Why I joined this site and how you can help me.

[Ontarkie 14,226]

~~Stick to answering the questions, if you cannot post constructively do not post.~~

~~On another note the OP is the only person who can ask for this thread to be close unless it it violates the terms of service. If you do not like the way this thread is going refrain from posting.~~

Edited May 15, 2015 by Ontarkie

[Jawaree 717]

OP I am sorry for your plight dude, and speaking to U man to man OK

no blame no disrespect....Look this case is almost at the end of the

rope unless by some miracle, so breathe, what will be your next move?

As an only child I think U were never made ready for the world & 19 is

still young, however don't allow a PTSD diagnosis to cripple your life, I have

seen many blind & Down Syndrome ppl held jobs at the supermarket, hardware

etc....You can never help dad even after he leaves if you don't man up.

Son in life (most times) our parents goes B4 us, you have to do for you &

moms future, U have no siblings, start getting serious about taking care of

yourself myou can get therapy, do exercises,get some positives friends,

even do some lawn mowing or snow removal to help mom.

Clearly there are many issues, it did not start with one shove, U are moms

protector (we see this in young buys with some abuse in homes) mom obviously

depended on U like the little man and dad drank, leading to PTSD...I hope you

get help & the asylum will speed up deportation along with felony if they

considered the asylum app frivolous...only stop left is Supreme Ct writ of cert

I wish U some relief soon

[Fiji Indian 1]

OP I am sorry for your plight dude, and speaking to U man to man OK

no blame no disrespect....Look this case is almost at the end of the

rope unless by some miracle, so breathe, what will be your next move?

As an only child I think U were never made ready for the world & 19 is

still young, however don't allow a PTSD diagnosis to cripple your life, I have

seen many blind & Down Syndrome ppl held jobs at the supermarket, hardware

etc....You can never help dad even after he leaves if you don't man up.

Son in life (most times) our parents goes B4 us, you have to do for you &

moms future, U have no siblings, start getting serious about taking care of

yourself myou can get therapy, do exercises,get some positives friends,

even do some lawn mowing or snow removal to help mom.

Clearly there are many issues, it did not start with one shove, U are moms

protector (we see this in young buys with some abuse in homes) mom obviously

depended on U like the little man and dad drank, leading to PTSD...I hope you

get help & the asylum will speed up deportation along with felony if they

considered the asylum app frivolous...only stop left is Supreme Ct writ of cert

I wish U some relief soon

Thank you.

[Fiji Indian 1]

So it is the 9th Circuit, not has been tried by the 9th Circuit? If they have said no then that is realistically it.

$4,000 is Lawyer fees is a couple of days work, so a lot to you, but not a lot in the context of this case.

Mum would have sponsored him, been denied because of the crimes and then given the opportunity to file a waiver. As they are now asking about hardships was the waiver filed? Should have veen this was years ago, but wondering what the game plan is.

Sorry this post got covered with all the other mess.

1.) Yeah the 9th circuit is finished. We are hoping to present our case to the Supreme Court.

2.) True. He took the money, so there must be something that can still be done to atleast delay his case.

3.) My Mom could not get a waiver on that sponsor, because it said it was final or something. This is not the same lawyer that we had when my Mom filed to sponsor him. I believe this is our 3rd or 4th lawyer handling this case now.

Is there something that can be filed (while I am under 21 & unmarried) by my Dad to use me as a advantage in the case? Let's just say that he were to be deported (which I am still not ready to accept consciously), will he have a possibility in returning after I turn 21 and file some papers, with the Domestic Violence being on his record and all?

And we cannot get our $10,000 bond that my Dad had gotten out on 2012.

[TBoneTX 45,304]

www.immigrate2us.net is the grail.

www.scottimmigration.net has some good reading, talks a lot about waivers, good hardships etc etc.

OP, the above sites might be of more help than can be offered here. Participants here aren't used to dealing with comparatively extreme situations like yours, and so they will contribute only toward the pieces of the story that they think they can comment on.

[Jawaree 717]

OP only his wife can file tge waiver to bring im back and

at 19 you don't qualify as a hardship relating to a minor,

accepting deportation is hard for anyone, asylums

works against ppl when the IJ throws it out, maybe you

and mom could go with him and live there and close to his

ban expiration you both return and re-petition him , you

can be the co-sponsor then over 21.

Please understand apart from a writ of cert being very expensive

to do the Supreme Ct throws out most & if theres no precedence

or similar cases , it gets junked even before the justices receive it

by the reviewing panel

[Villanelle 4,122]

If people truly consider this a troll, then I guess the Admin can close the thread. But please don't delete it, because there are helpful information (sadly over shadowed by those who do not understand yet comment), because I may need to take a look at them again.

I would like to take this time and thank those who have supported me and actually read my posts, instead of commenting to side with the majority.

Nothing furthur needs to be discussed on this thread. But please post a link to an existing topic about waivers and stories of something that is similar to my situation. All I need is examples to use for my case.

Thank you. Especially you, Boiler.

Hun-

This thread has spiraled out of control a bit. I respect that you have a vision of the type of information you would like to gather and I am open- but hesistant- to assisting you in drafting a letter- however I think that your are somewhat misguided on the direction.

So can we take a step back here and start at the basics. I see you are looking at 212 and 601s. Thats good but its bad because you dont really learn much looking at others cases. No two cases are the same. One slight detail different and totally different rules apply. Huge differences. Im talking massive. So you are better off educating yourself about the basics of the law and applying it to your own unique situation FIRST.

So to get status through a relative petition you need to show:

1. That you are “admissible” -- that is, that you don’t have certain problems

that can keep you out of the U.S. such as health problems, drug addiction,

criminal or terrorist activity, poverty, entering illegally after a removal or

deportation order (explained in detail later), or

2. That you qualify for and deserve a waiver (pardon). Not everything can

be waived (or pardoned).

You are NOT admissible if you are in one of the following situations:

Crimes

 You admit committing or have been convicted of a "crime of moral turpitude"

UNLESS you have only one and it is a "petty offense"

 You admit committing or were convicted of any drug crime, or there is

reason to believe you are or have been a drug trafficker;

 You were convicted of more than one crime and your sentences "imposed"

add up to 5 years or more in prison (Note: "Imposed" does not mean served,

so just because you served less than 5 years does not mean your sentence

“imposed” was less than that.

 You helped or tried to help someone enter the U.S. illegally (even if

you were not convicted);

 You lied or used (or tried to use) false papers to get into the country,

work, or get some other immigration-related benefit (even if you were

never convicted).

Money problems

 You are likely to become a "public charge," that is, to require certain kinds of

government help such as welfare. For example, you could be inadmissible if you

cannot show that your family (and other people if need be) have sufficient funds

available and agree to support you financially if it becomes necessary.

Deportation or removal

 You were deported or removed less than 10 years ago (or less than 20 years

ago if it was not your first time) or removed after being stopped and detained

at the border or port of entry less than 5 years ago (or less than 20 years ago

if it was not your first time);

 You were ever excluded, deported, or removed after having been

convicted of an “aggravated felony”

 You did not show up in court for removal proceedings (deportation

proceedings that started after March 31, 1997), you cannot show exceptional

reasons why you did not attend court, and it has been less than 5 years since

you left or were removed from the U.S. after that.

Time living illegally in the United States

 You voluntarily left the United States less than 3 years ago, without being

in removal proceedings, after you had been in the U.S. illegally for more

than 180 days straight(all after March 31, 1997)

 You left the U.S. (whether voluntarily or not) less than 10 years ago after

having been in the U.S. illegally for total of at least one year (all after March

31, 1997);

 You ever left the U.Sor were ordered removed after having been illegally

in the U.S. for a total of one year (all after March 31, 1997) and you then

reentered or tried to reenter the U.S. illegally;

Health Problem

 You have a certain disease or physical or mental health disorder.

Other things that make people not admissible include being considered dangerous to

U.S. national security, engaging in terrorism, having been a member of the

Communist party or any other "totalitarian" party (with some exceptions), and voting

illegally in an election. Also, people who came in on non-immigrant "J" visas to teach,

learn or train in special programs have to go back and live in their countries for two

years before they can apply to be permanent residents of the U.S. (with some

exceptions and waivers available).

What is a crime of moral turpitude, and what is a petty offense?

It can be hard to tell whether a crime is a “crime of moral turpitude,” and you may

need legal advice. It can be a felony or a misdemeanor. Generally, if the crime

involved dishonesty, fraud, an intent to steal, physical harm done on purpose or by

being reckless, or sexual misconduct, it is a crime of moral turpitude. Domestic

violence is sometimes a crime involving moral turpitude, especially if you pled guilty

to or were found guilty of hurting someone. Some acts against property are also

considered crimes of moral turpitude.

Some examples of crimes of moral turpitude are murder, rape, voluntary

manslaughter, robbery, burglary, theft, arson, aggravated assault, and forgery. On the

other hand, the following are generally not crimes of moral turpitude: involuntary

manslaughter, simple assault, trespass, joy riding, and various weapons possession

crimes.

If you were convicted of only one crime of moral turpitude, you cannot be found

inadmissible if it is a "petty offense." A petty offense is a crime for which 1) the

most jail time you can get by law is one year (usually, this means a misdemeanor)

and 2) if you were given prison time, the sentence the judge gave you was 6

months or less in prison. How much time you actually served doesn't matter -- it

could be more or less than 6 months; what matters is what the paper that shows

your conviction and sentence actually says.

NOTE: The best way to deal with a conviction for a crime of moral turpitude is to get rid

of it. In some situations, you can "expunge" (get rid of) a conviction by filing papers with

the court where you were convicted. The law of expungement and how it relates to

immigration cases is very complicated. Especially if you do not come under the

exception for a "petty offense," you may want to get a lawyer to look into this for you.

FOR WHAT CRIMINAL PROBLEMS CAN I GET A WAIVER?

There are several different kinds of waivers.

The waiver for several types of crimes is called “212(h).” You can find it in section

212(h) of the Immigration and Nationality Act or volume 8, section 1182(h) of the

United States Code.

The 212(h) waiver waives:

 Crimes of "moral turpitude" (explained above) except murder or

torture, or an attempt or conspiracy to commit murder or torture

 "Multiple criminal convictions" (with sentences totaling 5 years or more)

 Prostitution and promoting prostitution

 Only one offense (whether you admit to it or whether you were convicted)

of simple possession of 30 grams or less of marijuana (and no other

drug)

 Having claimed "diplomatic immunity" to keep from being prosecuted.

You can only apply for the 212(h) waiver if:

1)You are the husband, wife, parent, son or daughter of a

2)U.S. citizen or lawful permanent resident who would suffer

3)"extreme hardship" if you were kept out of or forced to leave the U.S.

or

1) It has been at least 15 years since you committed the crime,

2) letting you in would not harm the welfare, safety, or security of the

United States, and

3) you have been rehabilitated (You have changed and do not now commit

crimes).

(all of the above was taken from (http://www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Adjustment%20of%20Status%20-%20English%20%289%29.pdf) Its an old doc so some of the info is outdated as new laws have been passed. There is also relevant info at http://www.ncids.org/Defender%20Training/2006%20Spring%20Conference/Immigration%20-%20Kaci%20Bishop.pdf)

The parts of thelaws that have changed DO NOT APPLY to YOUR SITUATION currently so I feel it still okay to link you to the outdated documents for reference right now.

It all basically restates what Boiler has been telling you multiple times. The Domestic violence charge is a very very very big deal. It puts your dad in the category of inadmissible. ONLY and IF ONLY you discover the specifics of his offense are different then what you reported- (one year in jail for DV/3 yrs for immigration) it wouldnt be such a big deal as it would fall under petty offense (something that the maximum potential sentence could be 1 year and you only got 6 months or less. But you state that it was a one year sentence issued to him. So it is NOT PETTY, and he is NOT ADMISSIBLE> so a waiver would need to be applied for.

Like I said before at the beginning the laws are funny things and are very very specific and one little word makes a very big difference. You are saying things like it was a DV charge conviction- but was it really? Are you sure that is the actually wording on it? Because that too makes a HUGE difference. Many here were skeptical of that being the ACTUAL wording because that would be a very unusual occurrence (unusual but not impossible) but unusual chain of events where a prosecution successfully occurs and a prison sentence is issued of 1 year for domestic violence WITH OUT the victims co-operation. The paragraph in regards to getting the case expunged may or may not be feasable depending on the actual charges. (this would be somewhat outside of the scope of your immigration lawyer however. They would need to refer you to a criminal lawyer which will cost more money, but a consultation should be free and is worth looking in to)

Going back though, its a two sided issue- are you admissible (the answer is NO) and if you are NOT can you get a waiver?

From what youve described it seems you have attempted to submit a waiver and it was denied.

I can attempt to explain to you WHY it was denied. The government is fully aware that not admitting someone into the country or refusing them or removing them while other members of their family reside here- well it sucks. It causes emotional turmoil, heartache. Kids to grow up missing a parent. It causes financial turmoil. THEY KNOW THIS> Its not a surprise. They get it. Its a hardship. But its not an EXTREME hardship/ Take a second and think logically for a moment that if they allowed anyone "in" and a "pass" who said but my "blank" is here so I need to be to- well then anyone and everyone would get in- just... because. A hardship is not the same as an extreme hardship. Life is hard. Im sorry. Thats their position. We dont hand out free food and utlities to just anyone and everyone on a daily basis- just to those who show they are truly truly in extreme need.

With that being said, what ever you 'told them' the last time was surely a sad story and was a hardship but just wasnt their definition of "extreme hardship"/ This happens on here a lot. People come and share their stories and members sometimes less then tactfully will tell them - you dont have a case- because well, its true- according to the USCIS standards you arent meeting the burden of proof. But in no way does it not mean its not real or its not a hardship, it just means in the eyes of USCIS its not a qualifying hardship to get you the benefit.

Now your lawyer MAY and its a BIG MAY be able to string together a hardship case- but honestly hes not charging a lot of money and to be honest you are stating he is asking YOU to write the letter??? He seems to not be answering you? what the heck?!

This can go two ways- Its kind of like does he want you to come up with a draft of whats going on and hes going to refine it and make it into something acceptable or hes just going to take what you have and submit it and say yeah no sorry it didnt work out- again.

So I would get some clarification from the lawyer about what hes doing for you and what he wants from you. What exactly is his basis for this hardship? From your posts it seems he is going to go the direction that you and your mother are struggling and your dad will be the stability in your lives.

Also you mention therapist a lot. I am fully aware of your reluctance to divert the thread into your issues- however if your hardship is going to hinge on your needing your dad then it is relevant. Drs have different codes after their names as you know. Different ones have different weights with USCIS. Consulars have very little where as a psychologist or psychiatrist is a qualified professional. Im seeing a "Therapist" is a casual word people use that can really be anyone in the mental health field to be honest. You dont have to disclose your info here, I can send a link to the policy manual where it explains what I am talking about and you can see if who you are seeing falls into and perhaps you may need to get an exam an letter from someone else to include.

Finally- PTSD is a qualify DISABILITY by the US GOVERNMENT> as a US CITIZEN, well since you have been recently naturalized, I believe you must wait- I want to say mmm 2 years- I think, I have to double check, but there is a waiting period- (and please people take a chill pill on any outrage because mr mod is on the thread so dont make him be the bad guy here with his ban hammer) but after the waiting period you are allowed to file for disability benefits. Yes, your benefits will be calculated by how much youve worked- which is not going to be much because of your age and how long youve been in the country- BUT because of such you will get the supplemental added which will bring the total payment to an amount that will bring your yearly amount to just about the poverty line. You will also be able to work part time- they will help you- with the get back to work program.

You would also get medical after one year, Im assuming you have medical now. And to be honest, medication is not the only treatment. What are they. How would your dad help that? how will he help your mom? Eh. Its complex, but I think an outline can be made if you want assistance- let me know.

[Cyberfx1024 7,980]

For the record you are the one who has brought up the issue of having PTSD and that's some reason why you need a hardship waiver. Even though you say your ptsd is from your father being in jail. This struck a nerve with me because I am suffering from PTSD and I am not being the victim here. Sorry for harping on that but it struck a nerve with me.

[Fiji Indian 1]

Thank you everyone for the help. Yes, I have started seeking additional help on immigrate2us.net

I thought I'd update you guys on here that, someone met with my Dad in jail today. They forced my Dad to sign some kind of papers. My Dad told them his lawyer is meeting him today, but they told my Dad, that if he didn't sign the paper he will not meet his lawyer.

Our lawyer is trying to find out what kind of paper was signed. My Dad is not fluent in English, so this was forced on him. Is there something we can do? We are afraid to think about what the paperworks may have been.

[Boiler 45,525]

My guess is that he agreed to Deportation.

If he does not understand English how did he know what they were saying?

[Fiji Indian 1]

My guess is that he agreed to Deportation.

If he does not understand English how did he know what they were saying?

My Dad does understand English a little bit. What he doesn't understand is how to read in English. He was forced to sign something he didn't fully understand. And yes they made him sign some papers so they can get his passport from the Fiji Embassy here in America to, and put him on a plane right away.

Can someone please tell me who can we contact to stop this. They forced him to sign the paper without talking to his lawyer. His rights were denied.

[Boiler 45,525]

Something you need to talk with your lawyer about.Surprised he was not told by his Lawyer not sign anything? Usually it would be the first thing they would tell you.

[Fiji Indian 1]

Something you need to talk with your lawyer about.Surprised he was not told by his Lawyer not sign anything? Usually it would be the first thing they would tell you.

As I mentioned, he was told if he didn't sign the papers, he will not be able to meet his lawyer. My Dad told them that his lawyer is coming today (which he did thankfully) and to wait a few hours, but they threatened him to sign the papers or be put in jail. And we cannot contact our lawyer to discuss what we can do, because he is not communicative. By the time we get to talk to him directly, it will be too late.

Our main concern now is who can we contact to get a stay order on his deportation? He could be deported in 24 hours.

As I have mentioned on this thread, he has not been in Fiji for 15 years. He has nothing there. He cannot work there because he is 59 and retirement age is 55. My Dad has no clothes or money. They are deporting him to be homeless.

[Boiler 45,525]

So he saw his Lawyer after all this happened so the Lawyer has it in hand?

[Fiji Indian 1]

So he saw his Lawyer after all this happened so the Lawyer has it in hand?

Yes he saw the lawyer after he was forced to sign the papers. But as far as the lawyer handling it, we do not know. The lawyer has not told us what exactly he is gonna do. Whether it be a stay order or go to court tomorrow, we have not been told what we can do. But we are afraid that if something isn't done, he may possibly be on the plane tomorrow evening to Fiji.