AWA: 3 years married, no greencard yet

[kazuava 4]

Hello for everybody!

Let me tell my sitution friefly and ask your opinion or advice.

I was on visitors visa in the US when merried my husband in October 2006, by now we even have 2 years old daughter together...

My husband falls under AWA. Our first petition was denied because of "refusal to comply" (we didn't met 30 days dedlines to send certified copies of polis records, court dispositions, etc. we were requested on interview). Soon I will have 3rd deportation Master hearing, 2 others were reset because of pending 2nd case (about 2nd case in just a second).

After denial our lawer advised us to reaply sending all those records with our new petition. Since then 22 months passed and we haven't got a desision yet. We had interview 4 months ago. THe officer who held interview stated that she doesn't qwestion out marriage , but need profe that my husband is "an examplary citizen and not a threat to anybody" and she will send us a letter saying what kind of a profe she wants. His interview was an hour, milne- 5 minutes she and didn't ask ANYTHING wich can be used to determine if he a threat to me. She didn't ask about our life together either. Only if I knew about it and a few questions about myself only. Before letting me go, she took my passport to make a copy like she said "to close the case". Such an approach worries me.

Like I said, she haven't sent us any letter requesting for information so far.

We recently sent a letter to Director of our sate USCIS. Letter basicly explaining current situation, long wait, positive things my husband did cince his crime (which expired 12 years ago), everything can be verifeed with his ex parol agent. Also we were asking to send a request for more profe or grant I-130.

We sent a letter a few days ago, so no update about it yet. A couple of days ago I found this website and I was surprised to see that there are a lot of cases involving AWA. I saw a list of documents some people used to prove that they are "not a threat", that is an extremely usefull! Thank you SO MUCH fo sharing your experience!

But here I have a few questions.

Guys, did you send all supporting dociments (polygraph, statements...) by yourself, without a request of USCIS or you waited for Notice of Denial?

My husband never was ordered for tretment, so he can't give a record of its sucsessful completion. DO you think that may be a problem, or a letter from private psychiatrist is enough?

Let me ask those who had to go through it: how much did it cost you to obtain a statement from psychiatrist and is it done in one session or over period of time? How mush is a polygraph?

In general, what do you think? Why does it takes so long or that is normal? Like I have said, it had been 22 month.

And just a last comment. I think that is funny. They denied me 1st time and taking their time 2nd time because he is supposely a threat. Meanwile me and our daughter have been leaving with "a threat" for over 3 years olready, being totaly dependend on him (my work permit was revoked and 2nd time I haven't applied for it because baby was only 4 months then and we were short on money at that time. Of, how much I regret now! Also I can't get drives lisence, well, I drive anyway...). Just... Nice way to be protected, I guess.

Sorry for the long post and GREAT THANK YOU for any replies. Good luck!

[C0881 2]

I like your last 2 paragraph saying that if they are worried that your husband is a threat to you how come it took them almost 3 years to process your case and yet not able to make a decision. You and your child would have been living with a threat for 3 years if your husband is really a threat. I totally agree with you.

When we submitted our paperwork, we included the standard forms and on top of that the certified court records, recent psych report (3 months), letter (affidavit) from me stating that he is not a threat to me and a detailed narration of our love story, letters from friends, etc. But we did not submit a polygraph because money was tight. We did hire an immigration attorney from a non-profit organization though. Most psychologists we contacted wanted 4-figure prices for the psych report. But we were lucky to find one for 3-figure...

So far we have not received any request for evidence from USCIS in the mail. When we submitted the paperwork at the beginning, the lawyer recommended us to submit all of them and avoid counting on USCIS to send us the request for further evidence, because its not guaranteed that the USCIS would send us the RFE. If evidence is not sufficient (at least the listed ones they need), there might be a chance for the application to sit there with them for years without any actions or decisions. Our previous petition for a different visa was like that for 3 years.

I am worried after reading your story. I am scared that USCIS won't renew my EAD next year if they do not give us a decision on my adjustment of status application. I really think that the applicant or beneficiary should be allowed to work while the case is pending but hey who knows what the US government is thinking.

[A and T 82]

Hello for everybody!

Let me tell my sitution friefly and ask your opinion or advice.

I was on visitors visa in the US when merried my husband in October 2006, by now we even have 2 years old daughter together...

My husband falls under AWA. Our first petition was denied because of "refusal to comply" (we didn't met 30 days dedlines to send certified copies of polis records, court dispositions, etc. we were requested on interview). Soon I will have 3rd deportation Master hearing, 2 others were reset because of pending 2nd case (about 2nd case in just a second).

After denial our lawer advised us to reaply sending all those records with our new petition. Since then 22 months passed and we haven't got a desision yet. We had interview 4 months ago. THe officer who held interview stated that she doesn't qwestion out marriage , but need profe that my husband is "an examplary citizen and not a threat to anybody" and she will send us a letter saying what kind of a profe she wants. His interview was an hour, milne- 5 minutes she and didn't ask ANYTHING wich can be used to determine if he a threat to me. She didn't ask about our life together either. Only if I knew about it and a few questions about myself only. Before letting me go, she took my passport to make a copy like she said "to close the case". Such an approach worries me.

Like I said, she haven't sent us any letter requesting for information so far.

We recently sent a letter to Director of our sate USCIS. Letter basicly explaining current situation, long wait, positive things my husband did cince his crime (which expired 12 years ago), everything can be verifeed with his ex parol agent. Also we were asking to send a request for more profe or grant I-130.

We sent a letter a few days ago, so no update about it yet. A couple of days ago I found this website and I was surprised to see that there are a lot of cases involving AWA. I saw a list of documents some people used to prove that they are "not a threat", that is an extremely usefull! Thank you SO MUCH fo sharing your experience!

But here I have a few questions.

Guys, did you send all supporting dociments (polygraph, statements...) by yourself, without a request of USCIS or you waited for Notice of Denial?

My husband never was ordered for tretment, so he can't give a record of its sucsessful completion. DO you think that may be a problem, or a letter from private psychiatrist is enough?

Let me ask those who had to go through it: how much did it cost you to obtain a statement from psychiatrist and is it done in one session or over period of time? How mush is a polygraph?

In general, what do you think? Why does it takes so long or that is normal? Like I have said, it had been 22 month.

And just a last comment. I think that is funny. They denied me 1st time and taking their time 2nd time because he is supposely a threat. Meanwile me and our daughter have been leaving with "a threat" for over 3 years olready, being totaly dependend on him (my work permit was revoked and 2nd time I haven't applied for it because baby was only 4 months then and we were short on money at that time. Of, how much I regret now! Also I can't get drives lisence, well, I drive anyway...). Just... Nice way to be protected, I guess.

Sorry for the long post and GREAT THANK YOU for any replies. Good luck!

I think you might need to hire a lawyer that specializes in immigration, if you have lived with him 3 years, that should be proof enough. I think you might could even file a lawsuit if you provide them with everything requested and it still goes no where.

Any decision between 2 adults should not be the place of the government to try to tear apart a marraige/loved ones

[kazuava 4]

I like your last 2 paragraph saying that if they are worried that your husband is a threat to you how come it took them almost 3 years to process your case and yet not able to make a decision. You and your child would have been living with a threat for 3 years if your husband is really a threat. I totally agree with you.

When we submitted our paperwork, we included the standard forms and on top of that the certified court records, recent psych report (3 months), letter (affidavit) from me stating that he is not a threat to me and a detailed narration of our love story, letters from friends, etc. But we did not submit a polygraph because money was tight. We did hire an immigration attorney from a non-profit organization though. Most psychologists we contacted wanted 4-figure prices for the psych report. But we were lucky to find one for 3-figure...

So far we have not received any request for evidence from USCIS in the mail. When we submitted the paperwork at the beginning, the lawyer recommended us to submit all of them and avoid counting on USCIS to send us the request for further evidence, because its not guaranteed that the USCIS would send us the RFE. If evidence is not sufficient (at least the listed ones they need), there might be a chance for the application to sit there with them for years without any actions or decisions. Our previous petition for a different visa was like that for 3 years.

I am worried after reading your story. I am scared that USCIS won't renew my EAD next year if they do not give us a decision on my adjustment of status application. I really think that the applicant or beneficiary should be allowed to work while the case is pending but hey who knows what the US government is thinking.

tHank you, cls0881 for a warm reply!

I don't think a renuval of your work permit will ba a problem as long as your case is pending.

I have read your story in your profile. That is perfectly normal what they sent your husband for fingerprints. I was digging on line and found USCIS step-by-step prosedures what to do in case of AWA petitioner. I know, if you stated the fact of ex sex conviction why bother to do that? But no, thay have to confirm the fact through FBI check and get the basic of his case...

http://www.californiaimmigrationlawyerblog...dam%20Walsh.pdf

Hopefully, after revviewing all of it, they will sent you an interview notice promtly. Theoretically, they should treat you normal, may be reqwest a few more things, but get moving anyhow! And I trully wish you that! THat is a problem with my case, that they stall! I also read about your 1st petition which you wisdraw later. I hope this one will get moving!

I'm really curious, those people who got approved, did they USCIS do their job, or they had to push evidence and etc themselve?

YOu sent some evidence. that is good, We also sent police records, our lawer said that was enough at that time.

What I hope, is our letter to a director of USCIS will get them moving. If not, in Feb I have Master hearing again (deportation after denial of a 1st case), and the judge will not like that he will have to reset a hearing for a 4th time for not a very good reason. Deportation court can't do a hearing on me untill my 2nd case is pending, thay are waiting for the results. I hope, that will do something. On my last hearing judge was not happy with USCIS taking such a long time.

We have a lawer, supposely a very good and experiensed immigration atterney. I don't know... He recomends to wait and for some reason recomends NOT to ask for individual hearing when we are next time in court... I don't know his reasons, but that is deffenenly not money, because it would cost us about 10000 for him to represent us there. (I hope it will never get to individual hearing either. We don't have such a money, espessially with me not working for all that time and a baby.)

You have your work permit that is so good! YOu will be able to prolong it, I'm sure.

Did you get your drivers license? I'm curious, because now they do an exparation date on drivers lisenses for non-citizents in my state. The date is when visa expires. What was with you DL? Or Michigan doesn't do that?

(If it doesn't I should go there and get one! DMV in Minnesota doesn't want to issue me DL because my J1 visa expired 3 years ago)

[kazuava 4]

I think you might need to hire a lawyer that specializes in immigration, if you have lived with him 3 years, that should be proof enough. I think you might could even file a lawsuit if you provide them with everything requested and it still goes no where.

Any decision between 2 adults should not be the place of the government to try to tear apart a marraige/loved ones

As far as I know, we can file to a Federal Court now, but that is VERY expencive. The filing fees are small, but the lawers will charge a lot of money for something like this.

Other than that... Our lawer says (he is an immigration lawer, supposelly a good one), not much can be done right now which will get the result. He told us to write to a director of the USCIS and include a copy of a letter to an Immigration board (I think that is it, not sure, need to ask my husband tomorrow). We should get some reply.

And he thinks that deportation court can kick USCIS moving, because they will not be happy to reset master hearing all the time for not a good reason (USCIS inaction is not a good reason) and my case nay be closed in court, meaning victory to me in the very best case.

But, however, so far he recomends to wait (my next court is in Feb).

I myself would prefer more active actions, but the lawer himself calls it waisting money! That slows me down.

Is there anything can be done without filing lawsuits?

Edited December 23, 2009 by kazuava

[C0881 2]

Kazuava, I don't have a driver license because I have not learned how to drive since I came. I only applied for a state ID card. It's gonna be a long wait after my husband does his fingerprints. Our lawyer told us we might have to wait for as much as 2 years to hear a decision. If USCIS moves faster than that I would definitely update you guys here.

I hope your hearing in Feb goes well.

[kazuava 4]

Kazuava, I don't have a driver license because I have not learned how to drive since I came. I only applied for a state ID card. It's gonna be a long wait after my husband does his fingerprints. Our lawyer told us we might have to wait for as much as 2 years to hear a decision. If USCIS moves faster than that I would definitely update you guys here.

I hope your hearing in Feb goes well.

2 years... A long wait, but seems that is invitable. I wish you to be strong and have a good result in the end!

You mentined bebore, you got a layer from a nonprofit organization. What is it? Do you like him? Do you think it's worth spend money on private lawyer? Is he recomending to do anything, or wait first for USCIS action?

Sorry, again a lot of qwestions

P.S. Merry Christmas and happy New Year!

[Bad_Daddy 2,209]

I would look into getting an attorney. The immigration people seem to be screwing people around a lot lately.

[C0881 2]

We hired an immigration attorney from International Institute of Metro Detroit. Cause we live in Michigan.

So far we like him because he is giving honest advice and the organization charges a reasonable fee.

He does not give us a lot of hope but he will help us appeal in case of denial. He knows it's a difficult task and he did his homework. We submitted every evidence we could according to his advice.

I am not sure if it's worth spending money on a private lawyer. Most of the private lawyers we talked to, in Michigan and Chicago, are not familiar with the AWA effects on petitioners. yet they want $1700 - $3000 for filing, excluding the fee for an appeal. We could not afford that budget. So we went with IIMD.

I did a search on International Institute of XXX and found that there is an International Institute of Los Angeles. Their website:

http://www.iilosangeles.org/immigration.htm

Looks like they are non-profit

I am not associate with them. Hope this helps you.

2 years... A long wait, but seems that is invitable. I wish you to be strong and have a good result in the end!

You mentined bebore, you got a layer from a nonprofit organization. What is it? Do you like him? Do you think it's worth spend money on private lawyer? Is he recomending to do anything, or wait first for USCIS action?

Sorry, again a lot of qwestions

P.S. Merry Christmas and happy New Year!

[tel_raider 0]

my husband was convicted of stalking and indecent exposure..would i still get a chance of being approved after the things we submitted like counseling, community service in the dump site for 40 hours, community service in the church and a letter from me and his friends and pastor stating that he pose no harm or risk on me, on january 18 it will be a month old since we submitted every paper work that they need and the good thing about it, we were able to beat the deadline.. i suffered sleepless nights thinking about my greencard..pls help me..

[kazuava 4]

We hired an immigration attorney from International Institute of Metro Detroit. Cause we live in Michigan.

So far we like him because he is giving honest advice and the organization charges a reasonable fee.

He does not give us a lot of hope but he will help us appeal in case of denial. He knows it's a difficult task and he did his homework. We submitted every evidence we could according to his advice.

I am not sure if it's worth spending money on a private lawyer. Most of the private lawyers we talked to, in Michigan and Chicago, are not familiar with the AWA effects on petitioners. yet they want $1700 - $3000 for filing, excluding the fee for an appeal. We could not afford that budget. So we went with IIMD.

I did a search on International Institute of XXX and found that there is an International Institute of Los Angeles. Their website:

http://www.iilosangeles.org/immigration.htm

Looks like they are non-profit

I am not associate with them. Hope this helps you.

Hello cls0881 and other guests!

THank you for info!

I'm sure in the end result you will get your green card! Hopefully, sending proff right away will save you from denial, otherwise, I have a feeling after reading posts on this web sites, petitions gets approved, but unfortunately people have t go through a lot of trouble. But... what can you do? AWA prohibiting from applying for wifes, and other family bases petitions has not much to do with protecting children (when there are children it,s different), but what is more unfare is time USCIS takes to get any kind og desision on those cases or simply move to a new step, like send interview notice!

As for me, I would prefer to get denied, then wait for so long.

My husband and lawyer say that USCIS can stall it, but if case gets to court (denial), it's easier to get it approve there.

What I whant to say to everybody, in case somebody gets denied and deside to reaply, like we did... For God sake, file for work permit! We decided to save and filed only I130, to get my husband approved as a petitioner, which is the biggest trouble in AWA cases, but nobody knew how long would it be. And I really want to work, but I can't apply for work permit untill I130 is approved. I could be working those 2 years!

At the same time not sure if reaplying is good idea. Lawyer said they didn't have base to deny, reaply and we will get approved, it's cheaper and sooner they to go through courts system. Well, it took a YEAR to get invitation to deportation courts, but even longer to get interview on our 2nd case.

As for private lawers, I agree. Our lawer is one of the best in our state in immigration law (we didn't use a lawer when filing, only after denial) But he doesn't have any AWA experiense.

He says it's wrong, they didn't have basis to deny, case will not hold when it goes to court, that's why USCIS stalls it, or they would deny us long time ago. And he recommends to wait, we will get approved. He also was sure we get approverd before I get court papers. He looks as things as they sould be, but AWA petitioners are a very spesial group... They a treated like s...t. I don't think USCIS had been deciding if my husband is a theat to me for 2 years. That is when they say their prosessing tomes are 5 month for I130.

Summarizing, I didn't see denied cases on forum, I have seen approved and they were people like you, who submit profe! I wish you luck! (I do think it's sort of luck - to get a decent, thinking person to prosess your case, not like those I had to meet. So pray for that!) But what I see the most is wait and a lots of wait.

I don't think the court will be the worst thing! It may cost a lot, but judge have to consider a AWA in a whole picture with Constitutuin, Bill of rights, and many other laws. Judges are aware of the arguments around AWA and they decide upon USCIS case, not doing judging upon all SO. The lawyer will represent a case and will not let unfare treating happen.

Also, I'm thinking about writing to http://www.ci.northfield.mn.us/government/...ightscommission

and http://www.aclu-mn.org/issues/immigrantrights.htm

there is a very interesting resource: http://sosen.stormnow.net/index.php?option...1&Itemid=11

I will keep you posted!

Edited January 8, 2010 by kazuava

[kazuava 4]

my husband was convicted of stalking and indecent exposure..would i still get a chance of being approved after the things we submitted like counseling, community service in the dump site for 40 hours, community service in the church and a letter from me and his friends and pastor stating that he pose no harm or risk on me, on january 18 it will be a month old since we submitted every paper work that they need and the good thing about it, we were able to beat the deadline.. i suffered sleepless nights thinking about my greencard..pls help me..

Tel Raider, I assume that all of it was against minors and falls under AWA.

YOu have said you managed to beat the deadline? Congratulations! So, I assume, you were invited on the interview? Could you give more info about your journey? When did you apply, what steps were taken since?

As for your qwestion, you submitted it only month ago. USCIS isn't that qwick even with the very good and clear petitions. So, hate to tell you, but be prepare for wait. Don't waist your energy on worrying! That's not going to help! You have done all you could and did it good, you met the deadline!

Read my last post to cls0881. You may find something interesting for you to!

What is your lawyer saying?

[kazuava 4]

I would look into getting an attorney. The immigration people seem to be screwing people around a lot lately.

Hello, Why me!

Could you tell what do you mean by "screwing people around a lot lately"? DO you have some facts to share?

What do you think can lawyer do at that point? (file in fed court isn't an option for us)

Thank you.

[tel_raider 0]

kazuava, im on a tourist visa too, last march 24, 2009 we filed for an adjustment status and submitted all papers needed. yes, i was able to have a decent interview with an immigration officer.the interview went pretty good, no doubt of a bonafide marriage, and he even disclosed to me that my husband was guilty of stalking, violation of protective order and indecent exposure. i know everything right from the start before we got married anyway. sadly, that officer didn't even approve us. 3 weeks after, he called me up and sent me a letter stating that "he wants all my husband's court despositions,hearings, arrests and police records within 30 days, certified. my husband ran around the county trying to sacrifice his job to get all the papers and running after time. luckily, we were able to beat the deadline. after a month and 15 days, we received a letter from the uscis stating that my husband's convictions falls under AWA. luckily, we were able to beat the deadline again. right now, i have my ssn and my work permit. i struggled a long way thinking bout my green card everyday and even suffered when i was reviewing my nursing test and luckily passed it, i am now a registered nurse with bunch of interviews this month. i can't even concentrate sometimes. i am just asking God to grant my green card. we did not submit a polygraph test, it costs too much, would i still get a chance to be approved????

[kazuava 4]

kazuava, im on a tourist visa too, last march 24, 2009 we filed for an adjustment status and submitted all papers needed. yes, i was able to have a decent interview with an immigration officer.the interview went pretty good, no doubt of a bonafide marriage, and he even disclosed to me that my husband was guilty of stalking, violation of protective order and indecent exposure. i know everything right from the start before we got married anyway. sadly, that officer didn't even approve us. 3 weeks after, he called me up and sent me a letter stating that "he wants all my husband's court despositions,hearings, arrests and police records within 30 days, certified. my husband ran around the county trying to sacrifice his job to get all the papers and running after time. luckily, we were able to beat the deadline. after a month and 15 days, we received a letter from the uscis stating that my husband's convictions falls under AWA. luckily, we were able to beat the deadline again. right now, i have my ssn and my work permit. i struggled a long way thinking bout my green card everyday and even suffered when i was reviewing my nursing test and luckily passed it, i am now a registered nurse with bunch of interviews this month. i can't even concentrate sometimes. i am just asking God to grant my green card. we did not submit a polygraph test, it costs too much, would i still get a chance to be approved????

hello, tel_raider. reading your last post, the 1st thing comes in mind, be patient. YOur case is going through the typical AWA senario. Now, cince they determined that your case falls under AWA, they will have to make a decision if HE is a theat to you. The good thing is, that so far your case was moving pretty fast. But now you are at a critical stage. You are also at the same stage I am. We sent all courrt capers and so on WITH our petition. At the interview, IO spent most of the time going through those papers with my husband and, apparently half of then were missing, so she was taking our copies, we had with us...

My interview was 5 months ago and IO said she will send us a request for what she thinks is a proff of my husband being not a threat to me (those papers are not a proff, they get IO an adea about what happened in your husbands past).

And the reason I went to this forum was to find out from those AWA petitioners who got approved, if they sent proff by themselve or they where waiting for USCIS sent a letter requesting it. Unfortunatelly none of those people reply.

They already accepted your petition, evaluated it and stated that it's under AWA. Thay can't deny you just because of it. But now there are decisions to make: wait for any kind of actions from USCIS, thinking, that eventually something going to happen and USCIS is a serious organisations and they will not have cases pending forever, or act yourself.

Act yourself, means to sent all proff you can. But here you have to be carefull, because AWA petitioner has only one attempt to prove he is not a threat. And, that is scary. You would think, that if you send not enough, USCIS would simply ask for more, but I'm afraid that they may simply deny, using that as a cause (like, well, you havent proved for us anything.... F..k you.).

Readung through forum, I have seen people proving themselve not a threat. What they sent is impressive. Yes, they did polypraph too. So, if you decide to act first, make sure you treat it seriously.

Otherwise, wait, live your life (they haven't deny your already, they will not too. With all that mess, they still need to state why thay are denying you. Just because your husband is AWA petitioner is not a reason. That is why USCIS changed their policy to NOT accept AWA petitions an a 1st place, because after accepting, things complicate. I thing, that is why AWA cases are on hold for such a time, because that is not that easy to deny, but they are undesirable for processing... Here I have to say that I saw a recent post of a guy who were denied. I really want to write him, I wonder what is stated in a reason for denial. In my denial it was "refusal to comply", when we missed deadline, but not AWA itself. It can't be!)

So, the worst what can happen it a LONG wait... And I mean LONG... You have your work permit and nurse licence. CONGRATULATIONS!!! I know, it's sounds hard but you will get used to a day going after day with no news... That's why, don't get crazy. You can do everything what a person with a green card can, and in a year if you have to, you can renew you work permit.

So, for now, I thing just wait. But it may make sence wait with perpose: save up money for expensive evaluations, work on gathering proff, get in touch with those who got approved! Consult your lawyer about if to send proff on your own.

Another thought PRO sending proff yourself is, that in USCIS guidelines states that the burden is on AWA petitioner to prove he is not a risk (crazy, even murders are assumed to be innosent untill proven guilty in court. And to prove theirs guilt is a prosecutor duty!). What is unclear for me is will we, you, somebody else ever see a request for that prove, or our cases are going to be pending for undefinite time?

That is a ? for your lawer, but I want to hear also from people who went through it!

Our lawyer recomends to wait, but my case is still differend then yours, because I have this courts hearing going on, and I saw that judges were unhappy to keep resetting them. So, may be that will make USCIS move. Otherwise, we have faith in law suits if we have to go through them. Lets say I got denied 2nd time (not yet ), then Master hearing on the 1st case will finally not reset, but held. On it individual hearing will be set and that is where we ARE GOING TO WIN IT!

Reading through forum, 90% of cases like ours are pending. That's why, with your lawyer help it may be a good idea to send proff of him not being a risk for you on your own.

So, don't act like the worst had happened. What state are you at? In my state I found a polygraph place for less then a 1000. Set a goal for 10 000 to save. With your work you can! Put yourself together and make it through interview! 10 000 Enough for all proff. More than enough. And hopefully in the end you will not need to spend it all on it on this #######!

I will keep your posted!