My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help.
Did she ever violate the terms of her visa or remain in the U.S. after period of admission ended? Is her husband a USC or LPR? If her husband is an LPR and she has illegal status, she has no chance. What is your status? LPR, USC, or non-immigrant?
My daughter's husband is a US citizen. No, she did not violate any of the terms of her visa. She has good moral character, just graduated from college, and in grad school. I am a permanent resident.
Originally posted by hannah_dreams: My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help.
Is your son-in-law a USC. I notice he was petitioning for your daughter. I am assuming this is the adjustment of status.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4) shortly after entry as tourist. However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (She was no longer H4, too). A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case?
My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband, a US CITIZEN, has a petition that is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (SHE WAS NO LONGER H4 TOO). A few months later after that, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case?
Originally posted by hannah_dreams: My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4). However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed. A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case? Thank you in advance for any help.
Is your son-in-law a USC. I notice he was petitioning for your daughter. I am assuming this is the adjustment of status.
Yes, it is. She did NOT go out of US soil. But they were in Patagonia, near the border, ..so the ICE conducting random checks there stopped their car, I guess, and since they could not find her on their system (NOR pending, USCIS in Las Vegas said NOR is forthcoming..), they detained her.
Originally posted by hannah_dreams: My daughter was detained in AZ while visiting her father-in-law with her husband. Her husband's petition is still pending Notice of Receipt, FOR MORE THAN A YEAR NOW. She didn't enter the country illegally -- she was my dependent (H4) shortly after entry as tourist. However, when I got married and eventually my husband petitioned her, she was already 18 years old at that time. So, the petition for her failed (She was no longer H4, too). A few months later, she married her long-time boyfriend. They have been married for 2.5 years. My question is: what would most likely be the immigration court's decision on her case?
You will need to present a receipt from USCIS in Las Vegas that an I-485 has been filed. there could ba several reasons why it has taken this long, but I do believe an attorney would be a prudent thing. Also, have your son-in-law provide a synipsis of what issues that USCIS maybe looking at. But it is hard to what immigration court would say.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Thanks. The receipt that you are talking about --- is that the Notice of Receipt, or something else? I believe that Nevada files are sent to Chicago...
Originally posted by hannah_dreams: Thanks. The receipt that you are talking about --- is that the Notice of Receipt, or something else? I believe that Nevada files are sent to Chicago...
Yes.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
are you a real post or is this extension of fun from som and halflife. I notice that you keep posting this thread all over.
In case you are real.... the question that needs to be answered is...
What paperwork exactly was filed for your daughter by her usc husband?
It does not sound like there was an adjustment of status paperwork filed. I-485, 325A, I-765 etc. Even in the slowest service center these days, adjustment is not taking that long in family based.
It sounds like maybe only a I-130 was filed, hence not being able to find a pending app in the system.
You sound like you do not have the facts/or do not understand so I suggest that you have the same lawyer that helped you adjust your status investigate what paperwork was filed on your daughter's behalf and find out what is taking so long for the adjustment/interview to be completed
It appears that the poster is lying. She wants help for her daughter who was arrested. Unfortuneately there is no hope for her. She will be placed in removal proceedings and deported.
She can apply for an immigrant visa and a waiver based on her marriage to a USC at the American Embassy/Consulate having jurisdiction over her place of residence and citizenship.
It is disapointing that people asking for help are lying.
Illegals who apply for adjustment as spouses of USCs don't spend two years waiting.
I even doubt that she was an H-4/adjustment applicant who was denied, at least not from an H-4. Most likely it was a B-2 overstay. Or even more likely an EWI. Nothing in this story makes sense. She could not even get the arresting agency correct, much less give us any information from the I-213 and NTA.
i don't know how you can accuse someone of lying so easily. All the info I have given here is true. We were probably a victim of an incompetent atty who has been assuring us that the NOR is on its way, and that the reason for the delay is the volume of filings to beat the increase in filing fee. I hope you wouldn't be too rash on your pronouncements. People are hurting, be it because of the actions of some, or their own ignorance.
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