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New I-751 DISCOVERY - EXTEMELY IMPORTANT!

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  • New I-751 DISCOVERY - EXTEMELY IMPORTANT!

    It has been published by one of the most recognized attorneys in the Immigration field, that SOME LOCAL USCIS OFFICES are not allowing applicants TO AMMEND THEIR I-751'S at their INTERVIEW.

    ONE OF THE OFFICES MENTIONED USING THIS POLICY IS THE NEW YORK DISTRICT OFFICE!

    For example if you get divorce prior to the adjudication of your pending joint I-751 and you are called up for an interview and show up at the interview with a new I-751 based on one of the waivers provisions you will not be allowed to ammend it and instead you will have to file it with USCIS and start waiting all over again. What I don't know and would like to know is if those people that are not allowed to ammend their I-751 at the interview would have their conditional status terminated and put in removal proceedings.

    One SOLUTION could be file a new I-751 as soon as the alien is divorced so if there is an interview for the JOINT one the other one is already in the FILE, therefore preventing the alien to wait all over again.

    "It is important to file the second I-751 at the USCIS service center rather than hope to amend the existing I-751 petition later at the interview. Many district offices, including New York, are taking the position that the I-751 cannot be amended at the interview. Thus, it is better to be proactive and file the new I-751 as quickly as possible as it takes approximately two years or more for the case to be scheduled for an interview in New York. An already filed I-751 might stave off a notice to appear (NTA) before an immigration judge."

  • #2
    It has been published by one of the most recognized attorneys in the Immigration field, that SOME LOCAL USCIS OFFICES are not allowing applicants TO AMMEND THEIR I-751'S at their INTERVIEW.

    ONE OF THE OFFICES MENTIONED USING THIS POLICY IS THE NEW YORK DISTRICT OFFICE!

    For example if you get divorce prior to the adjudication of your pending joint I-751 and you are called up for an interview and show up at the interview with a new I-751 based on one of the waivers provisions you will not be allowed to ammend it and instead you will have to file it with USCIS and start waiting all over again. What I don't know and would like to know is if those people that are not allowed to ammend their I-751 at the interview would have their conditional status terminated and put in removal proceedings.

    One SOLUTION could be file a new I-751 as soon as the alien is divorced so if there is an interview for the JOINT one the other one is already in the FILE, therefore preventing the alien to wait all over again.

    "It is important to file the second I-751 at the USCIS service center rather than hope to amend the existing I-751 petition later at the interview. Many district offices, including New York, are taking the position that the I-751 cannot be amended at the interview. Thus, it is better to be proactive and file the new I-751 as quickly as possible as it takes approximately two years or more for the case to be scheduled for an interview in New York. An already filed I-751 might stave off a notice to appear (NTA) before an immigration judge."

    Comment


    • #3
      Aguila:

      I think I remember Sammy stating that once the divorce is final, the original joint I751 is void, since the marriage is no longer viable. So, perhaps you should ask if when the divorce decree is obtained filing the I751 under waiver is the correct protocol.

      Comment


      • #4
        Hi everybody,
        I dont know is it correct info or...but one thing i dont understand after reading aguila18's post...if they dont accept new I-751 at interview, in that case alien will be out of status as soon as divorce happens and will be placed on deportation...then will it be ok to apply for new waiver I-751 being out of status ??? will they accept it even if alien is out of status...its a bit confusing at this time...Regards. Pasha

        Comment


        • #5
          Alien should immediately file new I-751 Waiver as soon as divorce occurs. By doing this Alien will have the advantage of having the same timeline of the previous JOINTLY FILED I-751.

          Jointly I-751 will be considered withdrawn.

          Pasha:

          A potential solution for an alien who does not do what I wrote above could be ask for administrative review of the decision of having his/her conditional status terminated, and file immediately a Waiver I-751, when alien appears in front of judge show new Receipt of filed Waiver I-751 and ask Immigration Judge to continue proceedings until new waiver I-751 is adjudicated.

          Comment


          • #6
            Thanks aguila18 for reply. It's a bit tricky coz alien can not file waiver unless divorce happens and if he tells about divorce process then it doesnt count in favor of alien in BCIS. They need divorce decree for I-751 waiver. now one more thing wanted to ask...for battered spouse waiver, does alien have to be divorced or can file while separation...just curious...Have a good night. Pasha

            Comment


            • #7
              Pasha:

              For Battered Spouse Waiver (Mental or Physical Cruelty) it does not matter what is the status of the marriage (married/separated/divorced) and I agree with you this is very tricky.

              Comment


              • #8
                Thanks aguila18...I appreciate it...Pasha

                Comment


                • #9
                  Pasha:

                  Since you are a Doctor you should find a Psychologist that works at your hospital that could help you document the verbal/emotional abuse if exist from your wife so you can apply for this waiver if you ever need to

                  Comment


                  • #10
                    Thanks aguila18.
                    I didn't really think about it seriously. But you are right. There is nothing wrong to be on safer side. I have psychiatrist friends working in the same hospital. I do have proofs like recorded conversation with verbal / emotional abuse, phone talk, pictures, fact of misrepresentation and acceptance of the same. If you read about my situation in another thread I wont divorce her or cheat her due to lots of factors and am always thankful to her to come to this country but if she does then I will be able to stand for myself. Once again thanks for nice advice. Have a good night. Pasha

                    Comment


                    • #11
                      Pasha:

                      You just refreshed my mind that your wife cheat on you and you forgive her. Cheating is classified as cruelty specially if there is verbal and emotional abuse! You should document that ASAP. You never know if you will need it, and if you document it later it will look like that you made it up so you can qualify for a waiver.

                      Comment


                      • #12
                        Aguila:

                        For the ebenfit of others on this board, please tell us where you found the information that
                        "CHEATING is MENTAL CRUELTY" I'd like to use that in my defense also.

                        Comment


                        • #13
                          Swissnut:

                          Your lack of common sense sometimes it oustands me. It is obvious that one spouse cheating and if the other party knows about constitutes some sort of cruelty. The party affected by the cheating behavior of their spouse may bring their self-esteem down, may cause them to be sad all the time, might make them depress, etc....

                          Comment


                          • #14
                            Aguila:

                            Your unilateral interpretation of situations alarms me. You wrote that "Cheating is classified as cruelty specially if there is verbal and emotional abuse! You should document that ASAP." I suspect that you consider this is appropriate, when it suits your case and many others, however, in my case..well, let's just say I that since that is exactly what I was subjected to for the past 18 months, but your reaction to that was that I was by nature simply obsessive, right?

                            But once again for the benefit of all of the people who read this board, who may be in situations which call for them to document and build a case for "mental Cruelty" as it may pertain to the I751 waiver process, one more time I ask....where did you find that
                            as you wrote Cheating is "classified" as cruelty specially if there is verbal and emotional abuse! "??????

                            Comment


                            • #15
                              Swissnut:

                              I don't think you need to apply for any battered waiver since you are the USC, unless you are the alien as many people has tought before.

                              I did not express myself correctly, what I meant is that besides cheating, there is verbal and emotional abuse then that is a perfect case for battered waiver. However, cheating by itself conveys some sort of cruelty by itself.

                              Comment

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