nanobel

Thank you!

Yes, they would need both incomes. My sister would have made enough, but she has a business and on the books it looks like she broke even. Her AGI was a little over $30,000. They are a family of 4, they have 2 girls. So I figured with her and my BIL it would work out okay.

My brother-in-law is petitioning my in-laws. He has a business and had a very bad year last year since he was getting divorced. They let everything go down the drain, pretty much. So when my parents (in-laws) went to their visa interview they were not granted their visa. They were given a letter that says they were temporarily denied until they get a joint sponsor. The thing is that the letter only has my father-in-law's name on it. So I'm assuming that they only need a sponsor for him? That makes no sense to me, but this is my first experience with a married couple going through this. I've been through it many times with just one spouse, or daughter, etc. I would assume they'd treat them (each parent) as individuals, but then why did mom not get approved, either? I'm so confused as to whether they need a joint sponsor for both parents. We have tried to call and ask, but no reply.

I'm waiting on both my brother and sister to hand us all the documents we need. Whichever one gets back to us, first, will be the joint sponsor because this is our last week. We've had a hell of a time finding someone who meets all the requirements. You would not believe how many people don't do taxes every year!

On the form they ask for the past 3 tax years. How serious are they about this? In the letter they only request the most recent year.

Thanks again!

Do they go by the household income or individual income?

My sister and brother-in-law are sponsoring my in-laws. Individually, they do not qualify (just barely), but they do with their household income.

I've read the instructions for form i-864 a gazillion times and I can't find anything telling me one way or another.

Hi,

My brother-in-law is sponsoring his parents. They are from Honduras. They went to their visa interview in Tegucigalpa, Honduras and were denied, temporarily, while they find a joint sponsor. A friend is helping us out and sponsoring them. Here is my question:

Only his father got a letter, though. Do I still need to turn in an affidavit of support for each parent, or only the one named in the letter? If so, do I just add his mother on the same affidavit of support and send 2 copies of everything?

Never mind. Figured this out.

Hi,

My brother-in-law is sponsoring his parents. They are from Honduras. They went to their visa interview in Tegucigalpa, Honduras and were denied, temporarily, while they find a joint sponsor. A friend is helping us out and sponsoring them. Here is my question:

Only his father got a letter, though. Do I still need to turn in an affidavit of support for each parent, or only the one named in the letter? If so, do I just add his mother on the same affidavit of support and send 2 copies of everything?

We got it, thank God! We went to the interview and they (we were interviewed by a couple different officers) just asked us questions about marriage. We didn't bring anything with us, so we had to mail all our proof in (photos, bills, joint memberships, etc). About 10 days later he got his green card in the mail.

Now he wants to travel in January with our 4-year-old to Honduras to see his parents who he has not seen in 10 years. I talked him out of taking our son with because we're planning to go all together in about 6 months, once I get my passport (mine will take a while because it's Cuban). However, I'm really nervous about him going. I'm worried about the 10-year-ban even though he has his gc because I know that he was never admitted and in his passport it doesn't show that he ever entered the US legally. Can they do that?

I really want to cover all our corners. His green card says CR6 and it's only for 2 years. I'm wondering why... When we renew will we have to interview again? I'm still on pins and needles about this and will be until we are both US citizens!

Thanks! I'm always so lost as to where to post.

I had not thought about the work situation. My husband doesn't work for someone but sells things he makes. He's a metal architect and makes things like conductor boxes, chimney caps, small decorative copper roofs, etc. We are not "well off," by any means, but able to live on this. If he were able to work in his field we'd be set. He's had job offers, but as soon as the illegal immigrant thing comes up offers are withdrawn, of course. Should we tell them this or not mention finances at all?

The problem with him leaving to reenter legally is that I really have no clue how we would survive or where we would live. Even if we get gov assistance it would not be enough (I believe Alabama only has foodstamps). I don't have any family who could help...my only friend is in an abusive marriage, so we can't move in with her. We have no money saved because we live check to check. I'd out on the street in my car with my child.

I just spoke to my ex-husband who is in law enforcement and he said to not show up. My husband doesn't want to do this, though. He thinks he needs to deal with this now.

Thank you so much for all your help!

This might require a different thread...maybe.

Is there not a waiver I can get for my husband to never have to leave the country for his appointment? I have some health issues and I'm wondering if I can use them as hardship. I have sjourn syndrome which causes me severe dry eye. It might not sound serious, but when I have flare ups my eyes cease any and all tear production. I basically have to wear bandages over my eyes to keep in the moisture and all kinds of oils/drops and am virtually blind until the flare up is over. These happen once every 2 or 3 months and they last a couple weeks. When it happens my mother comes over here and helps me during the day until my husband gets home to watch and care for me and our almost-5-year-old son. I also have to be laying down most of the time because physical excertion makes it last longer and more painful. I can get a letter from my doctor. (I had forgotten about this since I haven't had a flare up for over 4 months, but it's starting now, so it reminded me. For the first time ever I'm glad it's happening because otherwise it would have slipped my mind completely.)

There are other issues, like work. Because of my condition (what I described and other things) I cannot hold down a steady job. My husband is our only source of income and we will certainly become a burden to the State if he were not here.

I can't move to Honduras and leave my 14-year-old daughter (from previous marriage) behind, either. She was having a mini-nervous-breakdown about this last night thinking I'm going to end up leaving and leave her behind. How do I chose which child to separate from their parent.

There's more, I'm sure, but those are off the top of my head.

So...I know there's I-601 waiver on the grounds of inadmissibility which we can file once he's in Honduras (if it comes to that), but I was wondering if I can file that here to prevent him from having to go to Honduras for the appointment or whatever.

I'm also thinking that I probably should have had all of this stuff ready for the immigration officer on Thurs, Dec 1st. Would he be able to do deferred action if I have all this information available or is it something I have to apply for formally?

Sorry for the bombardment; the date is getting so close and I'm starting to panic.

I know he can't adjust, but that we can apply for a waiver of grounds of inadmissibility. I've heard about that^ - defered action - being a political scheme, but I'm hoping we will be ones who will get approved. I've heard so many mixed opinions that I don't know what to believe. I've heard that because we're in Alabama it's more likely we will not be approved because it would appear that immigration doesn't support the law here. At this point we're going to go. Actually, my idea was to move out of the state and not show up, but my husband won't do that.

I just got some bad news from my attorney today. She had gotten me all excited about TPS for my husband. I could have told her he didn't qualify because of the date of entry, but I thought she knew something I didn't. She wrote me this:

Hello:

Unfortunately your husband does not fulfill the requirement for "Late filing". He had to be here continuously since January 5, 1999. He entered without inspection in 2002.

Here is the link:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=8b0f3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=8b0f3e4d77d73210VgnVCM100000082ca60aRCRD

I think the will deny his application, since he entered without inspection. When you receive the decision you will have 30 days to appeal and therefore I do not think that they will arrest your husband right there.

Sorry that I have not better news for you. Good luck and please, if you don't mind, let me know what Immigration decided. Thanks.

She's never been very optimistic. I just think a lot of attorneys don't want to deal with the complicated cases when they can make so much money from the easier ones. I don't know. So she doesn't show any interest to help us at all and neither do many of the other attorneys I've contacted. So we're going to show up and hope for the best. We don't have much of a choice since the attorneys who would "help" are out of our budget anyways.

He has no criminal background. We have an attorney, but I'm waiting to hear back from her. I emailed her on the weekend, so she may respond today. I've been reading about deferred action and prosecutorial discretion and I can't help but feel a little optimistic. Thanks.

A while ago I messed up big time and applied for adjustment of status for my husband under the Cuban Adjustment Act (I was simultaneously applying for myself). He's from Honduras, but entered ilegally 10 years ago. The CAA would apply to him had he been admitted into the US in any way. But he never has been.

Once I figured out I messed up I contacted an attorney who told me to cancel his I-485 asap. I did. Mine went through fine. I did receive a letter for my husband saying his case was canceled. Now I receive this letter (on Form G-56) asking him to appear for an appointment on 12-01-11 at 1:30pm. It says to ask for an "Immigration Services Officer" and the reason for the appointment is "Process I-485". It asks for the same evidence as they ask for the I-485 through a spouse. Basically, it's indicating as needing proof of marriage. It also asks for me to be at the interview with him.

I'm not a citizen and can't be one for another 2.5 years (my AOS date was rolled back 30 months). So this further complicates things since I can't petition him under the CAA because of non-admission.

Can he be detained and deported when he goes to this appointment? I'm confused as to why they didn't cancel everything. He never received the initial appointment, just this one. I'm so worried. I hate all this immigration #######...I'm sick of it.

This is all great info, thanks so much!

He has met Rosa. They met in person about 2 years ago, but didn't get romantically involved until about 6 months ago. She travels to Venezuela all the time to visit him.

My uncle's fiancee is a US citizen. He's a Cuban national living in Venezuela. He was on his way to the US with my grandmother in 1980, but everything got complicated when she died. He's been in Venezuela ever since and we just found him after 30-something years.

His fiance, Rosa, is living in California and was going over to Venezuela tomorrow to marry him this week. They've been dating for about 2 years, I think. The thing that happened is that you can't marry in Venezuela without a birth certificate and he does not have the original. He went to 3 places today and they would not take the copy. So they can't get married within the 2 weeks she will be there. My sister, who is in Cuba, was supposed to get his original birth certificate, but I haven't been able to get ahold of her.

So I was thinking of filing a I-129F for her since we don't really have another choice. Someone mentioned to me that it's faster anyways, as opposed to petitioning a spouse, but that seems a bit weird to me. Is this true? Because then we don't have to stress about his birth certificate. We're going crazy over this and the Rosa is calling me every hour on the hour to ask if I've heard anything, yet. I know I will not need his BC to file for a K1 visa because I have his passport and other identification.

Can someone give me a general idea as to how long it would take for him to be able to get into the US? Like if I send the I-129F tomorrow and everything was perfectly in place. I have everything that they'd ask for already since I was getting ready to file the I-130 for them as soon as they got married.

Another question is: If they get married while waiting for the K1 visa...what then? Would that complicate matters more?

I'll have to look more into asylum, thanks!

All I was able to get together tonight were a few medical bills with service dates, prescriptions that I fill monthly, my car tags, application for a car tilte that was signed by the seller/dealer. Very random stuff. I hope they take it because I have nothing else. I am a stay-at-home mom, so no work or school, don't go to church, and even medical records is difficult because I'm a naturalist, so I have few of those. I guess I can send in the tax returns, but I didn't think that would prove physical evidence because I'm included in my husband's taxes. I could have been anywhere.

Thanks for taking the time to answer all my questions. You've been more helpful than you know! Ugh, just having someone to talk to about this is awesome!

I just spoke to an attorney who said I can only apply for parole one year after having arrived. I did read something about extrenous circumstances, but I don't know if immigration not having any record would count...

Oops, I meant "asylum," not "parole." They said I could not apply for asylum after a year. I will speak with her more in depth about this at our appointment, Monday.

This attorney I found doesn't have any experience in the CAA. She said she's been practicing one year and hasn't had one case. But she's willing to help me and she was able to tell me to go to the CBP and write a letter, a FOIA (Freedom Of Information Act) request, for my records. She said that since I was inspected when I entered they would have this and it's also WAY faster (20 days) than USCIS. It's also a free service.

She said it was simple enough that I can do it myself or she could do it for $500. I looked up the information and wrote the letter and am sending it away right now. I'm also sending a letter to withdraw my husband's I-485.

And I'm not insulted at all. I totally understand. And thanks for all the help!

Let me ask something you might know. When USCIS asks for evidence of physical presence in the US for the past year, what exactly would they want? I can't just send in all my bills, can I? I'm imagining they want something like school or employment records, medical records, etc. I can't find anything. I haven't worked or gone to school. I was thinking of doing a few letters from my pastor and a couple neighbors, marriage certificate, and a couple other things I have.

I just spoke to an attorney who said I can only apply for parole one year after having arrived. I did read something about extrenous circumstances, but I don't know if immigration not having any record would count...

Here's that part about a rollback. I misread and thought it could be rolledback to when I was eligible, but now I see it's only to 30 months (2.5 years), which still leaves me with 2.5 years to be able to naturalize, no? I'm not sure what the time frames for that are. I guess it's only for the CAA. I thought it was for everyone.

(2) General Rollback Provisions . When adjudicating an I-485 under section 245 of the INA, the date of admission for lawful permanent residence is the date on which the case is completed, i.e., when the I-181 is signed off. This is not the case with an application under the CAA. When an I-485 is to be approved for a Cuban applicant, the alien's admission for permanent residence is thirty months prior to the filing of his or her application, or the date of his or her last arrival in the U.S., whichever date is later. Consider these example s:

• A Cuban national is paroled into the U.S. on March 1, 1986. On June 3, 1992, he files an I-485. When his application for adjustment is approved, his date of admission for permanent residence will be December 3, 1989. In this case, the applicant can be granted rollback of a full thirty months, as he was paroled into the U.S. over thirty months before filing for adjustment.

• A Cuban national is admitted to the U.S. as a nonimmigrant visitor for pleasure on January 10, 1990. On April 3, 1992, he files an I-485. When his application for adjustment is approved, his date of admission for permanent residence will be January 10, 1990. In this case, rollback of thirty months is impermissible, as the date of adjustment would precede the applicant's entry into the U.S.

The non-Cuban spouse and children of a qualifying Cuban applicant are entitled to the same rollback provisions as the principal alien. However, their rollback date can not precede the date of the qualifying marriage. Although this rule has been adopted as a matter of policy, it has no basis in statute or regulation. Rather, it is an application of the general principle that a benefit can not accrue to an alien before eligibility exists.

(3) Special Rollback Provisions Pertaining to “Mariel” Entrants . Between April 1, 1980 and October 10, 1980, approximately 125,000 Cuban nationals were paroled into the U.S. as a part of what is commonly referred to as the "Mariel boatlift." These aliens were given I-94s bearing the designation "Cuban-Haitian Entrant." A Mariel entrant is eligible to apply for the benefits of the CAA, and will generally receive thirty months of rollback as described above. However, a Mariel entrant who filed his or her application for adjustment of status before February 1, 1987, shoul d be granted "rollback" to his initial parole date in 1980.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-7638.html

I'm not going to touch the questions about the CAA. You need a lawyer with specific experience with CAA cases, and most of them are going to be in Florida. I suspect the reason you're not getting a lot of response from attorneys is because you're essentially asking for "pro bono" assistance. While some attorneys are very magnanimous about donating their time, they have a limited amount of time they can donate, and a long list of people waiting for a share of that time. You'll get some immediate attention if you can pony up some dough for a retainer. Reach out to family and friends for a loan.

You can apply for asylum anytime, even when they're dragging you to the plane after deportation. The reason more people don't do it is because a frivolous asylum claim can get you booted out of the US for good. It's unlikely they would determine an asylum claim from a Cuban national would be frivolous. BTW, when your asylum application is accepted you would be paroled into the US while awaiting the decision on the claim.

They can't retroactively change the date you become an LPR in order to expedite your eligibility for citizenship. I've never seen any provision in US immigration law that would permit this.

Thanks! I'm going to find out about asylum. The attorneys I've contacted here have not been for pro-bono, though I have offered bartering interpreter services. :/ I contacted someone from the Jorge Rivera firm in Miami and paid the consultation fee. They weren't able to help me. I'm not sure how experienced the attorney who answered the phone was because she had to go ask to be sure that my husband could not be paroled. I mentioned asylum, but she thought that wouldn't fly. But at the time I didn't know that my I-94 would be denied.

I'm going to speak with an attorney today, do you think it's essential that they be in Florida?

I think the thing with the date can be done because when I mentioned it to the Jorge Rivera people she said, "Now that, yes, it's possible." I only know about it because it's in the I-485 form and then got curios and went to research it.

Thank you so much. I have contacted two of my schools and hopefully they can come up with something. One school can't figure out where the records are (private school), but they are still searching, and I had to send a form out to the other. I hope they are able to help. I called USCIS and the lady read somehting that said they do not extend. She said to send in what I have for proof of a year's presence and write them that I will send it my I-94 when I have it.

I have another question and it's by far more important that I figure this out. I have contacted attorneys about this here and they can't help or aren't responding to my calls. I also contacted the Catholic Org for help with immigration and they responded once, and never again. My pastor has asked several attorney's he knows, but not one has responded. The one that said they'd get back to him never did. So I feel like a nag lately, but we've had the worst luck with this.

The thing is that I thought that the CAA would allow my husband to adjust. I was wrong. It does allow the spouse of a CU6 Cuban, which I am, to adjust, but they have to have entered legally (inspected and admitted or paroled). Everything about the CAA applies to the spouse, including that it doesn't matter what port of entry or how they entered or whatever. So it does apply to him. The thing is that there is that part about having to be paroled. I as a Cuban can get paroled whenever, but there is nothing to allow him to get paroled. Although I've read there is a way, but can't find anyone to help me or guide me.

I didn't know this in March and when I read the CAA I figured there would be some way he could be paroled. I should have found out about that first, but I thought that applying for the I-94 was the way to do this. Those wheels are rolling now and they can't be stopped. I just want to know if you have any insight on how this will develop. Will he get deported? Ordered to go to court? What normally happens when someone's I-485 gets denied and they are here undocumented?

The other thing I'm trying to find out is if I can apply for asylum and he would be able to apply with me as my spouse? I know if I was able to get asylum he'd be able to follow. I just don't know if I can request asylum after being here so long. I've been wondering if USCIS not being able to find my records actually works in my favor... I know I'm grasping at straws here, but I'm desperate, as I'm sure many here are.

Do you think there is any way that if I get my greencard and rollback the date so I can naturalize immediately, if there is any way he can adjust in the US? I'm sick and can't work. I have no clue what I'd do if he had to leave, even for a few months.

Sorry for the million questions. I really do appreciate it.

I never had to present that document anywhere. Well, in school when I was little, I think, but that was decades ago. I will ask my mother if anyone might have a copy.

Would my mother's records have my information since I arrived with her when I was 5?

I had a friend in immigration (my ex-husband's friend, actually) tell me that he tried looking for my records and that they were "sealed." I don't understand why they'd deny me my I-94. Since I entered in 1980 they'd have to have some record of that, right? Or should I have asked for an initial I-94? I barely have any time left and have no clue what to do. My pastor is asking a friend of his who is an immigration attorney, but it's like you say I should probably contact someone in FL. I already paid a consultation fee for one in the Jorge Rivera firm, but they said they couldn't help me with my husband's case (he entered without inspection and we were trying to adjust with the CAA, so that's another mess). Maybe they'll put that consult fee toward legal fees...

Thanks for the help! : )

Why was my thread moved? Not that I mind, but I just don't get why it was moved here. I'm not applying because of a work, tourist or student visa. But as a Cuban refugee.

I had posted in the other forum because my husband is trying to adjust through me, thus family based.

In any case, I guess it's all the same. I was just a little lost when I couldn't find my thread. : )

They're saying they can't verify that you were admitted or paroled into the US, and the documents you submitted aren't sufficient proof. You should start by talking with your mother and see what other documents she might have from that time.

She/we have nothing. Immigration actually kept our passports and everything when we entered. All I had was an old parole document and I lost it. I have no copies of it, either.

Is there a way to ask for more time so that I can figure out what to do?

When my mother adjusted they gave her back her passport, but not mine. And in her passport it says nothing about me.

I'm not sure where to post this. I'm applying for my green card through the Cuban Adjustment Act. In March I sent all the paperwork away including my I-102 form for my I-94. I got back a letter that says:

"On June 2, 2011, you submitted correspondence, your marriage certificate, child's birth certificate, divorce decree, birth certificate, and a copy of your mother's passport. The evidence submitted adn a search of U.S. Citizenship and Immigration Services (USCIS) records fails to verify the applicant's arrival in the United States as claimed."

Would this mean that I have to reapply for asylum? I entered in 1980 with my mother when I was 5.

Also, the I-485 people are asking me to send in supporting documentation. My I-94 is one of the things they are asking for. I do not have it. They gave me 80-something days to send in the information and this time ends on June 24th. So I need to figure this out ASAP! I'd HATE to have to reapply again. How can I apply for them to give me extra time? I need a LONG time to get this figured out. I was hoping for at least 6 months to be sure I can have everything they are asking for for my husband. Our application process was extremely difficult and I don't want to lose what we've started, especially for me.

Thanks!

Hi,

I have a friend who entered as a child with her parents, EWI. I believe she's been here since the 90's...can't remember exactly when. She doesn't have any type of criminal history or arrests. She recently had a baby with her fiance and they plan to marry soon, but do not know if she has a chance to adjust status and they're not sure how to go about things. She will probably check in here because I told her how amazing and resourceful this forum is, but I wanted to give her a head start and get some info for her.

Can he file for her before they marry if she's already in the US?

How long do they have to be married before he files?

When he files the I-130 does that have to be filed with the I-485? Or can she get EAD before she tries to adjust?

Does it help her that she entered as a child? Are they able to give her EWI status even though she was underage when the "crime" happened? Would if matter if she had nowhere to go in Mexico? Is there a possibility that she can adjust and not have to go to Mexico for the interview? She has a newborn she would have to take with her, too. Would it be better if she left the baby (Not that I think this is even an option). They have no money for an attorney, so I'm hoping they can get some help here.

Thanks!

Hi,

I've been desperately searching for information online, but haven't found anything. A couple years ago I entered my form I-130 to bring my sister to the US from Cuba. I did this through my mother who is a US Resident. I just received the letter telling me to call the number for the US interest section in Cuba to make her appointmnet. I've called the number and the first time around I couldn't make the appointment because I didn't have her passport info. I actually did, but got nervous looking for it on my computer. At that time they were about to schedule an appointment for Feb 26, 2013. That seems like too long to me and I feel I might be doing something wrong with the filing. We know two people who took this route and applied AFTER us and they already got their appointments for this October. Of course, they have attorneys. I'd appreciate any and all info about how to get an appointment sooner. Would a visitor's visa be faster?

Another thing I'm wondering about is this "Carta Blanca." I've read that it can be over $800 per person to get that in Cuba. I have 4 people coming over, my sister, her 2 daughters, and granddaughter.

My niece turned 21 during the process and I know about the Child Protection Act that helps her to keep her minor status, however, during this time she also got pregnant and had a daughter. I'm wondering how this is going to work or if they will have to stay because of her daughter.

I've read about rushing the appointment for medical reasons, but have no clue what those reasons can be. I have health issues and A LOT of stress. My mother and I have been searching for my sister forever (we havne't seen her or known where she was for the past 32 years). 15 years ago they told us she was dead when my mother sent someone to Cuba to find her. Her father told them that she was dead and of all the horrible things he could have said he invented that she was murdered by a crazy boyfriend. We recently found her a couple years ago by some crazy freakish accident and have been trying to bring her over here ever since. I have health issues, like I said, with my thyroid and anxiety (I was recently put on Zoloft) because of this. I don't know if this is enough to use the medical excuse to get a faster appointment.

I appreciate and help. Thanks.