Is Deportation in effect due to COVID?

[Deedee0613 2]

Hello everyone, 

 

It's been a while since I posted and this question is not for me. I am helping a family member of ours who is in a bad situation. I will explain everything as detailed as I can in hopes that someone can help me help them. 

 

In 2006 a female US citizen petitioned her fiancé and his 2 girls (ages 6 and 8 at the time) on a k-1 visa who were living in the Dominican Republic.  All 3 migrated to the US once everything was approved. As the days went by, the female who petitioned started acting quite strange and was beginning to act very violent to the girls and to the husband. This lead the petitioner not wanting to get the permanent visa for the beneficiary. Things got very bad at home, the petitioner made things difficult for the family to get their residency. She hid the girls passport, birth certificate and any important document. The petitioner went to the extreme of going to the police and stating that her husband had hit her (she had no evidence of this) and wanted a restraining order. Of course the order was denied, and at this point the husband left the house with his girls to another state. He filed for divorce and she made it her business to discredit him with friends and family.

 

A few years moving forward, he met someone in this new state and they decide to marry (they also have a son together). This someone was kind enough to pick up the girls immigration paperwork and wanted to file the AOS for them since the original petitioner left their process in limbo. She was misinformed and she started a brand new petition of a I-130. Here is when things get complicated...

 

The new couple got married in May 2015. The step-mother decides to file a "new I-130" for them. A year later the girls gets an interview and was placed in administrative processing. The CO stated that they need to further investigate the case. At the time they did get a social security card and a work permit when they were at age. The girls are bright girls. Both graduated with 4.0 gpa an honors. They are currently assisting College to achieve their goal as physicians and both are working girls.

 

November 2019, both girls received a letter stating that they needed the original petitioner of their K-1 visa to finish their process. The father was upset because he knew that getting in contact with this lady was going to be difficult. He decided to still go forward with this since he needed for the girls to have their residency. He finally went with the girls to where they use to live. She didn't want to open the door or even hear what they had to say until she gave in and read the letter that USCIS sent. She laughed in their face and said, "You think I will believe this BS? I know they did not sent this, and even if they did send the letter, I am not going to do anything, That is your problem and you deal with it!"

Needless to say they left upset, the girls were crying, the father was distraught. They tried one more time the following day since they live 5 hours away, they couldn't just give up. Once again, the og petitioner declined to help them and said that she was happy that this was happening to them. (very evil)

 

They came to me in hopes that I could help them 5 days before they needed to turn everything in. I am not a lawyer nor do I pretend to know immigration law. I did my paperwork with my husband via VJ and it was very successful (Thankfully) I tried to continue their petition paper work under the new I-130 that was submitted by his new wife by still sending the AOS as well as a detailed description explaining that the OG petitioner did not want to compete the AOS for the girls. I sent their school transcript, their proof of employment stating that they working girls and paying their taxes. I sent proof of both parents income and their bond as a family. I was able to send this before the date that USCIS asked for. I didn't know what else to do, I thought at least we must submit something instead of nothing.  So we waited... 

 

On March 19 2020, the girls received the letter that we were afraid of.... The decision to deny the AOS and as well as they must depart of the US within 33 days of the date of that letter. They were also denied to re-appeal, however they can apply for a motion to re-open the case. Now, this was in March, in the midst of COVID. When everything was closed including the USCIS. Again we are in limbo with no idea what to do from here. Any advice will be greatly appreciated. This community has always been great to so many of us and I hope that you guys can help me come up with a solution.

 

(I apologize for the long story, but I wanted you guy to understand the situation a little more in depth)

 

PS: We have tried contacting a few immigration lawyers but no one has responded because their offices are closed. 

Edited August 16, 2020 by Deedee0613
adding information

[JFH 12,190]

Is the husband (the man who came from the DR) here legally? Was his AOS completed successfully? It’s true that the original petitioner must sign the I-864 and to follow through with their side of the AOS deal for the immigrants to obtain permanent residency. A new wife cannot do that. The only exception would be with a successful VAWA claim (despite the name, men can also file as the victims of domestic violence) but from what you have posted this is not applicable here. The first wife may well have been unkind, spiteful, etc but that’s not the same as abuse. 
 

You only mention the girls’ AOS journey. What happened to the father? 

Edited August 16, 2020 by JFH

[geowrian 22,337]

21 minutes ago, JFH said:

The only exception would be with a successful VAWA claim (despite the name, men can also file as the victims of domestic violence) but from what you have posted this is not applicable here. The first wife may well have been unkind, spiteful, etc but that’s not the same as abuse.

More precisely, it doesn't meet the requirements for VAWA. Something can be abuse but not meet those requirements still.

 

And more specifically, VAWA requires both that they actually married (it's not clear if they did or didn't here...) and they are either still married or the I-360 is filed within 2 years of the divorce being finalized. So that has long passed. VAWA is not a viable option now even if they did previously meet the abuse requirements.

Edited August 16, 2020 by geowrian

[HRQX 4,145]

1 hour ago, Deedee0613 said:

Now, this was in March, in the midst of COVID. When everything was closed including the USCIS.

Note that at time they were only closed to routine in-person services. They were were still accepting and processing forms.

 

Also, deportations continued throughout COVID: https://www.ice.gov/coronavirus

1 hour ago, Deedee0613 said:

The decision to deny the AOS and as well as they must depart of the US within 33 days of the date of that letter. They were also denied to re-appeal

That outcome should have been expected because Matter of Song is very clear: http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

1 hour ago, Deedee0613 said:

The step-mother decides to file a "new I-130" for them.

Filing AOS was the wrong path. Filing I-130 was correct, but should have filled-in: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" fields. They would also need I-601A waivers: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

 

@geowrian, since the new wife filed I-130 petitions before they aged out, are they still eligible for IR-2 path?

Edited August 16, 2020 by HRQX

[geowrian 22,337]

9 minutes ago, HRQX said:

That outcome should have been expected because Matter of Song is very clear: http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

For the OP's reference, AOS is still possible via Matter of Sesay. But as noted above, an I-864 from the K-1's petitioner is required, which seems to not be in the cards here.

 

9 minutes ago, HRQX said:

Filing AOS was the wrong path. Filing I-130 was correct, but should have filled-in: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" fields. They would also need I-601A waivers: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

^This. They are still eligible for an immigrant visa abroad. They can use an I-601A waiver to address the 10 year bar they will receive upon exit from the US.

 

9 minutes ago, HRQX said:

@geowrian, since the new wife filed I-130 petitions before they aged out, are they still eligible for IR-2 path?

FAM: https://fam.state.gov/FAM/09FAM/09FAM050201.html

 

I will actually have to defer to others to verify, but my understanding is that the "seek to acquire" requirement for CSPA eligibility does not apply to IR applicants. As such, they would still be classified under IR-2.

Quote

9 FAM 502.1-1(D)(6)  Sought to Acquire LPR Status Provision

(CT:VISA-91;   03-16-2016)

a. In family and employment-based preference, DV, and SIV cases the alien must seek to acquire LPR status within one year of visa availability.  The one-year requirement does not apply in IR or IB cases.

(1)  The one-year requirement generally means that the applicant must have submitted the completed Form DS-260, Part I within one year of a visa becoming available.  However, if the principal applicant adjusted to LPR status in the United States and the derivative seeks a visa to follow to join, then the law requires generally that the principal has filed a Form I-824 within one year of a visa becoming available.  The submission of a Form DS-260 that covers only the principal applicant will not serve to meet the requirement for the alien child.

(2)  You should be aware that because the Form I-824 did not have a field specifically to list derivative beneficiaries, there is no requirement that the principal applicant attempt to amend the form to reflect the names of derivative applicants.  Therefore, the timely filing of the Form I-824 by the principal applicant in the United States will meet the CSPA requirement to seek to acquire LPR status within one year of visa availability.

(3)  The filing of a Form I-485, Application to Adjust Status, by the principal alien in the United States does not satisfy the "sought to acquire" provision on behalf of a following to join derivative.  However, a beneficiary can satisfy the "sought to acquire" requirement by paying IV fees, filing a Form I-864, Affidavit of Support (only if the applicant is listed on the Affidavit of Support), or paying the Form I-864 filing fee to NVC (only if the applicant is listed on the Affidavit of Support).  For questions about individual, fact-specific circumstances that may meet the "sought to acquire" requirement, submit an advisory opinion request to CA/VO/L/A. 

b. INA 203(h) requires that an alien beneficiary seek to acquire LPR status within one year, not that the alien actually acquire such status within one year.  Therefore, if the alien files a Form DS-260 but has his or her IV refused but the ground of refusal can be overcome, or if the alien is the beneficiary of an Form I-824 that is rejected for a procedural reason, the act of filing the Form DS-260 or Form I-824 may still satisfy the statute.

 

[pablo2752 106]

Although I appreciate your kindness, I think you shouldn't have done this yourself. You should have helped them seek a lawyer that are familiar with family laws as well. 

Unless money is a problem, find a local charity to see if they can help. Those charties often have pro-bono immigration lawyers. If they do have funds, go to AILA.org, find immigration lawyers in your friend's area, and then go to AVVO.com(yeah I know this isn't the best website due to various ways to boost rating but its better than Google reviews) to see who is the most experienced in deportation defense. 

[Lucky2Lucky 2,526]

This hasn’t been a DIY case - it sounds they have been here illegal for 10+ years unfortunately a lawyer really should have been used- lawyers haven’t closed due to covid so you should really be reaching out.
Yes they are still deporting people even during the height of covid when other countries had their airports closed. I just wanted to point out for your reference the term “working girls” Can insinuate they are prostitutes. I gather they are not from your story but wanted to educate you you probably shouldn’t use this term to describe them.

[Deedee0613 2]

3 hours ago, JFH said:

Is the husband (the man who came from the DR) here legally? Was his AOS completed successfully? It’s true that the original petitioner must sign the I-864 and to follow through with their side of the AOS deal for the immigrants to obtain permanent residency. A new wife cannot do that. The only exception would be with a successful VAWA claim (despite the name, men can also file as the victims of domestic violence) but from what you have posted this is not applicable here. The first wife may well have been unkind, spiteful, etc but that’s not the same as abuse. 
 

You only mention the girls’ AOS journey. What happened to the father? 

Thank you for your response. 🙂

 

Yes, the father is here legally. He was able to get his permanent residency even after the divorce. That is why he was able to marry the new wife. 

[Deedee0613 2]

1 hour ago, Luckycuds said:

This hasn’t been a DIY case - it sounds they have been here illegal for 10+ years unfortunately a lawyer really should have been used- lawyers haven’t closed due to covid so you should really be reaching out.
Yes they are still deporting people even during the height of covid when other countries had their airports closed. I just wanted to point out for your reference the term “working girls” Can insinuate they are prostitutes. I gather they are not from your story but wanted to educate you you probably shouldn’t use this term to describe them.

Thank you for your response and information. 🙂

 

 I did call a few office in my area and they were closed. I haven't checked recently.

 

They had a work permit as well as the SS card. The work permit was due to expire late this year, so they were not illegal for so long. 

 

And thank you for the correction. When I said "working girls" I meant that they both are holding a legal job at a retail store. 

[Deedee0613 2]

2 hours ago, pablo2752 said:

Although I appreciate your kindness, I think you shouldn't have done this yourself. You should have helped them seek a lawyer that are familiar with family laws as well. 

Unless money is a problem, find a local charity to see if they can help. Those charties often have pro-bono immigration lawyers. If they do have funds, go to AILA.org, find immigration lawyers in your friend's area, and then go to AVVO.com(yeah I know this isn't the best website due to various ways to boost rating but its better than Google reviews) to see who is the most experienced in deportation defense. 

Thank you for your response. 🙂

 

I agree 100%. I didn't think through since the family was very stressed out and didn't know what else to think of at the moment in a short period of time. I will help them look into finding a good immigration lawyer. Thank you for the info on the website 

[Deedee0613 2]

3 hours ago, HRQX said:

Note that at time they were only closed to routine in-person services. They were were still accepting and processing forms.

 

Also, deportations continued throughout COVID: https://www.ice.gov/coronavirus

That outcome should have been expected because Matter of Song is very clear: http://myattorneyusa.com/matter-of-song-27-iandn-dec-488-bia-2018-k1-aos-applicant-must-have-affidavit-of-support-from

Filing AOS was the wrong path. Filing I-130 was correct, but should have filled-in: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in" fields. They would also need I-601A waivers: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

 

@geowrian, since the new wife filed I-130 petitions before they aged out, are they still eligible for IR-2 path?

Thank you so much for this great information. 🙂

[HRQX 4,145]

2 hours ago, Deedee0613 said:

Yes, the father is here legally. He was able to get his permanent residency even after the divorce. That is why he was able to marry the new wife. 

He got the Green Card through the new wife or did he get it before marrying the new wife? If the latter, had the ex-wife previously submitted an I-864 affidavit?

Edited August 16, 2020 by HRQX

[Boiler 45,520]

1 hour ago, Deedee0613 said:

Thank you for your response. 🙂

 

Yes, the father is here legally. He was able to get his permanent residency even after the divorce. That is why he was able to marry the new wife. 

How was he able to get permanent residency and why was it needed for him to marry?

[JFH 12,190]

5 hours ago, Deedee0613 said:

Thank you for your response. 🙂

 

Yes, the father is here legally. He was able to get his permanent residency even after the divorce. That is why he was able to marry the new wife. 

So why were the young children not included in the AOS process? Why would the ex-wife help the adult stay here but not the children? 

[Duke & Marie 1,389]

6 hours ago, Deedee0613 said:

Thank you for your response. 🙂

 

Yes, the father is here legally. He was able to get his permanent residency even after the divorce. That is why he was able to marry the new wife. 

How did he get permanent residency? 

 

If he did then why didn’t his children get theirs when he got his and even then why didn’t he file for his children after he got LPR...