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Macarena

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  1. Like
    Macarena got a reaction from enxhi96 in I485 denied.   
    Wait a minute. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.
    Your opinion. I am speaking from experience and I had to refile too. I was asked if I was still working which I did note on the forms and they have no problem with. You just have to refile pretty fast. What you are insinuating which is factually wrong is that if you have been working illegally then you cannot be approved for an I-485 even when a USC is filing for you. Wrong, wrong and wrong again. It is his choice though.
  2. Like
    Macarena got a reaction from enxhi96 in I485 denied.   
    About stopping to work, do not stop working. The advice you were given about stopping is not correct. Not sure why people do this. Technically yes but you don't have to. You can continue working until the EAD expires. Do not stop unless the employer asks you or incase the USCIS notifies employer. Wait for the letter and go over it with your lawyers. My I-751 was denied but I still continued working three years after. Refiled though and it was approved. No panic at this time. Just wait for letter.
  3. Like
    Macarena got a reaction from usernamebilly in Green Card delivery   
    I just received mine today. Done with the Green Card part. Now on to Citizenship. Good luck everyone who is still waiting.
  4. Like
    Macarena got a reaction from Cheezees in i-751 Extreme Hardship Waiver approved. My Evidence   
    So the reason was I would stand to lose that much if I was returned and I would not have a chance of making even a quarter of that assuming I even find a job.. The CIA fact book showed that the folks in my country make about $2 a day. I was going to suffer financially with such a gap. Also, that is how much I would be taking away from my family hence that would directly affect my son who as you see needs medical attention.
  5. Like
    Macarena got a reaction from MrsAwakened in I 751 abuse   
    Your lawyer is correct. You don't have to be divorced to file an abuse waiver. However, you will need a lot more than one detailed statement:
    Proving Battery and “Extreme Cruelty” for This WaiverWhat USCIS considers to be battery is straightforward: physical violence committed against you by your spouse. This can include punching, slapping, pushing, any other infliction of bodily injury, and forced sex.
    USCIS defines “extreme cruelty” to be nonviolent abuse that your U.S. citizen spouse intentionally inflicted upon you in order to dominate, control, or humiliate you. The following are some examples of behavior that conditional residents have used to prove “extreme cruelty,” but every person’s case is different and this list is not exhaustive:
    Threatening to report you to USCIS or any other government agency, or a refusal to jointly file Form I-751 with you. Threatening to divorce you, especially if divorce is taboo in your culture or religion. Threatening to physically hurt you or your loved ones, especially if done in order to put you in fear of your spouse. Invading your privacy in order to control you, including reading or intercepting your mail and emails, monitoring your phone calls and computer usage, and snooping in your personal belongings. Withholding money or food from you as punishment or to control you. Not allowing you to contact your family or friends or associate with them. Taking away your means of transportation or important documents (for example, your driver’s license or passport) in order to keep you from leaving the home. Intentionally destroying or disposing of your personal property. Repeatedly exhibiting uncontrollable anger or screaming, even knowing that this behavior would hurt and upset you. Name calling and making cruel insults (both in public and in private) to humiliate you. You will need to provide as many details and specific instances of your spouse’s abusive actions and how these actions hurt you and controlled your life. It can be painful and emotionally difficult to recount instances of this behavior, but it is necessary in order to convince USCIS to grant you a waiver.
    You will need evidence to prove that you were a victim of domestic violence, so you should ideally provide more than just a personal statement. Official reports from police and medical personnel, medical records and photographs of injuries, and affidavits from social workers and school officials are excellent evidence. You can also submit affidavits from others who can describe instances of abuse and battering that your spouse inflicted upon you.

    http://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-waiver-based-abuse-battering.html
  6. Like
    Macarena got a reaction from Cheezees in I 751 abuse   
    Your lawyer is correct. You don't have to be divorced to file an abuse waiver. However, you will need a lot more than one detailed statement:
    Proving Battery and “Extreme Cruelty” for This WaiverWhat USCIS considers to be battery is straightforward: physical violence committed against you by your spouse. This can include punching, slapping, pushing, any other infliction of bodily injury, and forced sex.
    USCIS defines “extreme cruelty” to be nonviolent abuse that your U.S. citizen spouse intentionally inflicted upon you in order to dominate, control, or humiliate you. The following are some examples of behavior that conditional residents have used to prove “extreme cruelty,” but every person’s case is different and this list is not exhaustive:
    Threatening to report you to USCIS or any other government agency, or a refusal to jointly file Form I-751 with you. Threatening to divorce you, especially if divorce is taboo in your culture or religion. Threatening to physically hurt you or your loved ones, especially if done in order to put you in fear of your spouse. Invading your privacy in order to control you, including reading or intercepting your mail and emails, monitoring your phone calls and computer usage, and snooping in your personal belongings. Withholding money or food from you as punishment or to control you. Not allowing you to contact your family or friends or associate with them. Taking away your means of transportation or important documents (for example, your driver’s license or passport) in order to keep you from leaving the home. Intentionally destroying or disposing of your personal property. Repeatedly exhibiting uncontrollable anger or screaming, even knowing that this behavior would hurt and upset you. Name calling and making cruel insults (both in public and in private) to humiliate you. You will need to provide as many details and specific instances of your spouse’s abusive actions and how these actions hurt you and controlled your life. It can be painful and emotionally difficult to recount instances of this behavior, but it is necessary in order to convince USCIS to grant you a waiver.
    You will need evidence to prove that you were a victim of domestic violence, so you should ideally provide more than just a personal statement. Official reports from police and medical personnel, medical records and photographs of injuries, and affidavits from social workers and school officials are excellent evidence. You can also submit affidavits from others who can describe instances of abuse and battering that your spouse inflicted upon you.

    http://www.nolo.com/legal-encyclopedia/filling-out-form-i-751-with-waiver-based-abuse-battering.html
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