Should I do nothing? Or Mandamus..

[Cirkul 18]

A more clear update:

 

We believe we are getting a NOID. We will respond to it. It infuriates me that my country is doing this to me from a case from 2011, where all charges were dismissed.I have nothing but speeding tickets on my record(yeah I drive fast). Now, it seems I need to prove my innocence again....and I'm not happy about it. I expect to overcome the NOID. I am not a happy camper AT ALL. This is wrong, degrading and absolutely insulting...

 

 

There was one other case on this forum similar to mine. I cannot seem to find it.

 

Admin, should this be moved to imbra/awa forum?

[Lemonslice 4,911]

Some members met their future spouses while they were still minors, was that your case?  Please keep us updated when you hear more about what is happening (RFE or NOID).  

[Cirkul 18]

2 minutes ago, Lemonslice said:

Some members met their future spouses while they were still minors, was that your case?  Please keep us updated when you hear more about what is happening (RFE or NOID).  

No Ma'am. I am 37 and my wife is 29. We met in person when she was 27 years old. I will be visiting her for the 6th time this Christmas.

[Willie_Overall 26]

3 hours ago, Cirkul said:

A more clear update:

 

We believe we are getting a NOID. We will respond to it. It infuriates me that my country is doing this to me from a case from 2011, where all charges were dismissed.I have nothing but speeding tickets on my record(yeah I drive fast). Now, it seems I need to prove my innocence again....and I'm not happy about it. I expect to overcome the NOID. I am not a happy camper AT ALL. This is wrong, degrading and absolutely insulting...

 

 

There was one other case on this forum similar to mine. I cannot seem to find it.

 

Admin, should this be moved to imbra/awa forum?

 

Damn, sorry to hear that. What makes you think you're getting a NOID as opposed to a RFE?

[Cirkul 18]

19 hours ago, Willie_Overall said:

 

Damn, sorry to hear that. What makes you think you're getting a NOID as opposed to a RFE?

This is probably the 5th time I've tried to post this without this site kicking me off.

 

My notification from USCIS said: "On October 24, 2024, we began reviewing your Form I-130, Petition for Alien Relative, Receipt Number IOE*****. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials.

 

An RFE would say exactly that: we sent you a request for evidence. This indicates a NOID. Which is complete BS! I have one shot at this. Or it's denial. Game over.

 

This is not a denial, because my time until decision says 11 months.

 

So, Noid is what my lawyer and I think.

 

I hope that nobody has to ever fight the charges I did. The public already has judged you, and you can even pick up some of that in replies from certain members that are on this forum.Fighting charges like I did is grueling,unfair,and extremely stressful. It was 12 years ago that my charges were dismissed, yet here I am, having to prove my innocence again.

 

Since receiving notice of the presumptive NOID, I've been placed on a blood pressure medicine for the first time in my life, and this morning I felt very strange and went to my local clinic and was told I was having a panic attack. My blood pressure was that of someone about to have a stroke.

 

USCIS is trying to keep my wife and I apart. It is not right. It is not fair. It should not be legal. Anyone can be accused of a crime. Anyone can be charged. If a Court of Law decides to dismiss, it should be GAME OVER!!

 

Despite my experiences with the American court system, I'm not anti cop, I am not anti court (except now I don't think to fondly of uscis). I donate to police charities and even buy fishing trips for first responders. I am not a criminal

 I am a good man.

 

What my family and I are being put through is not right. How would anyone feel if the government told you,  " you are one or two answers from us denying your wife's petition". Probably sheer panic. I'm in a dark place right now.

 

sorry for my rambling. But this is BS.

 

My lawyer thinks they will ask for a Court Certified copy of my dismissal.

 

Edited October 26 by Cirkul

[Willie_Overall 26]

2 hours ago, Cirkul said:

This is probably the 5th time I've tried to post this without this site kicking me off.

 

My notification from USCIS said: "On October 24, 2024, we began reviewing your Form I-130, Petition for Alien Relative, Receipt Number IOE*****. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials.

 

An RFE would say exactly that: we sent you a request for evidence. This indicates a NOID. Which is complete BS! I have one shot at this. Or it's denial. Game over.

 

This is not a denial, because my time until decision says 11 months.

 

So, Noid is what my lawyer and I think.

 

I hope that nobody has to ever fight the charges I did. The public already has judged you, and you can even pick up some of that in replies from certain members that are on this forum.Fighting charges like I did is grueling,unfair,and extremely stressful. It was 12 years ago that my charges were dismissed, yet here I am, having to prove my innocence again.

 

Since receiving notice of the presumptive NOID, I've been placed on a blood pressure medicine for the first time in my life, and this morning I felt very strange and went to my local clinic and was told I was having a panic attack. My blood pressure was that of someone about to have a stroke.

 

USCIS is trying to keep my wife and I apart. It is not right. It is not fair. It should not be legal. Anyone can be accused of a crime. Anyone can be charged. If a Court of Law decides to dismiss, it should be GAME OVER!!

 

Despite my experiences with the American court system, I'm not anti cop, I am not anti court (except now I don't think to fondly of uscis). I donate to police charities and even buy fishing trips for first responders. I am not a criminal

 I am a good man.

 

What my family and I are being put through is not right. How would anyone feel if the government told you,  " you are one or two answers from us denying your wife's petition". Probably sheer panic. I'm in a dark place right now.

 

sorry for my rambling. But this is BS.

 

My lawyer thinks they will ask for a Court Certified copy of my dismissal.

 

 

Yeah, sorry to hear that, man. It's crazy that you have to go through this even though you've been exonerated (personally, I think these kinds of laws are far too overreaching to begin with). It's also crazy that you've had to wait over 2 years and file a lawsuit just to get an answer from them. It's likely that, if you took no action, they would have just kept you waiting indefinitely.

 

Hopefully, you'll just be able to send whatever document they want and they'll just approve it. What are your options if they end up denying your petition? Appeal?

[Cirkul 18]

21 hours ago, Willie_Overall said:

 

Yeah, sorry to hear that, man. It's crazy that you have to go through this even though you've been exonerated (personally, I think these kinds of laws are far too overreaching to begin with). It's also crazy that you've had to wait over 2 years and file a lawsuit just to get an answer from them. It's likely that, if you took no action, they would have just kept you waiting indefinitely.

 

Hopefully, you'll just be able to send whatever document they want and they'll just approve it. What are your options if they end up denying your petition? Appeal?

I don't want to even go down that road. Let's hope our response to the government is sufficient. It should be. I will keep this thread updated as I am sure I am not the first or last to go through this.

[Cirkul 18]

On 10/26/2024 at 6:17 PM, Cirkul said:

I don't want to even go down that road. Let's hope our response to the government is sufficient. It should be. I will keep this thread updated as I am sure I am not the first or last to go through this.

I got a NOID, but my USCIS account calls it an RFE. My lawyer doesn't seem very concerned. We will respond.

 

Meeting with one of my original defense attorneys Friday afternoon(who is quite astounded). USCIS wants all of the documents on my docket(beginning with charging documents to dismissal.) This is frustrating to me because I KNOW they can see there was not a conviction.

 

I think a NOID is automatically issued in cases like mine (even though I was innocent). My defense attorney was outraged at what he saw in the NOID. The words  you MAY have been convicted really bugged him. Um, no I wasn't, and that should be obvious at any level of the government.

 

Also USCIS acknowledged that the NOID is a result of the Mandamus.

 

Will keep this post updated.

[Lemonslice 4,911]

3 minutes ago, Cirkul said:

I got a NOID, but my USCIS account calls it an RFE. My lawyer doesn't seem very concerned. We will respond.

 

Meeting with one of my original defense attorneys Friday afternoon(who is quite astounded). USCIS wants all of the documents on my docket(beginning with charging documents to dismissal.) This is frustrating to me because I KNOW they can see there was not a conviction.

 

I think a NOID is automatically issued in cases like mine (even though I was innocent). My defense attorney was outraged at what he saw in the NOID. The words  you MAY have been convicted really bugged him. Um, no I wasn't, and that should be obvious at any level of the government.

 

Also USCIS acknowledged that the NOID is a result of the Mandamus.

 

Will keep this post updated.

This is interesting.  Would you be able to post the letter with the personal information blacked out?  I am sure others would be interested to see how they worded it out.  

[Cirkul 18]

24 minutes ago, Lemonslice said:

This is interesting.  Would you be able to post the letter with the personal information blacked out?  I am sure others would be interested to see how they worded it out.  

I will provide that information when I feel it is prudent to do so. I must say Lemonslice, you DID ask me if I had a relationship with underage women in the Philippines, which of course never happened. I am not a 60 or 70 year old trying to prove I have a legit relationship with a 20 year old.

Edited October 29 by Cirkul

[Lemonslice 4,911]

16 hours ago, Cirkul said:

I will provide that information when I feel it is prudent to do so. I must say Lemonslice, you DID ask me if I had a relationship with underage women in the Philippines, which of course never happened. I am not a 60 or 70 year old trying to prove I have a legit relationship with a 20 year old.

I asked because I've seen it before, and it could explain why they're so interested in your non conviction 🤷‍♀️

 

Hopefully you get quick answers after replying to their request.

 

[Cirkul 18]

2 minutes ago, Lemonslice said:

I asked because I've seen it before, and it could explain why they're so interested in your non conviction 🤷‍♀️

 

Hopefully you get quick answers after replying to their request.

 

You've always been kind to me here. Sorry for the snarky reply. Thinking of get Hacking Law involved. But monetarily struggling a bit due to the Mandamus, plane tickets to see my wife, and I know meeting with my old defense attorney to get records from his archive is not going to be cheap. I'm so whiny I sound like a country song. Hope you have a good day!

[Cirkul 18]

21 hours ago, Lemonslice said:

This is interesting.  Would you be able to post the letter with the personal information blacked out?  I am sure others would be interested to see how they worded it out.  

Yes. I will post everything when it's over.

[Cirkul 18]

Noid states they want charging documents and the dismissal docs (they have the dismissal already.)  They also want adjudication of all charges.

 

They also want proof that I'm not on  a sex offender registry, which of course I'm not. I figure if I send them the charging docs and every single court certified entry on my docket I should be good to go.  My states court system has been shut down for over a week due to "cyber threats."

 

I just want this behind me. I am VERY confident I can get what USCIS wants. What scares me is that I could get a prejudiced agent that just denies out of spite.

 

I did reach out to another attorney who told me that USCIS always sends noids for potential AWA cases, dismissed, guilty, or not guilty. That was good to know.

 

[Cirkul 18]

UPDATE!!!!!!

 

After just 3 days of reviewing our NOID response, USCIS approved the I-130 this morning!! Hooray!!!!!!!!!!!!!!!