Is Deportation in effect due to COVID?

[JFH 12,190]

11 hours ago, geowrian said:

 

 

And more specifically, VAWA requires both that they actually married (it's not clear if they did or didn't here...)

OP said they filed for divorce so they must have married. Unsure if this was before or after his AOS. 

[HRQX 4,145]

2 hours ago, Duke & Marie said:

even then why didn’t he file for his children after he got LPR... 

Would have encountered same AOS denial per the BIA cases mentioned in this thread.

2 hours ago, Duke & Marie said:

If he did then why didn’t his children get theirs

Thus, why we have asked for further clarification. I initially assumed that "She hid the girls passport, birth certificate and any important document." also affected the father's case. But, maybe the ex-wife was just totally non-cooperative towards the daughters' AOS process, but did the bare minimum for the father's AOS case.

[JFH 12,190]

We certainly need some clarification if we are to get any further with this. And we may never know the full story.

 

It certainly does seem strange to me that the first wife continued with the AOS for the man she claimed hit her, the man she even reported to the police for domestic violence (whether the accusation was true or not is another matter) and even attempted to get a restraining order against him. But did not continue with AOS for the young children who presumably never did anything to her of the magnitude that the first wife claims the man did to her. Or maybe she assumed that by filing AOS for him it would automatically mean the children would be able to stay. We must never assume that everyone else does the same amount of research into the process as we have done for own processes. 

But one does question why anyone would agree to be financially responsible for someone that had hit them. There’s probably a lot more to the story.

 

Edited August 16, 2020 by JFH

[geowrian 22,337]

2 hours ago, JFH said:

OP said they filed for divorce so they must have married. Unsure if this was before or after his AOS. 

Gotcha, I see it now. Thanks.

[VinnyH 59]

I agree with @HRQX and @JFH that we need to more clarification to get the full story. As of now, we only get one side of the story from the OP, and furthermore this is not a direct testimony from the relevant person, but second hand and only how the story was told to her.

 

I obviously do not question her honesty and commend her generosity in trying to help the father and his two daughters, but we do not even know for a fact whether this is how things really happened (at least from our perspective as members of this forum).

 

I certainly don't want to be cast as insensitive/prejudiced/judgmental/untrusting, but some things sound a bit strange, as mentioned by @JFH, such as why the first woman would continue on the AOS for a man she claimed has hit her etc...

 

After reading all the horror stories of [removed], it also makes me more cautious and critical, despite my first reaction and instinct to be sympathetic and taking someone's word for it.

 

Of course, all of this may be true and legit with a legit explanation to the items that were questioned (how come the daughters AOS were not taken care of at the same time as the father etc...), but there is also a remote possibility that the father pulled a green card trick to come with his two daughters, made up the whole abuse story, and left after he got his AOS to get with another woman, and things caught up to him many years later after he thought he managed to get away with it.

 

Once again, I am not questioning OP's honesty, but we don't know the full story nor haven't we heard the other side...

 

Cheers,

VinnyH

Edited August 17, 2020 by TBoneTX
impermissible reference removed

[aaron2020 11,651]

20 hours ago, Deedee0613 said:

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.

Unfortunately, there is nothing that can be done and no happy solution at this point.  The girls entered the US on K-2 visas and can only adjust status with the K-2 petitioner.  Even if they marry US citizens, they can not adjust status inside the US.  The choices right now are to live as undocumented aliens in the US forever without any way to adjust or leave the US and be subject to the 10 years ban. 

If they were to marry US citizens, they may be able to get provisional unlawful presence waivers and leave the US to interview for immigrant visas.  This is the only solution that I can see where they could be legal in the US.

Sorry.

Edited August 16, 2020 by aaron2020

[aaron2020 11,651]

After my first post, I think there may be a possible solution.  Please check this out with a few qualified immigration lawyers.

Since USC stepmom married dad before their 18th birthdays, she was able to file the I-130 for them.  Under CSPA, their ages would be locked in when she filed as it would have been Immediate Relative cases.  They may be considered the children of a USC which may qualify them for provisional unlawful presence waivers.  This may allow them to interview for immigrant visas abroad.  Don't know how the deportation would play into this.  Check into this with some experienced immigration lawyers.  

[JFH 12,190]

16 hours ago, Deedee0613 said:

 

 

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. 

 

On what basis did they have EADS (work permits)? Something must have been filed for them. 

[HRQX 4,145]

9 minutes ago, JFH said:

On what basis did they have EADS (work permits)? Something must have been filed for them. 

Per OP, new wife helped daughters file AOS in 2015. In 2016, they had AOS interviews and were in "administrative processing" until March 19, 2020 (date of denial). During that time they remained eligible for C9 EAD.

[Deedee0613 2]

I appreciate everyone's input. I understand that you all want the full story, as do I. That way you all can continue to give me correct advise if available. 

 

I spoke to the father today, and questions to him were the following:

 

- When did you get your 2 year conditional green card?

 in 2008

- When did you submit for removal of condition? 

 He applied for removal of conditions in 2014. It was approved and received his 10 year permanent GC in April 2015. 

- When did you divorce?

June 2012

- Why didn't she submit the rest of the girls paperwork along with yours when she submitted the AOS?

She told me that she did. She made me give her $2500 because according to her that was the amount that was needed in order to submit. Obviously I found out later on that she just took the money and nothing was done for the girls.

- When and how did the girls received a work permit and advanced parole?

After my new wife submitted the I-130 paperwork, they sent them a few months later the work permit card and SS card. It is how they were able to obtain a legal job and register for College. 

 

 

I tried to reach out to the OG petitioner back in November, and I was cursed out. I called her and then texted her explaining the severity of the situation. I told her that she wouldn't have to deal with him if it made her uncomfortable and would be willing to help her with any document that were needed. She definitely did not want ANYTHING to do with them or anyone that was related to them. 

 

Anyway, basically what I am gathering here is that the girls have no choice but to leave the country and have her father apply for a visa? This will be tough as they don't really know anything of the Dominican Republic. They were raised here and have American customs. This  will definitely put a hold on their careers and its sad to see them go through this. 

 

I am not even sure if consulting with an immigration lawyer would be needed if the end result would be just that...being deported 😔

 

4 hours ago, HRQX said:

Per OP, new wife helped daughters file AOS in 2015. In 2016, they had AOS interviews and were in "administrative processing" until March 19, 2020 (date of denial). During that time they remained eligible for C9 EAD.

Yes, this is true

[Deedee0613 2]

6 hours ago, VinnyH said:

I agree with @HRQX and @JFH that we need to more clarification to get the full story. As of now, we only get one side of the story from the OP, and furthermore this is not a direct testimony from the relevant person, but second hand and only how the story was told to her.

 

I obviously do not question her honesty and commend her generosity in trying to help the father and his two daughters, but we do not even know for a fact whether this is how things really happened (at least from our perspective as members of this forum).

 

I certainly don't want to be cast as insensitive/prejudiced/judgmental/untrusting, but some things sound a bit strange, as mentioned by @JFH, such as why the first woman would continue on the AOS for a man she claimed has hit her etc...

 

After reading all the horror stories of [removed], it also makes me more cautious and critical, despite my first reaction and instinct to be sympathetic and taking someone's word for it.

 

Of course, all of this may be true and legit with a legit explanation to the items that were questioned (how come the daughters AOS were not taken care of at the same time as the father etc...), but there is also a remote possibility that the father pulled a green card trick to come with his two daughters, made up the whole abuse story, and left after he got his AOS to get with another woman, and things caught up to him many years later after he thought he managed to get away with it.

 

Once again, I am not questioning OP's honesty, but we don't know the full story nor haven't we heard the other side...

 

Cheers,

VinnyH

Thank you so much for your response. 🙂

 

I posted a reply with more information about this case

 

Per my conversation with the Father today, she made the complaint in 2012, right before the divorce was finalized. They dropped the restraining order because she had no proof of anything.

Edited August 17, 2020 by TBoneTX
impermissible reference removed from quote

[HRQX 4,145]

35 minutes ago, Deedee0613 said:

I am not even sure if consulting with an immigration lawyer would be needed if the end result would be just that...being deported 😔

Still prudent to contact an experienced immigration lawyer. They might not even have unlawful presence bars. Minors don't accrue unlawful presence while under 18. And while I-485 was pending they also didn't accrue unlawful presence.

 

In case they ultimately are subject to bars, to me it seems they would be eligible for I-601A provisional waivers, but confirm with immigration lawyer: https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

"Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent."

"The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview." That limits the time outside US. Some lucky cases just spend 2 to 3 weeks outside the US. Other cases end-up spending months outside the US before returning with Immigrant Visa.

 

Also confirm with immigration lawyer that they are eligible for IR-2 visas since new stepmom married their father before their 18th birthdays and she was able to file the I-130 petitions for them. In that case, they can file two I-824, Application for Action on an Approved Application or Petition, so that USCIS can send the approved I-130 petitions to the National Visa Center. And Santo Domingo embassy should continue to issue IR-2 visas once they resume routine visa services.

Edited August 17, 2020 by HRQX

[HRQX 4,145]

1 hour ago, HRQX said:

Minors don't accrue unlawful presence while under 18.

Source is INA § 212(a)(9)(B)(iii)(I): "Minors No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i)."

1 hour ago, HRQX said:

And while I-485 was pending they also didn't accrue unlawful presence.

Source is 9 FAM 302.11-3(B)(1): "However, even aliens fitting into one of these categories may be deemed to be in a period of authorized stay in certain circumstances, as noted below."

https://fam.state.gov/FAM/09FAM/09FAM030211.html

 

In that case, to avoid unlawful presence bars they should leave the US before September 15, 2020 (180 days after I-485 was denied). Just to confirm: March 19, 2020 was when I-485 was denied and appeal was submitted after that date. Correct?

Edited August 17, 2020 by HRQX

[pablo2752 106]

Can the father sue the ex for extortion? 

[geowrian 22,337]

3 hours ago, pablo2752 said:

Can the father sue the ex for extortion? 

Well, you can sue for basically anything. Although extortion is typically a criminal offense, not a civil one (exceptions apply).

But to actually have extortion, you would need to show that she was attempting to gain "property or money by almost any kind of force or threat of violence, property damage, harm to reputation, or unfavorable government action". Specific statutes would apply.

That doesn't seem to really apply here. It wasn't "Give me money or I'll hit you", or "Give me money or I'll tell the cops you hit me so you'll get arrested."

 

Could they successfully sue for the return of funds that were meant for AOS of the children? Maybe, although since it was while they were married, I think that would be tough. If it was an issue, the divorce was the time to address it. IMO, that's something best to just eat it and move on...nothing good will come from digging it up now.