cr1 pending or denied

[yumie 0]

Hello everyone, i am in a really hard situation. We applied for i130(cr1 spouse visa) 9 months ago but cause of our lawyer's ignorance we will get deny.

My husband cant be my sponsor since he has a crime background, the lawyer said its okay they only check for the beneficiary...But they check for both of us.  So my question is, while cr1 pending or denied Can i still get the green card if i win the lottery? Thanks for your time. 

[nastra30 2,298]

38 minutes ago, yumie said:

Hello everyone, i am in a really hard situation. We applied for i130(cr1 spouse visa) 9 months ago but cause of our lawyer's ignorance we will get deny.

My husband cant be my sponsor since he has a crime background, the lawyer said its okay they only check for the beneficiary...But they check for both of us.  So my question is, while cr1 pending or denied Can i still get the green card if i win the lottery? Thanks for your time. 

Why can't your husband be your sponsor? Isn't he the one petitioning you?

 

Also yes, you can get a greencard through the DV lottery if you win.

[yumie 0]

he is a SO, Adam Walsh Act. 

Edited November 7, 2022 by yumie

[nastra30 2,298]

34 minutes ago, yumie said:

he is a SO, Adam Walsh Act. 

But Adam Walsh Act prevents a USC or LPR from petitioning a family member in the first place.

Or the petitioner can still go ahead and petition family member and then try to seek Adam Walsh Act waiver pursuant to 8 CFR 2.1  (Matter of Aceijas-Quiroz (BIA 2014)).

Have you guys discussed with the lawyer about possibility of the waiver?

Edited November 7, 2022 by nastra30

[milimelo 4,513]

39 minutes ago, yumie said:

he is a SO, Adam Walsh Act. 

Do you have a dual citizenship with another country? Asking because  Canada will never qualify for diversity visa lottery. 

Edited November 7, 2022 by milimelo
Typo

[SusieQQQ 11,587]

1 hour ago, milimelo said:

Do you have a dual citizenship with another country? Asking because  Canada will never qualify for diversity visa lottery. 

Unless OP was born in an eligible country - not clear just from the flag on profile. Current citizenship isn’t relevant.

[yumie 0]

4 hours ago, nastra30 said:

But Adam Walsh Act prevents a USC or LPR from petitioning a family member in the first place.

Or the petitioner can still go ahead and petition family member and then try to seek Adam Walsh Act waiver pursuant to 8 CFR 2.1  (Matter of Aceijas-Quiroz (BIA 2014)).

Have you guys discussed with the lawyer about possibility of the waiver?

i am a turkish citizen at the same time. 

[yumie 0]

5 hours ago, nastra30 said:

But Adam Walsh Act prevents a USC or LPR from petitioning a family member in the first place.

Or the petitioner can still go ahead and petition family member and then try to seek Adam Walsh Act waiver pursuant to 8 CFR 2.1  (Matter of Aceijas-Quiroz (BIA 2014)).

Have you guys discussed with the lawyer about possibility of the waiver?

Yes we did. There is one said if its an adam Walsh waiver there is no hope. The one told us they only check for the beneficiary said there is still hope. 🙄 but idk if we should even trust her

[yumie 0]

3 hours ago, SusieQQQ said:

Unless OP was born in an eligible country - not clear just from the flag on profile. Current citizenship isn’t relevant.

turkish citizen at the same time. Do you know if he can move to turkey? 

[Sm1smom 254]

12 minutes ago, yumie said:

i am a turkish citizen at the same time. 

Citizenship is irrelevant to the eligibility criteria, it is the country of birth that matters. 

[SusieQQQ 11,587]

2 hours ago, yumie said:

i am a turkish citizen at the same time. 

Where were you born?

[Lemonslice 4,922]

You might also be able to relocate and work close to your husband if you are a qualified professional:

https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals

[JeanneAdil 6,583]

several questions come to mind  (for u only /we don't need to know these)

read the following site

 

https://gldlaw.com/immigration/green-cards/green-card-sponsor-with-criminal-record/

 

although the petition does not ask for criminal report

they check 

 

was the offense related to an incident with a minor ?

was the offender in prison in last 5 years?

(there would be a gap in employment history that beings immediate questions)

(he would have to put address info -like the prison facility)

Do u have children of your own that would live with this SO?

Are u willing to put up with the restrictions laid out for SO?  

and do u understand the police will be looking at him every time a person commits a similiar crime in his area?

[yumie 0]

11 hours ago, JeanneAdil said:

several questions come to mind  (for u only /we don't need to know these)

read the following site

 

https://gldlaw.com/immigration/green-cards/green-card-sponsor-with-criminal-record/

 

although the petition does not ask for criminal report

they check 

 

was the offense related to an incident with a minor ?

was the offender in prison in last 5 years?

(there would be a gap in employment history that beings immediate questions)

(he would have to put address info -like the prison facility)

Do u have children of your own that would live with this SO?

Are u willing to put up with the restrictions laid out for SO?  

and do u understand the police will be looking at him every time a person commits a similiar crime in his area?

No its been more than 10 years since he got out from prison. 

Yes, minor. He was pretty drunk and he was just turned 19. (Even tho there is no excuse for this) 

i dont have a children, dont even want. if i would have i would think about these things thanks 😉

i got married with him and i love him, i will not break up or something just because i will have to struggle with this. 

 

i do not know if they will, good thing for them to do tho. so they can find the offender.

 

And the website that you shared, i already saw. Thanks. 

16 hours ago, SusieQQQ said:

 

 

Edited November 8, 2022 by yumie

[yumie 0]

16 hours ago, SusieQQQ said:

Where were you born?

turkey