On Bars and Such

[LBB918 0]

My fiance and I have been together for two years and were waiting on a BIA decision from his asylum case so that we could get married without people wondering about validity. His case was dismissed on April 28th. I was born and raised in Oklahoma so I have no clue about any of this immigration business but the nore that I look at the more it depresses me. I am not ready to lose my best friend.

I have been looking at the things about bars and I have no clue where he would fall. He is from Kosovo adn he came into the country EWI December of 07 and filed in NY on emonth later in Jamuary of 08 as documented on his court papers. That is one month of being here butttt..... His origional case was dismissed when there were inconsistancies about how many people he was beaten by. His case was dismissed by the BIA On April 28th. He has a clean history here.

That is where we are. I dont know what to do and I feel stuck. What do you think that his bar is going to be or how do we find out? I know that he should take VD but I do not know how to get it going or if he has it already for thirty days after his dismissal...

I am a speech pathology student with children from a previous relationship and three years left for my masters I do not make the 33,000 minimum income to get married right now or file a fiance visa but will make more after I graduate. He has been the one to do nice things like bring the kids dinner so that I dont have to cook or buy me a new coat when my old one had feathers coming out of it.

Our communication is usually great but legal jargon is going right over his head and I need to understand what to do and have someone who speaks his language (albanian) stress important aspect to him in a way that can be understood. Does anyone out there speak Albanian language? From what I am seeing he is going to have to go home if he wants to stay and stay if he wants to go home (explain that in another language)

[Gosia & Tito 199]

My fiance and I have been together for two years and were waiting on a BIA decision from his asylum case so that we could get married without people wondering about validity. His case was dismissed on April 28th. I was born and raised in Oklahoma so I have no clue about any of this immigration business but the nore that I look at the more it depresses me. I am not ready to lose my best friend.

I have been looking at the things about bars and I have no clue where he would fall. He is from Kosovo adn he came into the country EWI December of 07 and filed in NY on emonth later in Jamuary of 08 as documented on his court papers. That is one month of being here butttt..... His origional case was dismissed when there were inconsistancies about how many people he was beaten by. His case was dismissed by the BIA On April 28th. He has a clean history here.

That is where we are. I dont know what to do and I feel stuck. What do you think that his bar is going to be or how do we find out? I know that he should take VD but I do not know how to get it going or if he has it already for thirty days after his dismissal...

I am a speech pathology student with children from a previous relationship and three years left for my masters I do not make the 33,000 minimum income to get married right now or file a fiance visa but will make more after I graduate. He has been the one to do nice things like bring the kids dinner so that I dont have to cook or buy me a new coat when my old one had feathers coming out of it.

Our communication is usually great but legal jargon is going right over his head and I need to understand what to do and have someone who speaks his language (albanian) stress important aspect to him in a way that can be understood. Does anyone out there speak Albanian language? From what I am seeing he is going to have to go home if he wants to stay and stay if he wants to go home (explain that in another language)

I'll let others chime in, but in the meantime, you can find possibly pro-bono legal advice in major cities, there are organizations that provide that. It depends on where you are. At the very least, there would be a Catholic Services, you need to do some research. They have attorneys working with them that do pro-bono (free) work. Not everyone qualifies and as you can imagine, the demand is greater than the supply, but they also have orientation sessions -free- and can get you some pointers of what to do. That might not be sufficient and you might still need an attorney tough; often they do referrals and have several attorneys in their list (but you would need to pay fees). One thing that is a must is to ensure the attorney you work with is qualified. BTW, I believe there is one in this forum that participates from time to time and perhaps others can point to his contact info as I don't know it off my head.

In terms of the minimum income, co-sponsors can help there; most people have a relative co-sponsoring these cases, but to be fair, you need to disclose what they are getting into: to some is no biggy, and to some it is. Anyone that is legally in the country can sponsor, I have co-sponsored a good friend of mine in the past who didn't have the income level; the co-sponsoring is released after person becomes citizen or reaches a number of work credits (40 I believe)

As for Albanian, Is there an association/organization in your area for fellow countrymen/women?

As before, it is often the case that those organization that support immigrants have also pro-bono/paid translators. For example, when I lived in Denver I did volunteer work with such an organization and they had translators for about 100 languages.

Hope it all works for you.

[Gosia & Tito 199]

My fiance and I have been together for two years and were waiting on a BIA decision from his asylum case so that we could get married without people wondering about validity. His case was dismissed on April 28th. I was born and raised in Oklahoma so I have no clue about any of this immigration business but the nore that I look at the more it depresses me. I am not ready to lose my best friend.

I have been looking at the things about bars and I have no clue where he would fall. He is from Kosovo adn he came into the country EWI December of 07 and filed in NY on emonth later in Jamuary of 08 as documented on his court papers. That is one month of being here butttt..... His origional case was dismissed when there were inconsistancies about how many people he was beaten by. His case was dismissed by the BIA On April 28th. He has a clean history here.

That is where we are. I dont know what to do and I feel stuck. What do you think that his bar is going to be or how do we find out? I know that he should take VD but I do not know how to get it going or if he has it already for thirty days after his dismissal...

I am a speech pathology student with children from a previous relationship and three years left for my masters I do not make the 33,000 minimum income to get married right now or file a fiance visa but will make more after I graduate. He has been the one to do nice things like bring the kids dinner so that I dont have to cook or buy me a new coat when my old one had feathers coming out of it.

Our communication is usually great but legal jargon is going right over his head and I need to understand what to do and have someone who speaks his language (albanian) stress important aspect to him in a way that can be understood. Does anyone out there speak Albanian language? From what I am seeing he is going to have to go home if he wants to stay and stay if he wants to go home (explain that in another language)

One more thing, there is an ALbanian portal/forum here. You might want to think about posting the language question there

[LBB918 0]

My fiance and I have been together for two years and were waiting on a BIA decision from his asylum case so that we could get married without people wondering about validity. His case was dismissed on April 28th. I was born and raised in Oklahoma so I have no clue about any of this immigration business but the nore that I look at the more it depresses me. I am not ready to lose my best friend.

I have been looking at the things about bars and I have no clue where he would fall. He is from Kosovo adn he came into the country EWI December of 07 and filed in NY on emonth later in Jamuary of 08 as documented on his court papers. That is one month of being here butttt..... His origional case was dismissed when there were inconsistancies about how many people he was beaten by. His case was dismissed by the BIA On April 28th. He has a clean history here.

That is where we are. I dont know what to do and I feel stuck. What do you think that his bar is going to be or how do we find out? I know that he should take VD but I do not know how to get it going or if he has it already for thirty days after his dismissal...

I am a speech pathology student with children from a previous relationship and three years left for my masters I do not make the 33,000 minimum income to get married right now or file a fiance visa but will make more after I graduate. He has been the one to do nice things like bring the kids dinner so that I dont have to cook or buy me a new coat when my old one had feathers coming out of it.

Our communication is usually great but legal jargon is going right over his head and I need to understand what to do and have someone who speaks his language (albanian) stress important aspect to him in a way that can be understood. Does anyone out there speak Albanian language? From what I am seeing he is going to have to go home if he wants to stay and stay if he wants to go home (explain that in another language)

[LBB918 0]

My fiance and I have been together for two years and were waiting on a BIA decision from his asylum case so that we could get married without people wondering about validity. His case was dismissed on April 28th. I was born and raised in Oklahoma so I have no clue about any of this immigration business but the nore that I look at the more it depresses me. I am not ready to lose my best friend.

I have been looking at the things about bars and I have no clue where he would fall. He is from Kosovo adn he came into the country EWI December of 07 and filed in NY on emonth later in Jamuary of 08 as documented on his court papers. That is one month of being here butttt..... His origional case was dismissed when there were inconsistancies about how many people he was beaten by. His case was dismissed by the BIA On April 28th. He has a clean history here.

That is where we are. I dont know what to do and I feel stuck. What do you think that his bar is going to be or how do we find out? I know that he should take VD but I do not know how to get it going or if he has it already for thirty days after his dismissal...

I am a speech pathology student with children from a previous relationship and three years left for my masters I do not make the 33,000 minimum income to get married right now or file a fiance visa but will make more after I graduate. He has been the one to do nice things like bring the kids dinner so that I dont have to cook or buy me a new coat when my old one had feathers coming out of it.

Our communication is usually great but legal jargon is going right over his head and I need to understand what to do and have someone who speaks his language (albanian) stress important aspect to him in a way that can be understood. Does anyone out there speak Albanian language? From what I am seeing he is going to have to go home if he wants to stay and stay if he wants to go home (explain that in another language)

[Kazulie 132]

What do you mean his case was dismissed? They denied his asylum case?

[LBB918 0]

Yes he was denied. We did not know about the wording either. We called and it said that the case was dismissed and he was like what does that mean?

[pat & angela 1]

Hi. What do you need help with? What would you like to tell him in albanian? I can help.

[StarGirl 13]

I sent you a PM

[JimVaPhuong 4,863]

Was the asylum application merely denied, or was rejected as a frivolous filing? This is an important distinction. Someone found to have submitted a frivolous asylum application can be barred forever from receiving any immigration benefit under the INA, which means he would never be eligible for an immigrant visa or a green card, and no waiver would ever be available to overcome this. It may seem severe, but it's necessary. Virtually everyone with feet inside the United States is eligible to submit an asylum application, even as they are being dragged to the plane after having been deported. The government doesn't want to be flooded by asylum applications from people who are just trying to postpone the inevitable, so they make the consequences for filing a frivolous application intentionally severe.

If his asylum application was merely denied then he'll have a ban of 10 years for the period of unlawful presence. He can't adjust status because of the EWI, so he'll have to leave the US. He'll probably be eligible for an I-601 waiver of the ban if you can prove it would be an extreme hardship on you if he were not allowed to return to the US. This is difficult under any case, but it's even more difficult if you're not married. If he waits until he's deported from the US then he'll also need an I-212 waiver. The upside is that the extreme hardship requirement for both waivers is the same. If the hardship is deemed sufficient for one waiver then it's sufficient for both.

The way this usually works is the US citizen spouse files a petition for an immigrant visa. The petition is eventually approved and forwarded to the consulate in the alien spouse's home country. The alien returns to their home country to finish the visa application and attend an interview at the consulate. The visa is denied because of the ban, and the alien submits the waiver application(s). A decision is usually made within a few months.

The President signed an executive order last year asking USCIS to devise a procedure so that I-601 waiver applications could be filed while the alien spouse was still in the United States. The proposed procedures have been published by USCIS, and they are currently accepting comments on them:

http://www.uscis.gov/provisionalwaiver

Note that this procedure has NOT been approved yet. USCIS will continue accepting comments until next month. It's expected that a formal procedure will be in place by the end of the year. The new provisional waiver will be called the I-601A. If you get married and your husband is still in the US when the I-601A is implemented then you will be able to file for the waiver before your husband leaves the US. If it's approved then he'll only have to leave long enough to complete the visa processing at the consulate. Having the provisional waiver is NOT a guarantee that the visa will be approved, but it IS a guarantee that he won't be denied for the inadmissibility that was waived by the I-601A.

The I-601A process will only be available for waivers of inadmissibility, like the overstay ban. They won't be available for I-212 waivers, which are requests for permission to reenter the US after deportation. If he's place in removal proceedings and ends up being deported then he'll still have to apply for the I-212 waiver at the consulate.

It sounds like you have three kids, which would make your household size five. You'll need a joint sponsor if you don't have sufficient income when it comes time to submit an affidavit of support. Any US citizen or permanent resident who is domiciled in the US can be a joint sponsor.

A good immigration lawyer would be a wise investment at this point.

[Xanax 349]

Have you posted this in 2 forums?

[Penguin_ie 5,994]

*** 3 topics on the same question merged. PLease only post once on an issue/ question. ****

[LBB918 0]

Yes I did, I did not know the place for it.

[LBB918 0]

Was the asylum application merely denied, or was rejected as a frivolous filing? This is an important distinction. Someone found to have submitted a frivolous asylum application can be barred forever from receiving any immigration benefit under the INA, which means he would never be eligible for an immigrant visa or a green card, and no waiver would ever be available to overcome this. It may seem severe, but it's necessary. Virtually everyone with feet inside the United States is eligible to submit an asylum application, even as they are being dragged to the plane after having been deported. The government doesn't want to be flooded by asylum applications from people who are just trying to postpone the inevitable, so they make the consequences for filing a frivolous application intentionally severe.

If his asylum application was merely denied then he'll have a ban of 10 years for the period of unlawful presence. He can't adjust status because of the EWI, so he'll have to leave the US. He'll probably be eligible for an I-601 waiver of the ban if you can prove it would be an extreme hardship on you if he were not allowed to return to the US. This is difficult under any case, but it's even more difficult if you're not married. If he waits until he's deported from the US then he'll also need an I-212 waiver. The upside is that the extreme hardship requirement for both waivers is the same. If the hardship is deemed sufficient for one waiver then it's sufficient for both.

The way this usually works is the US citizen spouse files a petition for an immigrant visa. The petition is eventually approved and forwarded to the consulate in the alien spouse's home country. The alien returns to their home country to finish the visa application and attend an interview at the consulate. The visa is denied because of the ban, and the alien submits the waiver application(s). A decision is usually made within a few months.

The President signed an executive order last year asking USCIS to devise a procedure so that I-601 waiver applications could be filed while the alien spouse was still in the United States. The proposed procedures have been published by USCIS, and they are currently accepting comments on them:

http://www.uscis.gov/provisionalwaiver

Note that this procedure has NOT been approved yet. USCIS will continue accepting comments until next month. It's expected that a formal procedure will be in place by the end of the year. The new provisional waiver will be called the I-601A. If you get married and your husband is still in the US when the I-601A is implemented then you will be able to file for the waiver before your husband leaves the US. If it's approved then he'll only have to leave long enough to complete the visa processing at the consulate. Having the provisional waiver is NOT a guarantee that the visa will be approved, but it IS a guarantee that he won't be denied for the inadmissibility that was waived by the I-601A.

The I-601A process will only be available for waivers of inadmissibility, like the overstay ban. They won't be available for I-212 waivers, which are requests for permission to reenter the US after deportation. If he's place in removal proceedings and ends up being deported then he'll still have to apply for the I-212 waiver at the consulate.

It sounds like you have three kids, which would make your household size five. You'll need a joint sponsor if you don't have sufficient income when it comes time to submit an affidavit of support. Any US citizen or permanent resident who is domiciled in the US can be a joint sponsor.

A good immigration lawyer would be a wise investment at this point.

I read the link that you sent and I do not think that I can use it because a person is placed in the removal category when they lose their case (I think... the phone service says removal)

I do not think that it was deemed frivilous (I had the lawyer email me the letter if seeing it would help)because he has the oppertunity to appeal in federal (or reopen the lawyer was not great, Muhamet did not even know that he had the oppertunity to include a personal statement or request to be at his Appeal hearing. The guy just took teh money and filled in the blanks) but we just dont have the funds at the moment. and the clock is not going in our favor.

[LBB918 0]

AAAAAHA! I called the immigration number with his A number and the clock stopped on May 3 2010. Before his appeal but it says everything about the dismissal for April 28 2012. Im confused.