I-130 approved but we have 2 pardons in the way

[Daisy.Chain 317]

2 hours ago, ChePipa00 said:

She has been paying taxes the entire time...does your question really even matter? Be helpful...thats what this place is for.

Claiming to be a US citizen (ie working esp with a fake SSN) can affect her case, taxes or not.

 

At this point they probably need a lawyer anyway.

[ChePipa00 6]

1 minute ago, Daisy.Chain said:

Claiming to be a US citizen (ie working esp with a fake SSN) can affect her case, taxes or not.

 

At this point they probably need a lawyer anyway.

I am a US citizen but i never claimed she was...she has/d an EAD and was continued to be renewed until they didn't renew it anymore. having a SSN is not the only way to work in this country...you can work under an EIN. If you have read the original post, we already have a lawyer. Hopefully you're helpful in other posts...there appears to be nothing here that you can contribute, please move along. 

[Daisy.Chain 317]

9 minutes ago, ChePipa00 said:

I am a US citizen but i never claimed she was...she has/d an EAD and was continued to be renewed until they didn't renew it anymore. having a SSN is not the only way to work in this country...you can work under an EIN. If you have read the original post, we already have a lawyer. Hopefully you're helpful in other posts...there appears to be nothing here that you can contribute, please move along. 

Telling someone not to post is against the terms of service.

 

I noticed that you did not answer the question about whether she has been legally working or not. You certainly don't have to answer. If she has been working illegally it can be seen as claiming to be a US citizen which can cause issues along the line, complicating your case. If she has not been working illegally, that's great.

 

You may want to consider the benefits of living in her home country as backup; but definitely follow your lawyer's instructions all the way through.

 

If she leaves the country for any reason at this point she will be subject to a ban (I think 10 years) since she is currently in deportation proceedings; you should not need to interview from her home country.

Edited October 16, 2022 by Daisy.Chain

[ChePipa00 6]

3 minutes ago, Daisy.Chain said:

Telling someone not to post is against the terms of service.

 

I noticed that you did not answer the question about whether she has been legally working or not. You certainly don't have to answer. If she has been working illegally it can be seen as claiming to be a US citizen which can cause issues along the line, complicating your case. If she has not been working illegally, that's great.

 

You may want to consider the benefits of living in her home country as backup; but definitely follow your lawyer's instructions all the way through.

 

If she leaves the country for any reason at this point she will be subject to a ban (I think 10 years) since she is currently in deportation proceedings; you should not need to interview from her home country.

You edited and deleted the comment asking me if she's working illegally, if you scroll up you edited it 11 hours ago, your comment is 100% gone for me.  the only way i knew you wrote that was because i got an email about it and saw your comment before you decided to remove it. 

 

Short answer....original posts states she's not supposed to be in the country anymore, at this point she shouldn't be living or working here...HEY but here we are 2022. She's still working under her EIN and submitting taxes every year on time and for the last 3 Joint returns with me. 

 

I'm in my 80s...i've been around long enough on this earth to know that there should always be contingencies. Brazil is beautiful but if i had my choice i'd still stay here if i could, lot more family and friends for both of us here in the states. 

 

And one of my concerns is that...if she has to leave the country for an interview, what's to say she won't be allowed back while legal is doing their thing.... her legal team is mentioning that it is the ONLY way we could proceed. but 2 members mentioned that it might possible she would NOT have to leave the country for the interview...i understand everyones situation is different, again as stated in my original posts...i'm not looking for exacts. 

 

[Family 4,254]

21 minutes ago, Daisy.Chain said:

Claiming to be a US citizen (ie working esp with a fake SSN) can affect her case, taxes or not.

 

At this point they probably need a lawyer anyway.

@Daisy.Chain you may be surprised to learn that 20 years back one could obtain a perfectly valid/ unrestricted SS number…but even if OP’s wife worked with a “Chueco” number, it won’t be an issue nor a jump to false claim conclusions.

 

OP , do take all responses in good spirit, even when you feel they are not responsive …per rules of engagement so to speak. The more engagement in your post, the better exposure for you .

 

Hopefully @Demise comes across your post as she is DIY her next EOIR hearing and always has a few creative choice words #$!## to describe dealing with the process.

 

[ChePipa00 6]

2 minutes ago, Family said:

@Daisy.Chain you may be surprised to learn that 20 years back one could obtain a perfectly valid/ unrestricted SS number…but even if OP’s wife worked with a “Chueco” number, it won’t be an issue nor a jump to false claim conclusions.

 

OP , do take all responses in good spirit, even when you feel they are not responsive …per rules of engagement so to speak. The more engagement in your post, the better exposure for you .

 

Hopefully @Demise comes across your post as she is DIY her next EOIR hearing and always has a few creative choice words #$!## to describe dealing with the process.

 

LOL you're definitely the angel on my shoulder @Family i had to re-write that previous comment 5 times. I find walking away and coming back to the computer helps to calm my rather smart butt personality. Working in I.T. for over 40 years working with users definitely didn't make it better. lol

[SalishSea 18,159]

1 hour ago, ChePipa00 said:

You edited and deleted the comment asking me if she's working illegally, if you scroll up you edited it 11 hours ago, your comment is 100% gone for me.  the only way i knew you wrote that was because i got an email about it and saw your comment before you decided to remove it. 

 

Short answer....original posts states she's not supposed to be in the country anymore, at this point she shouldn't be living or working here...HEY but here we are 2022. She's still working under her EIN and submitting taxes every year on time and for the last 3 Joint returns with me. 

 

I'm in my 80s...i've been around long enough on this earth to know that there should always be contingencies. Brazil is beautiful but if i had my choice i'd still stay here if i could, lot more family and friends for both of us here in the states. 

 

And one of my concerns is that...if she has to leave the country for an interview, what's to say she won't be allowed back while legal is doing their thing.... her legal team is mentioning that it is the ONLY way we could proceed. but 2 members mentioned that it might possible she would NOT have to leave the country for the interview...i understand everyones situation is different, again as stated in my original posts...i'm not looking for exacts. 

 

If the immigration lawyers are telling OP his wife has to return to Brazil for an interview/waiver application, does that mean their requests to the court were denied?   @Family

[TBoneTX 46,188]

ChePipa00, it's indeed against the site's Terms of Service to tell others not to post.  In addition, members may edit their posts during the time period that enables it.

 

See http://www.visajourney.com/content/terms to reacquaint yourself with the Terms of Service, to which you agreed to adhere when you joined the site.  Thank you for your attention.

 

VJ Moderation

[ChePipa00 6]

2 minutes ago, Jorgedig said:

If the immigration lawyers are telling OP his wife has to return to Brazil for an interview/waiver application, does that mean their requests to the court were denied?   @Family

This is what they told us is next:

I-130 was approved this week

The lawyers will send in 2 pardons (lawyers specifically used that language) if they're approved/allowed then NVC schedules an interview in her native country

Interview will be scheduled in Brazil (at that point the lawyer will request by the court specific days to travel and return) - i'm assuming this interview is the one about adjusting.

 

to me there seems to be holes/gaps in this plan. speaking from small experience among friends, i would think some sort of I-485 as a request TO adjust is needed, yet nothing was mentioned in this timeline with the lawyer. I also think that requesting days by the court is simply just that a request, one that can also be denied. I would think that making sure you're at this interview is top priority even if there's a chance she would have to wait there in Brazil through the decision making process (which is something we would prefer didn't happen).

 

When she went to the court, they did approve her to stay but that further work on her case is needed....i forgot to put the approved part in my original post.

[ChePipa00 6]

31 minutes ago, TBoneTX said:

ChePipa00, it's indeed against the site's Terms of Service to tell others not to post.  In addition, members may edit their posts during the time period that enables it.

 

See http://www.visajourney.com/content/terms to reacquaint yourself with the Terms of Service, to which you agreed to adhere when you joined the site.  Thank you for your attention.

 

VJ Moderation

Why are you mentioning to me about users being able to edit their posts? Was my original posts asking the community whether or not if users can edit their posts? 

[Family 4,254]

Here is a bit more ammo and pertinent lingo as you prepare to take your own legal team to task and or seek a couple of other professional opinions:

 

Cancellation of Removal 

https://www.ilrc.org/sites/default/files/resources/non_lpr_cancel_remov-20180606.pdf

Cancellation of removal for Non Permanent Residents under INA § 240A(b)(1) (“non-LPR cancellation of removal”) is a critical defense to deportation available to certain noncitizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card. Cancellation is a “defensive” application, meaning that it is only available to someone facing removal in immigration court

 

Prosecutorial Discretion Memo 2022

https://www.ice.gov/about-ice/opla/prosecutorial-discretion

 

 

 

[Family 4,254]

 

 

Some other relevant changes in the law 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20220624-INA212a9B.pdf

 

 

Edited October 16, 2022 by Family

[Family 4,254]

1 hour ago, Jorgedig said:

If the immigration lawyers are telling OP his wife has to return to Brazil for an interview/waiver application, does that mean their requests to the court were denied?   @Family

The conditional waivers ( I am guessing ) I-212/I-601 A  are not filed w the court …they are basically filed while in court when you don’t have a strong COR and you take a removal order in one hand and an approved 212/I-601 A in the other hand , go to the consulate for IV. 
 

But in OPs case , I would say it’s one of those Stunningly Stupid @Mike E phenomena. ..because I am sure ICE would join in motion to terminate and court would grant …easy way out ..or fight in court w COR

 

Edited October 16, 2022 by Family

[ChePipa00 6]

On 10/16/2022 at 2:26 AM, Family said:

The conditional waivers ( I am guessing ) I-212/I-601 A  are not filed w the court …they are basically filed while in court when you don’t have a strong COR and you take a removal order in one hand and an approved 212/I-601 A in the other hand , go to the consulate for IV. 
 

But in OPs case , I would say it’s one of those Stunningly Stupid @Mike E phenomena. ..because I am sure ICE would join in motion to terminate and court would grant …easy way out ..or fight in court w COR

 

Good Evening! Ok got more info after talking to the lawyer...tell me what you think (and you're right...its I-212 and I-601A)

Shortened version

 

I-601 A Form:

1. wait until USCIS sends email of approval to the NVC to continue to #2

2. Based on the fact that you didn't leave when the judge ordered you too...we have to fill out I-601 A ($6k plus $930 fee for document)

3. we right letter about how I will suffer in extreme ways from her absences, etc, etc. to file this waiver (I-601A ) we need first immigration services to notify NVC that they have received approval to make a $325 and $120 immigrant visa application fees. We include these receipts with your I-601A "For this form we will need all of these for possible consideration":

 

A. Copies of husband taxes for 3 years filed single or married doesn't matter

B. Proof of retirement letter/payments from pension etc

C. Copies of all house expenses, car leases, insurance, all other main expenses for the month

D. health hardship considerations for husband

E. Medical Reports of Husband

F. Copies of Health Insurance 

G. Psych Eval from a therapist stating emotional hardship for husband for wife to leave

H. Husband & Wife write out a letter of emotional hardship being apart

I. Police report for wife for all counties she's lived in while being here in the US. 

J. Letter on why the wife did not leave the country when asked too

K. Wife Taxes for 19 or so years paying taxes in the country

L. Birth Certificates of Husband and Wife..certified 

M. Birth Certificates of All Husbands Children's and all of Wife's Children's...certified

N. Birth Certificates of all spouses above children's. (example...husbands sons wife would be require to provide a Birth certificate) ...certified 

O. Birth Certificates of the children's of those children's ( the grandkids) ...certified 

P. If any children of the husband and Wife have any spouses that are perm residents with green cards, copies of those are also required (copy of the green card)

Q. Bank Statements for past 12 months

 

That's everything for I-601A - we do and submit this while she's here still in the country, after we submit she packs her things and goes back to her home country and wait until she hears from the embassy about an interview (just her alone)

 

I-212 Form

"Although this waiver can be filed at the same time as the I-601 A Waiver, it is most likely that the Immigration Service will not approve it until you leave the US and the Consul requests it. That is, after having an I-601 Waiver approval, and you present yourself at the Embassy, the Consul can ask you for this waiver. I mean, it is not known if USCIS would accept it since you are still in the US. You can still file, but there is the possibility of having to file again, and pay the $930 twice. Or if you prefer, you can start with the first waiver, and if you are approved, then file this second waiver so that you are outside of the US when they review it. As we speak, it is very difficult to know how long you would have to be away waiting for the decision of this second pardon."  exactly to the T what lawyer said

The fee for this form is $6k + the $930

 

Now...my question and concern from the procedure on I-601A are...

1. G

2. K

3. N

4. O

5. You or someone mentioned Stokes interview...so i'm assuming now there will be 2 interviews? ( i honestly forgot to ask this question). The first one in her country is a regular/somewhat normal NVC interview like when you file a I-129f??  and then more grueling Stokes interview is after the I-212 gets approved and she can come back here to the US for the 2nd interview? 

 

 

[Family 4,254]

Run don’t walk. Interview and consult at least two other attorneys and pick ANY other that this fellow. Just ask the next ones that you want to pursue : 

 

1. Motion to Terminate / Prosecutorial Discretion based on approved I-130  AND OR 

2. Cancellation of Removal  ( Individual Hearing before the Immigration Judge) due to hardship to u

 

Your current attorney failed to tell you that YOU CAN do this and keeps pushing his I-212/I-601 A insisting she has to leave the country!!!! Once she leaves …even the best attorneys won’t be able to help .

 

Pretty much everything he spelled out is whack: 

 

FIRST of all an I-601 A cannot be filed until the current newly re-opened removal proceedings are administratively closed…and your wife HAS to wait in the US for the I-601 A to be approved by USCIS, then go back to Motion Court to re calendar proceedings and accept a deportation order if VD ( voluntary departure is not granted) …him telling you she files then leaves by herself is all balls.

 

SECOND , an I-212 would only be needed if he intends to accept a Deportation Order !!!! And all that “ maybe will need to be filed twice “ is pure bs. There is a “ Conditional I-212 “ that can be filed before leaving the country and it’s not a guessing game. 
 

THIRD:: The risk of sending your wife out is astronomical and utterly unnecessary…
 

I know you had some specific concerns on the list of suggested docs for the hardship so I will address them in general only because they are exactly what you will have a chance to present IN COURT at her Individual Hearing AND will WIN the case.

Its ok if your wife has many years when she did not have a SS number or filed taxes. She can just gather up as many as she can, and also get a Social Security Record of Earnings Report ( it will show all the years she has worked w a good number). 
 

The birth certificate of your own kids and grandkids IF you want to provide them…it just shows their USC status and relationship to her/ you. But it’s not a big deal and not everyone has a big happy family. 
 

Therapist/ Psychologist Evaluation Report…honestly since you are in your  Fabulous Eighties , you probably visited a specialist for everything that makes us tick along  with your recent hospitalization,…and list of prescriptions, you won’t need to worry about that much…. 
 

 

 

 

 

 

Edited November 2, 2022 by Family