FBI dug up as a part of your background check.
  4. Like
    Demise got a reaction from shiva32 in VAWA, Part 25   
    Most likely just medical and maybe something else. This is actually really good news because it means that they most likely waived your interview, if they wanted to interview you, they wouldn't RFE you, they'd just send you a letter telling you to bring whatever is missing with you.
  5. Like
    Demise got a reaction from Reto in VAWA, Part 25   
    Most likely just medical and maybe something else. This is actually really good news because it means that they most likely waived your interview, if they wanted to interview you, they wouldn't RFE you, they'd just send you a letter telling you to bring whatever is missing with you.
  6. Haha
    Demise reacted to Family in VAWA, Part 25   
    @God is a good Godsays “ How do you keep an idiot in suspense?” 
    @Family wonders : “ How?” 
     
    @God is a good GodReplies “ I’ll tell you later.” 
  7. Like
    Demise reacted to Crazy Cat in Husband green card expiring in january   
    Once you file the I-751 package, he will receive an extension letter which will extend the expiration date printed on the card for 2 years. There is no need to make an infopass appointment. 
  8. Thanks
    Demise got a reaction from abrahambueno in What are my options?   
    Father and mother incurred 10 year bans, father for getting deported and for unlawful presence, mother just for unlawful presence. Unlawful presence bans are automatic, there doesn't have to be an official finding by an immigration judge, USCIS, DOS, or any other agency for them to kick in. These bans have since expired, they'll just have to prove that they maintained residence in Mexico or elsewhere and didn't reenter US.
     
    Anyways the way to go about this would be:
    Dad and mom - petition them as immediate relatives, will take about 2 years for them to become LPRs.
    20 year old sister - petition for her directly in F4 (sibling of US Citizen), it's backlogged less than F3 and parents wouldn't be able to petition for her anyways until they've naturalized since there's no category for married children of LPRs.
    11 year old bother - Kid's a USC, all he needs is to get a passport and board a plane
    10 year old sister - Have either parent petition for her as an F2A, it's a bit backlogged for Mexico but I think that backlog will clear soon. Even if not, 3 years isn't an insurmountable wait.
     
    Regarding the F4 backlog, I think it might loosen up a bit after the priority date passes the 245(i) cutoff date of April 30, 2001. Something similar happened with F2B for Philippines, there was a crazy amount of petitions that were filed during the December 21, 2000 to April 30, 2001 window of 245(i) getting briefly reopened. Don't get me wrong, it'll still be a long wait, but less than 22 years.
  9. Like
    Demise got a reaction from Chancy in What are my options?   
    Father and mother incurred 10 year bans, father for getting deported and for unlawful presence, mother just for unlawful presence. Unlawful presence bans are automatic, there doesn't have to be an official finding by an immigration judge, USCIS, DOS, or any other agency for them to kick in. These bans have since expired, they'll just have to prove that they maintained residence in Mexico or elsewhere and didn't reenter US.
     
    Anyways the way to go about this would be:
    Dad and mom - petition them as immediate relatives, will take about 2 years for them to become LPRs.
    20 year old sister - petition for her directly in F4 (sibling of US Citizen), it's backlogged less than F3 and parents wouldn't be able to petition for her anyways until they've naturalized since there's no category for married children of LPRs.
    11 year old bother - Kid's a USC, all he needs is to get a passport and board a plane
    10 year old sister - Have either parent petition for her as an F2A, it's a bit backlogged for Mexico but I think that backlog will clear soon. Even if not, 3 years isn't an insurmountable wait.
     
    Regarding the F4 backlog, I think it might loosen up a bit after the priority date passes the 245(i) cutoff date of April 30, 2001. Something similar happened with F2B for Philippines, there was a crazy amount of petitions that were filed during the December 21, 2000 to April 30, 2001 window of 245(i) getting briefly reopened. Don't get me wrong, it'll still be a long wait, but less than 22 years.
  10. Like
    Demise reacted to Family in VAWA, Part 25   
    The privileges are only the ability to Natz in 3 yrs if spouse was USC and access to public benefits pre and post LPR, no other 
  11. Like
    Demise got a reaction from Family in VAWA, Part 25   
    I assume you mean I-864, yeah in this case your income will need to be at least 150% of the poverty line for a family of 3 (you + 2 parents), assuming you're unmarried and have no children, if you are married or have children add 1 to the number per each. VAWA doesn't give us anything special when it comes to petitioning for a relative, aside children that tag along with you who are similarly to you exempt from affidavit of support requirements.
     
    I-864W is used in cases where you are exempt from filing an I-864, because the beneficiary:
    1. Has put 40 quarters of work into social security
    2. Is a natural or adopted child under 18 of a US Citizen who upon entry on immigrant visa or adjustment of status will automatically become a US Citizen under the Child Citizenship Act of 2000 (no stepchildren unless legally adopted)
    3. Is a VAWA self petitioner or derivative child
    4. Is a self-petitioning widow(er) of a US Citizen or derivative child
  12. Like
    Demise got a reaction from Persica in VAWA, Part 25   
    Filing my motion to recalendar and change venue tomorrow when the post office opens. If I have to file my I-485 with the court then so be it. I'm sick and tired of waiting on either ICE to respond to me or AG Garland to come back from the dead.
     
    Wish me luck.
  13. Like
    Demise got a reaction from Chancy in Interview location for DACA applicant   
    He's 30, too old to adjust as an IR.
     
    You are 30, DACA started accepting applications in 2012 when you were 20, you've accrued enough unlawful presence to need a waiver.
     
    Right now just pay the Immigrant Visa fee, get the receipt for it, and file I-601A with evidence that your absence will cause extreme hardship to your mother. If you depart without an approved waiver you'll get yourself banned from re-entry for 10 years.
  14. Like
    Demise got a reaction from arken in Interview location for DACA applicant   
    He's 30, too old to adjust as an IR.
     
    You are 30, DACA started accepting applications in 2012 when you were 20, you've accrued enough unlawful presence to need a waiver.
     
    Right now just pay the Immigrant Visa fee, get the receipt for it, and file I-601A with evidence that your absence will cause extreme hardship to your mother. If you depart without an approved waiver you'll get yourself banned from re-entry for 10 years.
  15. Like
    Demise got a reaction from Mike E in F-1 to Green card for stepson   
    Have you filed an I-130 for him already? Also how old was he when you got married to a parent of his?
    Finally what's the priority date on his I-130 if you did file one.
  16. Like
    Demise got a reaction from Mike E in GF overstaying her F1 grace period by 1 day. Need advice please!   
    If she's already in US why not just marry her and file for AOS? In that case she won't have to leave and do the whole dog and pony show with dealing with the consulate abroad.
  17. Like
    Demise got a reaction from Rocio0010 in GF overstaying her F1 grace period by 1 day. Need advice please!   
    If she's already in US why not just marry her and file for AOS? In that case she won't have to leave and do the whole dog and pony show with dealing with the consulate abroad.
  18. Like
    Demise got a reaction from Family in i-751 divorce petition - updated to "request for additional evidence"   
    Wasn't me, I think it was @God is a good God, he overcame a NOID in a very very messy case.
    I got an RFE, my response was 3 pages, but I did send them basically a copy of every god damn thing I could find.
  19. Like
    Demise got a reaction from God is a good God in i-751 divorce petition - updated to "request for additional evidence"   
    Wasn't me, I think it was @God is a good God, he overcame a NOID in a very very messy case.
    I got an RFE, my response was 3 pages, but I did send them basically a copy of every god damn thing I could find.
  20. Like
    Demise got a reaction from shiva32 in VAWA, Part 25   
    @NiceGuyXLE Did you get an RFE or a NOID? If so what did that say, chances are that you didn't provide the evidence they asked for or you didn't argue well enough in the cover letter. The problem with USCIS is that sometimes you have to walk them through the evidence and the narrative like you would a 5 year old child. I did that when I got RFE'd. I submitted everything I possibly could, dismissed all the concerns as total BS in slightly nicer terms (I disagree with the assertion that...), and cited an exhibit at the end of every sentence.
  21. Like
    Demise got a reaction from PeaceLoveFreedom in VAWA, Part 25   
    I'm guessing they wanted a foreign one and you didn't provide it. 
  22. Like
    Demise got a reaction from PeaceLoveFreedom in VAWA, Part 25   
    @NiceGuyXLE Did you get an RFE or a NOID? If so what did that say, chances are that you didn't provide the evidence they asked for or you didn't argue well enough in the cover letter. The problem with USCIS is that sometimes you have to walk them through the evidence and the narrative like you would a 5 year old child. I did that when I got RFE'd. I submitted everything I possibly could, dismissed all the concerns as total BS in slightly nicer terms (I disagree with the assertion that...), and cited an exhibit at the end of every sentence.
  23. Like
    Demise reacted to Family in VAWA, Part 25   
    Confirmed remote  appearance still ok. Here’s the how to for requesting ,  IF you still choose to :
     
    https://www.justice.gov/eoir-operational-status
    Unrepresented respondents in non-detained cases who wish to appear by Openvoice or Webex should contact the immigration court for instructions.
     
  24. Like
    Demise got a reaction from Reto in VAWA, Part 25   
    I'm guessing they wanted a foreign one and you didn't provide it. 
  25. Thanks
    Demise got a reaction from Family in VAWA, Part 25   
    Okay thanks, and yeah I know I need to recalendar to get the case out of admin closure.
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