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Thread: Real Life Accounts from those who suffered due to I-751 Waiver & Mr. Willams' Memo

  1. #1
    Hi,

    I am talking to a free-lance jouranlist who will be writing a story on I-751.

    Should you know any real and brave people who are ready to post a short but concise written acount of their suffering due to their I-751 Waiver applications to USCIS / INS and / or have been deported .etc due to the re-interpretation of Section 216(c)(4) of Immigration and Nationality Act under the light of Mr. William Yates' Memo (http://uscis.gov/graphics/lawsregs/h...iver041003.pdf) then please do post your written account and short summary what you have gone through along-with your e-mail address (s) here on this message board URGENTLY.

    Indeed, I would be greatly thankful and I hope it will help lots of people on long-term basis.

    Looking forward to hearing from you soon...

    Sincerely & Respectfully,

    Disserene

  2. #2
    Hi,

    I am talking to a free-lance jouranlist who will be writing a story on I-751.

    Should you know any real and brave people who are ready to post a short but concise written acount of their suffering due to their I-751 Waiver applications to USCIS / INS and / or have been deported .etc due to the re-interpretation of Section 216(c)(4) of Immigration and Nationality Act under the light of Mr. William Yates' Memo (http://uscis.gov/graphics/lawsregs/h...iver041003.pdf) then please do post your written account and short summary what you have gone through along-with your e-mail address (s) here on this message board URGENTLY.

    Indeed, I would be greatly thankful and I hope it will help lots of people on long-term basis.

    Looking forward to hearing from you soon...

    Sincerely & Respectfully,

    Disserene

  3. #3
    I'm just curious as to how someone would suffer because of the Yates memo? Are you referring to couples that have separated but have not finalized the divorce when it comes time to file the I-751?

  4. #4
    It appears to me that Disserene is looking for people who could not file a Waiver of the joint filing requirement as they did not have a divorce decree at the time. "Suffered", I gather, might be in reference to aliens who might have had their conditional status terminated or been placed in removal proceedings, because they did not secure a continuance. But I am speculating, here!

  5. #5
    want to write a stories.. I can arrange two of them..
    Topic: Aid to disaster victims.. either never reaches Or fraction of the aid only reaches to right person.. With all the proof .. let me know.

    Second.. Immigration
    Its a discussion, not a legal advise..

  6. #6
    Hi,

    Thanks for your feedback and Apology for NOT clarifying.

    sphyrapicus3! We need what 'swissnut' has understood.

    Further, Mr. Cyrus D. Mehta has also outline some very important points in his article @
    http://www.cyrusmehta.com/News_Cyrus.asp?news_id=906

    Some hints can be found in the following paragraphs:

    "Many states, including New York, require a showing of "fault" in order to obtain a divorce.6 If the parties wish to mutually terminate the marriage in New York without establishing a "fault" ground, they have to stay apart for one year pursuant to a written separation agreement before they can apply for a divorce.7 Moreover, divorce proceedings are inevitably delayed due to the high costs of divorce, the other spouse's obstruction, property settlement negotiations and for a variety of other reasons beyond the control of the non-citizen. It is therefore extremely difficult to terminate a marriage within two years."

    +

    "The new Memo will cause a lot of hardship to non-citizen spouses who may be in the middle of divorce or annulment proceedings, but which have not yet been finalized before the two-year anniversary. The Marriage Termination Waiver is the most convenient way for a non-citizen spouse to remove conditional residence if the marriage has fallen apart. The evidentiary burden for establishing a Hardship Waiver and Battered Spouse Waiver is more onerous to the non-citizen spouse."

    +

    "As the Memo was issued only on April 10, 2003, many waiver requests have been filed while the divorce or annulment proceeding was still pending, and the non-citizen spouse has hoped to appear at the interview post-April 10, 2003 with the final termination decree. It is possible that District Offices may apply the Memo retroactively. If this happens, a new I-751 should immediately be filed at the USCIS service center with evidence of the legal termination of marriage. Such a filing will once again result in the temporary grant of conditional resident status for a period of one year at a time, although it will set this individual back by another two years. If the non-citizen is issued an NTA, he or she should ask the immigration judge for a continuance to file the new I-751 with the Service.

    It is hoped that the Memo is not applied retroactively. Rather, this Memo should be rescinded altogether as it is not supported by the statute or case law, causes undue hardship to non-citizen spouses in matrimonial proceedings, and results in additional filings and administrative work for an already overburdened agency and immigration court system."

    Please, do NOT think only about yourself that coz your own I-751 waiver application was successful that means people have NOT suffered.

    It should be noted that USCIS / INS is re-interpreting of Section 216(c)(4) of Immigration and Nationality Act under the light of Mr. William Yates' Memo (http://uscis.gov/graphics/lawsregs/h...iver041003.pdf) AFTER successfully allowing peopel to file their I-751 waivers for almost good 10 years.

    Post 911 - National Security Concerns should NOT be a valid ground / argument to re-interpret of Section 216(c)(4) of Immigration and Nationality Act under the light of Mr. William Yates' Memo (http://uscis.gov/graphics/lawsregs/h...iver041003.pdf) 'COZ Conditional Residents get their Conditional Green Card AFTER going through thorough background checks, medical exams AND interview with the USCIS / INS.

    I seriously and sincerely hope that people will come forward with their written accounts in due course AS this Message Board has more than 50% of the postings on the topic of I-751.

    Looking forward to seeing your postings...

    Sincerely & Respectfully,

    Disserene

  7. #7
    >50% of the postings on ILW are regarding I-751s? Hmmm, I wonder what board I have been monitoring then?

    In all my years of monitoring immigration sites, I have yet to see someone put in removal proceedings because they were unable to file a timely waiver because of an impending divorce. I hope we do hear from some that have experienced this.

    There are some inaccurracies in the text that you cite. For example, if someone files a new I-751 based on a waiver because of a divorce decree, the conditional status is NOT granted in increments of one year. A properly filed I-751 automatically extends the I-551 until the I-751 is adjudicated (regardless of how long it takes).

    Good luck with your mission.

  8. #8
    She must be talking about numbers of posts, rather than the number of persons. I guess Aguila and I can take credit for skewing the percentages, when we were debating!

  9. #9
    LOL.

    Maybe that's how she's arrived at her numbers.

    I-751 issues are topics that I usually respond to. Hence, my doubt that over 1/2 of all postings are in reference to I-751s.

  10. #10
    And far less apply specifically to the topic she notes.

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