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  • Marrige

    My name is Bobby A. Baker, I have lived here in Arizona for almost three years now. I grew up in a small town in Washington State. After high school I joined the United States Army Military Police Core. I spent three years over seas, and one year as part of Operation Joint Endeavour. During my time in the military I received many awards for my achievements, and always performing to the best of my ability. I say all this so that my commitments and belief in the United States are not a question, I have proven this with my service.
    The reason I am writing this letter is to ask for help, I met an amazing young lady at my local church here in Phoenix, we have been dating for a year now. During the last year, I along with my whole family has fallen in love with her and as a result, we got engaged over the holiday season. The problem is she is not a U.S. citizen or even a legal resident. This is her story.
    Her name in Alicia Rodriguez she was born in "Central America" Guatemala in 1979. During a tragic accident in Dec.1988 her father was killed while driving a bus in Guatemala. One year later due to the violent conflict (Peace Accord was not signed until 1996) and still mourning a husband, her mother decided she wanted a better life for her kids. In 1989 she illegally entered the United States with her two kids, Alicia (8 years old) and Josue (7 years old).
    She almost immediately found work on a ranch in Tolleson, AZ picking onions, during this time she received a "Red Card" to legally work, but like many other people she did not know she could fix her status here. She received extensions until 1996 then her extensions were denied. She has not worked sense.
    If Alicia's mom would have been aware of the immigration options and process available to her at that time she would have became a legal resident if not a U.S. citizen, resulting in her kids also becoming us citizens.
    We plan to get married this year and start our life together. But due to the fact she cannot work or drive, and the fact that the cost of living has almost doubled here in the Phoenix area it is going to make it extremely difficult to support myself, her and her 6 year old son Daniel (who is a U.S. citizen) who we will have full custody of after we are married. I would like to now if there is anything or any law that could help us with our situation.
    Some things we have found on our own that could be options are the U-Visa known as the "battered spouse waiver" but she was never actually married to the person who was abusing her. Any help would be greatly appreciated.



    Sincerely,
    Bobby A. Baker

  • #2
    My name is Bobby A. Baker, I have lived here in Arizona for almost three years now. I grew up in a small town in Washington State. After high school I joined the United States Army Military Police Core. I spent three years over seas, and one year as part of Operation Joint Endeavour. During my time in the military I received many awards for my achievements, and always performing to the best of my ability. I say all this so that my commitments and belief in the United States are not a question, I have proven this with my service.
    The reason I am writing this letter is to ask for help, I met an amazing young lady at my local church here in Phoenix, we have been dating for a year now. During the last year, I along with my whole family has fallen in love with her and as a result, we got engaged over the holiday season. The problem is she is not a U.S. citizen or even a legal resident. This is her story.
    Her name in Alicia Rodriguez she was born in "Central America" Guatemala in 1979. During a tragic accident in Dec.1988 her father was killed while driving a bus in Guatemala. One year later due to the violent conflict (Peace Accord was not signed until 1996) and still mourning a husband, her mother decided she wanted a better life for her kids. In 1989 she illegally entered the United States with her two kids, Alicia (8 years old) and Josue (7 years old).
    She almost immediately found work on a ranch in Tolleson, AZ picking onions, during this time she received a "Red Card" to legally work, but like many other people she did not know she could fix her status here. She received extensions until 1996 then her extensions were denied. She has not worked sense.
    If Alicia's mom would have been aware of the immigration options and process available to her at that time she would have became a legal resident if not a U.S. citizen, resulting in her kids also becoming us citizens.
    We plan to get married this year and start our life together. But due to the fact she cannot work or drive, and the fact that the cost of living has almost doubled here in the Phoenix area it is going to make it extremely difficult to support myself, her and her 6 year old son Daniel (who is a U.S. citizen) who we will have full custody of after we are married. I would like to now if there is anything or any law that could help us with our situation.
    Some things we have found on our own that could be options are the U-Visa known as the "battered spouse waiver" but she was never actually married to the person who was abusing her. Any help would be greatly appreciated.



    Sincerely,
    Bobby A. Baker

    Comment


    • #3
      Bobby, you can pursue couple of options.

      One that immediately comes to my mind is that she will have to go to Guatemala and file for hardship waiver.
      If granted, she can join you here as LPR.
      If not - she won't be able to re-enter US for many years.

      Another option, though I am not sure about it but would suggest that you ask Immigration Attorney.

      She was under 18(a Child) when her mother brought her here, so is she still considered as EWI (Entered Without Inspection)?
      OR
      did she hold the valid status after entering US (if her mom did that would automatically apply to her) that would allow her to be considered an overstay rather than EWI?

      If she is an overstay, then you can file and process AOS application here.

      I would suggest you act as soon as possible, before HR4437 or similar Bill is passed into law.


      Good Luck!
      IE

      Comment


      • #4
        There's no need to panic. If the application is filed without the proper supporting documentation it will be rejected. No law can be enacted without a warning period. Even the 96 reform considered such issues.

        Comment


        • #5
          Absolutely no need to panic.
          Just act with filing an application as soon as possible, before HR4437 or similar Bill is passed.
          And do the paperwork properly(I suggested through Immigration Attorney) .

          Comment


          • #6
            Again, even if HR 4437 is passed there will be a warning period. They do not arrest people for driving without a license the same day they pass a bill to change the specifications of such document. A warning period is given for the authorities and the citizens to conform to the new law.

            Comment

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