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 fianc 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.
DouglasDelima90
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2:09 am August 17, 2020
It's not urgent - she won't be visiting anytime soon, unfortunately for us 
