avoid going back!

[Maha89 0]

Hello everyone, i'm hoping someone on this forum will be able to give me some help. here is my story... i'm a US citizen (Lebanese background),i'm engaged to a Lebanese man who's been here for over a year, he came here on k-1 visa and then 8 months after being married, he had problems with his ex and they got divorced.... he didn't get a green card.

I have spent some money on a lawyer but i realized she doesn't have the experience. i acknowledge and respect the law, which states that even if we get married he will have to go back to Lebanon and stay there while i start the process and i will have to apply for a waiver for him etc.... but the thing is the situation in Lebanon is a mess right now, there was a huge car bomb like a few weeks ago that targeted the intelligence chief and many people died. i'm really scared and i don't want him to go back besides i don't know what his chances are to get another visa since he is from Lebanon and already has a 10 year ban. is there anything i can do to avoid him going back, can i apply for him while he is here? i don't care to pay extra fees! do you think it will help if i write a letter to USCIS and explain my situation?..... any help is highly appreciated!

[Harpa Timsah 13,258]

There is no path to legal status for him from within the US, except through marriage to the person who petitioner him for a K-1 visa in the first place. He doesn't have to go to Lebanon though, he can go to a third country (he will need to get legal status in said country).

[rade2rising 205]

I wonder what is the story with the first girl. Obviously he didnt adjust status so he has to find some way to stay here legally. Please make sure your relations are legit and this man is not using you. Consult with a better lawyer.

[Maha89 0]

There is no path to legal status for him from within the US, except through marriage to the person who petitioner him for a K-1 visa in the first place. He doesn't have to go to Lebanon though, he can go to a third country (he will need to get legal status in said country).

Thank you for your reply, to get a residency in another Arab country will probably be another long process to go through... ughh

Do you think asylum is an option for him? if so what are the steps and how long does it take? and is it better to get married before of after he applies?

Sometimes i think that i should just go live with him in Lebanon but i don't know if that would be the right decision!!

[ceadsearc 516]

He may be able to pursue asylee status ... Definitely need a good lawyer for that though.

[aaron2020 11,651]

Thank you for your reply, to get a residency in another Arab country will probably be another long process to go through... ughh

Do you think asylum is an option for him? if so what are the steps and how long does it take? and is it better to get married before of after he applies?

Sometimes i think that i should just go live with him in Lebanon but i don't know if that would be the right decision!!

You're scare for him returning to Lebannon because it is dangerous but you are willing to go live there? That doesn't make sense and will not help in an asylum case.

You are making this harder for yourself. An asylum application is much more difficult than a spousal petition.

Accept the fact that you will be separated if you want him to be legally able to live in the US. Most couples here endure this separation. Let him return to Lebannon and file for a spousal visa.

P.S. I just spoke to a friend in Lebannon, she doesn't think it is any more danderous now than before. Hezbollah is still there. Political assassinations are common.

Edited November 11, 2012 by aaron2020

[Maha89 0]

I wonder what is the story with the first girl. Obviously he didnt adjust status so he has to find some way to stay here legally. Please make sure your relations are legit and this man is not using you. Consult with a better lawyer.

He said they used to argue all the time and she became so controlling.... he is so honest though, he tells me everything even though if he already knows that i'm not gonna like what he is gonna tell me.

[Maha89 0]

You're scare for him returning to Lebannon because it is dangerous but you are willing to go live there? That doesn't make sense and will not help in an asylum case.

You are making this harder for yourself. An asylum application is much more difficult than a spousal petition.

Accept the fact that you will be separated if you want him to be legally able to live in the US. Most couples here endure this separation. Let him return to Lebannon and file for a spousal visa.

P.S. I just spoke to a friend in Lebannon, she doesn't think it is any more danderous now than before. Hezbollah is still there. Political assassinations are common.

My ex fiance was Lebanese too! and we had to be separated for a long time due to the visa process and then after the interview he had to go through some kind of investigation and it took so long as well and he just gave up, he said this is ridiculous and that he wasn't being treated like a human being and he also said his life doesn't revolve around America and the visa. he asked me to come live with him in Lebanon but i was scared to do so.... my heart was totally broken

I was happy that this man is already in the US till we found out that he will have to go back and start the process all over again and this time it will take way longer since he overstayed.

That is why i don't want to go through this again and i'd rather go to Lebanon than be separated.

[Harpa Timsah 13,258]

Asylum is an extremely serious thing and should not be taken lightly. If you are even considering living in Lebanon, then obviously the situation is not bad enough to warrant even the slightest consideration of asylum. The US government does not take lightly to frivolous asylum cases, and filing one can lead to a permanent ban.

If he had gone home when he broke up with his wife, then he wouldn't have a ban. It is his fault he is in this predicament, because he did not follow the rules.

Maybe he could move to Ecuador for a while or something. http://en.wikipedia.org/wiki/Visa_requirements_for_Lebanese_citizens

You might want to consult with a lawyer to see what country he could live in to interview and wait for the waiver after his denial.

[Krikit 1,165]

You really need to join Immigrate2US. They specialize in hardship cases. Or please see posts by GlobeHopperMama. http://www.visajourn...obehoppermama/. In her signature are some recommended links.

Your fiance cannot adjust status based on his marriage to the ex, but there may be the possibility of him adjusting status based on his marriage to you. You really do need to speak with someone who knows what they're talking about. Definitely visit http://immigrate2us....um/content.php. And good luck.

Moving from Family-Based AOS Process to Effects of Major Changes.

Edited November 12, 2012 by Krikit

[AnotherLostSoul 167]

Thank you for your reply, to get a residency in another Arab country will probably be another long process to go through... ughh

Do you think asylum is an option for him? if so what are the steps and how long does it take? and is it better to get married before of after he applies?

Sometimes i think that i should just go live with him in Lebanon but i don't know if that would be the right decision!!

I don't know anything about asylum and how it goes, but can't he go to Mexico, or Canada. As a tourist at least on a tourist visa. Just so that he is legal in that country. It doesn't have to be an Arabic country. Think about it...all the best!

[belinda63 3,041]

You have to be a resident in the country where you apply for the visa. I don't think he could obtain a tourist visa to Mexico or Canada, something to look into, but as soon as he leaves the ban takes affect.

[bigdog 376]

Good Luck on finding a good attorney, I have seen adds for a guy, Shusterman in LA.

[GlobeHopperMama 95]

This is definitely a tricky situation. It doesn't sound from the description that he's eligible for any paths to adjustment of status in the US, but I wouldn't close off that entire line of possibility until a really good lawyer has reviewed the case. Shusterman in LA is top-quality, you can trust him, but there are others who may be less costly due to being less high-profile. The three linked in my signature definitely would be trustworthy to review your case and find any options that might exist short of leaving the US. Laura and Lizz offer free initial consultations.

However, even if he does have to leave, the fact that he's not currently under any immigration proceedings leaves you with a lot of freedom to time the process of going abroad for a visa, and several recent procedure changes have made it so that his time outside the country could be minimal, as short as a few weeks or less. Waivers for the 10-year ban are now filed at a lockbox in the US and although processing times have plateaued in recent weeks, the were under 90 days. But even more promising is that any day now, between now and the end of the year, an announcement is expected to be made detailing the launching of a Provisional Waiver program for people whose ONLY immigration inadmissibility is the 9B ban (3 or 10-yr unlawful presence ban). The Provisional Waiver would allow him to file the hardship waiver while still in the US, wait for it to be approved, and then go to his visa interview with a provisionally-approved waiver in-hand, allowing him to be immediately able to be given the visa when he goes to Lebanon. You can track this change and any announcements related to it at immigrate2us on this thread: http://immigrate2us.net/forum/showthread.php?107264-Proposed-Provisional-Waiver-Change-for-9B-ban-discussion-and-information

This is something that one of the above-mentioned lawyers would discuss with you, as all good waiver lawyers are preparing for this new change. Don't lose hope, but prepare to spend some money on the waiver process. And definitely check out immigrate2us, there is a lot of information available there.

[Maha89 0]

Thank you everyone,

i have checked the link you gave me and it says: An immediate relative would not be eligible for the proposed process if he or she:

Is subject to a final order of removal or reinstatement of a prior removal order;

what's a final order of removal and what leads to it? and what is the difference between that and removal proceedings? i wonder which one applies to my fiance!

Thank you again