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Results 1 to 4 of 4

Thread: *This one is tough, what do you think (Sammy?)

  1. #1
    I have until October of 2004 to get my wife's status adjusted otherwise she might have to go back to Mexico. Read the timeline and the end and tell me what you think. This one's tough!

    Timeline"

    April 1st 1999:
    Jess tries to cross into the US with a CA Drivers License claiming US Citizenship. Was detained and deported (without seeing a judge) back to Mexico

    April 1st April 10th 1999 (Sometime between):
    Jess comes into the US undocumented

    June 5th 1999:
    Jess marries Ted (US Citizen) in Las Vegas, NV

    Dec 2000:
    Jess and Ted go to a lawyer named Noel who said we were able to Adjust under the new law 245i.
    Jess applies for Adjustment of Status under the 245i law
    Jess goes to the INS, pay fees and receive EAD, SSN and CA Drivers License

    Nov 19th 2001:
    Went to INS for Green Card Interview
    Were told we had lied on paperwork (that we had unchecked the section that states: Have you ever been deported from INS), told officers that paperwork had been filled out by Noel, they stated that it was to bad and issued second deportation again without seeing a judge. Deported to Mexico.

    Receive phone call from D.A.'s office wanting to speak to Jess. Come to find out that Noel is not a lawyer at all and has been arrested under immigration and tax fraud. D.A. finds out that Jess has been deported and brings her back with INS (I-94 Issued under 212(d)(5), Public Interest Parole). She becomes one of the main witnesses to testify against him because, after Jess receives EAD in Dec 2000, she worked for him for a period of 3-4 months.

    May 2002:
    Jess returns back to the US, escorted by the D.A. investigator.
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires in Nov 2002

    Nov 2002:
    Due to Trial, Special Investigator from the INS issues an extension
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires on Oct 30th, 2003

    May 14th 2003:
    INS (USCIS) receives Application for I-485, I-130, I-765

    Oct 24th 2003:
    Due to Trial, Special Investigator from the INS (USCIS) issues an extension
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires on Oct 23rd, 2004

    Currently:
    Waiting for INS (USCIS) to respond to Application for I-485, I-130, I-765
    Will possibly have to go to Immigration Court depending on their decision

    All of this started when Jess was 19. I understand coming to the US undocumented is no excuse but we were young and naive at the time. We have since learned so much and have been model citizen's. Jess has been going to school this whole time and has been an outstanding student, who now has a few years at the local university. She is fluent in both English and Spanish and is a mentor for a role model program. She is a volunteer at the Mexican organization and helps me take care of my father who has Parkinson's. At this point we are trying everything in our power to get my wife's status adjusted and are looking for any suggestions. We have any attorney who has given us the possible outcomes but, I wanted to see if there were people who have heard of these types of cases working for the best. We understand that we might have to go to immigration court and file for Extreme Hardship. We do not have children (but understand that this is something that at times helps these cases, note* we are not ready for children and do not feel it is right to have children for this reason alone) and own a house with my father who we have to take care of from time to time due to his physical disabilities. We have the Congressperson in our district trying to get a response from the INS as to if they are able to move forward with our case or not. We have until Oct 2004 to take care of it. What do you think we can do?

  2. #2
    I have until October of 2004 to get my wife's status adjusted otherwise she might have to go back to Mexico. Read the timeline and the end and tell me what you think. This one's tough!

    Timeline"

    April 1st 1999:
    Jess tries to cross into the US with a CA Drivers License claiming US Citizenship. Was detained and deported (without seeing a judge) back to Mexico

    April 1st April 10th 1999 (Sometime between):
    Jess comes into the US undocumented

    June 5th 1999:
    Jess marries Ted (US Citizen) in Las Vegas, NV

    Dec 2000:
    Jess and Ted go to a lawyer named Noel who said we were able to Adjust under the new law 245i.
    Jess applies for Adjustment of Status under the 245i law
    Jess goes to the INS, pay fees and receive EAD, SSN and CA Drivers License

    Nov 19th 2001:
    Went to INS for Green Card Interview
    Were told we had lied on paperwork (that we had unchecked the section that states: Have you ever been deported from INS), told officers that paperwork had been filled out by Noel, they stated that it was to bad and issued second deportation again without seeing a judge. Deported to Mexico.

    Receive phone call from D.A.'s office wanting to speak to Jess. Come to find out that Noel is not a lawyer at all and has been arrested under immigration and tax fraud. D.A. finds out that Jess has been deported and brings her back with INS (I-94 Issued under 212(d)(5), Public Interest Parole). She becomes one of the main witnesses to testify against him because, after Jess receives EAD in Dec 2000, she worked for him for a period of 3-4 months.

    May 2002:
    Jess returns back to the US, escorted by the D.A. investigator.
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires in Nov 2002

    Nov 2002:
    Due to Trial, Special Investigator from the INS issues an extension
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires on Oct 30th, 2003

    May 14th 2003:
    INS (USCIS) receives Application for I-485, I-130, I-765

    Oct 24th 2003:
    Due to Trial, Special Investigator from the INS (USCIS) issues an extension
    I-94 Issued under 212(d)(5), Public Interest - Parole
    Expires on Oct 23rd, 2004

    Currently:
    Waiting for INS (USCIS) to respond to Application for I-485, I-130, I-765
    Will possibly have to go to Immigration Court depending on their decision

    All of this started when Jess was 19. I understand coming to the US undocumented is no excuse but we were young and naive at the time. We have since learned so much and have been model citizen's. Jess has been going to school this whole time and has been an outstanding student, who now has a few years at the local university. She is fluent in both English and Spanish and is a mentor for a role model program. She is a volunteer at the Mexican organization and helps me take care of my father who has Parkinson's. At this point we are trying everything in our power to get my wife's status adjusted and are looking for any suggestions. We have any attorney who has given us the possible outcomes but, I wanted to see if there were people who have heard of these types of cases working for the best. We understand that we might have to go to immigration court and file for Extreme Hardship. We do not have children (but understand that this is something that at times helps these cases, note* we are not ready for children and do not feel it is right to have children for this reason alone) and own a house with my father who we have to take care of from time to time due to his physical disabilities. We have the Congressperson in our district trying to get a response from the INS as to if they are able to move forward with our case or not. We have until Oct 2004 to take care of it. What do you think we can do?

  3. #3
    From reading all the immigration laws and regulations I learnt that in a situation like yours you WILL need two waivers (I-212, I-601) for your case to get approved by USCIS. Unfortunately due to the fact of being deported she's inadmissible for years.

    If those waivers aren't approved her adjustment of status (GC) WILL be denied.
    The hardship HAS to be proven towards you as a USC, NOT her.

    If Bush were so passionate about all the illegals in this country he'd first would strike down that draconian 3/10 year re-admission ban for overstays and re-instate 212(i)! There's enough illegals out there ready to legally adjust their status! Why create another major back log with all the fence-hoppers filing for working-visa (or whatever it will be called) and not allocate more funds to clear up existing back-log?! Obviously this "proposal" will never get through Congress. Period. What a bad taste to give people false sense of hope to just get re-elected. Whatever happened to that hard-core Christian/republican conservatism?!

  4. #4
    your lawyer will ask for a continuance due to the i-130 not being approved yet when Oct 2004 comes. just to buy time until approval.

    What service center are u? check processing times for 130 & 485 processing times at SC.. you should get an idea when they will come up for review.

    Looks like somebody up there likes you She got a public interest permit etc b/c of cooperation in testifying. Looks like rewards are in the works

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