HELP!!!! My daughter-in-law's green card application was recently denied and she faces deportation to Germany. Her original green card was filed under her parents (as a dependent of them), but now their renewal green cards have been recently denied due to their business financial problems. So my daughter-in-law filed for her own green card under her husband of almost 4 years. The problem is: Her husband (my son) has a ***-OFFENDER STATUS...and her green card application has been denied because of that fact. (My son had made some poor choices back in 2001 during a deep depression while separated from his first wife/ He had a brief relationship with an underage girl and her mother charged him with statuatory 'rape'.) My son got 5 years probation, which he has finished serving with no problems, and has since reformed himself through much Bible study and is now a well-respected person in this community. He is NOT a 'threat' to anyone, but is being treated as such! He is having a letter written from his Counselor from when he went through professional therapy, but that's all we will have to send in as proof of his rehabilitation. It is now my son's prior labeling of being a '***-OFFENDER' that is causing so much trouble with my daughter-in-law's application for her own green card. We love our daughter-in-law very much and she and my son are very happy. They cannot afford an attorney. Do you think they will need one? Do you think it would help if any personal 'letters of character reference' were sent? Do you have any other suggestions? Thank you... PLEASE, CAN ANYONE HELP???

Need some clarification here.

When you say original green cards. Are you saying the two year conditional green cards?

Assuming that being the case. If she has been married for four years to your son why didn't she apply for the conditional green card to begin with based on marriage instead of relying on derivative beneficiary status to the parents?

You may want to re-check the reason for denial. There are numerous reasons and it seems you may have jumped to conclusions. As odd as it may sound being a convicted felon would not cause a denial. It would merely cause an I-130 adjudicator to request an in person interview with the beneficiary to insure they are aware of the circumstances.

A green card cannot be denied because the sponsoring US citizen has a criminal record. There must be another reason, like the USCIS believes that the marriage is fraudulent.

Sounds more like the denial was because of late filing for AoS than anything else. 4yrs is a long time to wait unless there are good reasons why.

A USC s-e-x-offender status (current or past) wouldn't affect the GC application.

Did your son show you the actual denial letter? I am curious about the reason for denial, because it shouldn't have anything to do with your son's criminal past. I agree with the others here. Has to be another reason.

quote:

Originally posted by federale86:
A green card cannot be denied because the sponsoring US citizen has a criminal record. There must be another reason, like the USCIS believes that the marriage is fraudulent.

I was thinking the same thing when I read it first. How can the service deny her if she has not criminal record but he does? That doesn't make sense.

Scratching Chin Emoticon.

Too many parts of the puzzle missing. One, the denial of the parents removal of conditions. It wouldn't be based on a business failure. There is no removal of conditions on non-family GC's.


If the prior applications were denied that may explain this. You can't just abandon one application and try another mid stream with a different sponsor when going from conditional to unconditional.

Either this women is confused. Or, maybe this girls family isn't being completely honest with her or her son.

Letters of character etc. mean absolutely nothing at this point. There is something else to the story that is missing.

The only impact of the s e x offender status is that USCIS would be very suspicious of the marriage, thinking that the offender was paid to engage in the marriage.

My daughter-in-law doesn't have a PC, so I will print out all these replies and give them to her. She may need to recheck things with her parents on their immigration application complications, etc. All I know is: When she and my son got married in 2005, they didn't have the money for her to apply for a green card under her husband, so she kept things going under her parents. They've had a very hard time making ends meet because of my son trying to pay his child support (for my two grandchildren). I don't understand all this immigration stuff...I'm just trying to help them
as best I can. My son and my daughter-in-law are in a REAL MARRIAGE, for better or worse, 'til death do they part, loving and honoring one another--the whole bit! I've been there around them the whole time they dated and at their lovely wedding. I don't they'll have a hard time proving that they love each other deeply, if they 'have' to. I'm very close to both of them, and my son pursued HER, not the other way around. They even lived together for over a year before they got married...it was ME that encouraged them to tie the knot, (so that God would bless them properly), and it was around that time when they both started studying the Bible. They got married in order to do the right thing by God, period. And since that time, they have been blessed spiritually and have progressed as Bible students and have become teachers of the Bible, as well. But now, they have this immigration thing hanging over their heads, and it is very upsetting, as he woud not be allowed to leave the country with her, due to the child support arrearages he's currently trying to pay off. And they certainly don't want to be pulled apart....he cannot get a passport, and she wouldn't be allowed to come back into the country if she gets deported, we're afraid. It's a horrible pickle they're in! Does anyone out there know what they should do??? They only have a few weeks to supply documentation concerning his rehabilitation status. I HAVE seen the letter, and it DOES sound to me like THAT'S the reason her application is being denied. So I don't understand why everyone is saying that it can't be his ***-offender status.
Please continue posting your replies, as this is the only help we've got to go on, at the moment. Thank you!

To be able to help will require some details. His prior felony is only incidental at best. That is probably not the real issue.

What would help is the basis for her parents green card. How did they apply? Was it asylun, refugee, foreign investor, family? I suspect their application for a green card was denied but it was not for a removal of conditions application.

Next is how did her family arrive? Did they have an entry visa? Or did they enter illegally?

From what country did they arrive?

When did they arrive?

There are some requirements your son would have to meet in order to be a sponsor. One being financial. If their household consists of just the two of them their income would need to be at least 14570.00 per year.

The relationship would need to be shown as valid. Usually wedding pics, copy of joint bills, joint lease, things like that would do it.

Most important is the exact wording of the denial and what the denial was for. Was the I-130 rejected or was it the I-485? It may have listed a string of numbers and letters. Such as 1252(a)(2)(B)(ii) as an example.

quote:

Originally posted by davdah:
... It wouldn't be based on a business failure. There is no removal of conditions on non-family GC's.

...

Hi! Not so quick, partner. Please check Form I-829.

This is another example of why they should have become American citizens at the first opportunity. Your son wouldnt be in this mess now if they had and if he had stayed away from young girls. As for you daughter in law can I ask if she knows she married a *** offender? She does doesnt she?? And she is ok with this is she? no wonder they are looking at it closely. maybe I am wrong but I was always under the impression that felons cant sponsor foreign spouses for green cards in much the same way they cannot vote??

Everything Ramona wrote in her first post makes sense.

There are other GC besides those received through mariage that have conditions attached (see RN post)

... and there are US citizens who are not eligible to be sponsors for immigration purposes (englishintern touched on it).

Ramone, your son and daughter in law do need to see a lawyer. Even if only for an initial consultation (often free). They may pick up a good advice..

In addition to a letter from Counselor, they may want also to include a letter from your daughter in law stating that she was fully aware of his past, and a letter from a person who knows him well from a Bible group....

You may also look into Adam Walsh Child protection and Safety Act
"The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child *** abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary"

http://familybasedimmigration....showthread.php?t=360

In response to ENGLISHINTERN: I really don't appreciate what you are insinuating against my wonderful daughter-in-law. She entered this country with a student visa, and her parents were already here under a foreign investment status. She came here from Germany in Aug.'01.
Her parents had come in 1999. I cannot speak re: her parents, but I CAN and WILL address the motives and intentions of my son and daughter-in-law. It doesn't even make sense what you're implying (saying it looks suspicious)...for one thing: she didn't even WANT her parents to know anything bad about my son's past, or that he was divorced and had child support to pay. They were distraught enough when she wanted to quit college, in order to be with my son, who lived 3,000 miles away! She never even told them they had gotten married until some time afterward. They had never even met my son until way later, after they 'cooled down'...and BTW, they DID grow to love him and regard him highly because of his good qualities, once they met him! She had quit college in California and a high-end lifestyle (her parents live in Bel Air)to come to dumpy Delaware, to live with a guy with no money, divorced, with a *** offender status, and two children to pay child support for, and to scrimp out a meager existence (working as a waitress), living WITHOUT all she'd been accustomed to in a Bel Air mansion. Now who in their right mind would opt for all of that, UNLESS it was out of pure love?!!!! They had had a long distance relationship over the phone and internet for quite a while, and she had come to Delaware twice to see him before moving here permanently. She FELL IN LOVE, DUH! You don't know this fine girl at all...and she IS FINE, beautiful inside and out. My son doesn't even deserve such an angel, what I've called "God's Gift to Kevin" (my son's name)!!! Yet, he's since made some amazing changes in his life, and I'm very proud of him for it! Yes, he made a very poor, stupid mistake being with that particular girl briefly, back in 2001, during a low, dark period in his life. But he's not some 'predator' at all, who seeks out 'young girls'. He paid for his sin and mistake, repented for it, got counseling and help, and made spiritual progress, end of story! And he still suffers from depression from time to time...I personally believe he's possibly bipolar...but he's doing marvelously
and coping well, despite all the pressures he has in normal, daily life. I'd appreciate only 'real help'...not personal attacks, because they are really offensive and don't apply here at all.

RE: TO DAVDAH---If you are willing to email me, my daughter-in-law would like to further answer your questions, by me giving you her telephone number...(as she does not have internet access)...and it would be easier that way, if that's okay with you.) You seem to have a real interest in helping, and we appreciate it fully. You can email me at:
monaz51@aol.com Thank you, DAVDAH, in advance. I hope you respond back. BTW, the letter my son received was, indeed, a response from the USCIS for an 'intent to deny the Petition for Alien Relative (I-130), based on the Adam Walsh Act, signed by the President on July 27, 2006. My son is being given time to send in documentation proving he is NOT a risk to his wife or any future children resulting from their marriage (because of his having this *** offender status.) Once this 'proof' is received, it will be reviewed and a decision will be made at that time. So that's why we're trying to do all we can to prevent him being denied his petition for the I-130.

quote:

Originally posted by Rough Neighbor:

quote:

Originally posted by davdah:
... It wouldn't be based on a business failure. There is no removal of conditions on non-family GC's.

...

Hi! Not so quick, partner. Please check Form I-829.

Ok, had to sneak that one in, didn't ya, LOL.

Looks like there is a tie in to the Walsh act.

"The Act also for the first time limits the rights of citizens or permanent residents to petition to immigrate their spouse or other relatives to the U.S. if the petitioner has a listed child *** abuse conviction. If that is the case, then the petition cannot be approved unless the Department of Homeland Security determines in its unreviewable discretion that there is no risk of harm to the beneficiary or derivative beneficiary."


What will need to be proven is there is no risk. I along with most everyone else here strongly suggests they find an attorney. There are some that will work pro bono. Another avenue is legal aid which is accessible in most cities and can be found via a google search. This isn't something that can be handled through a bulletin board such as this.

Re: davdah

Thank you for responding once more. I did find reference to an attorney in Philadelphia who handles immigration, although Philly is about 90 minutes away from us here in DE. And we will try to find a Legal Aid, althoug DE Legal Aid doesn't a whole lot of things anymore. We were kinda hoping YOU were an attorney, but I guess not, huh? I had emailed the editor of this website and she mentioned that sometimes attorneys check these discussion boards out and might be willing to do something pro bono. But thanks for everything you've posted so far. We will just have to keep trying to do what we can.

I'm not a lawyer, LOL. Been in court more often than many and my opinion of them is not the greatest. However, one other option would be to check with a local law school. They would have a comprehensive listing of possible solutions. With what you need it would require the right type of evidence and specific set of skills to write in order to overcome this hurdle. By no means an easy task or one to be left to the laymen. They have one shot, so they need to make the best of it.