Family

1. You can ONLY file an I-130 for now ( no I-94 means not qualified to file I-485) 2. If her asylum is pending in EOIR ( court ) , you have one extra to do for the I-130 / bonafide marriage exemption . Does she not have an attorney on the asylum? How did she file it and how long ago?

You will be fine. Even if you face delays, stick to your guns. There was no conviction , great job on getting all records together. Kudos for DA “no charges filed” letter.

You have a generic denial . It means you need to do a corrected I-864, and financials. Use any one from the link .

Just file I-290 B and provide updated I-864 and financial . Write to any one of the posters in attached link if you need a cheering squad, each has promised to keep helping others. It baffles me why some regular posters continue to push for starting all over. No new filing fees and no new medicals.

OPO / Order of Protection is very serious . Like get you deported serious see 1st link . The Class E Felony you picked for breaking that OOP is as serious as a heart attack too. Max sentence 4 years . You expected a work permit ? From WHOM ? You were lucky they did not an ICE hold . You know that last bit about terms that said YOU could leave anytime and YOU could decide on your own to “ end’ probation and leave anytime is not believable. https://www.immigrantdefenseproject.org/wp-content/uploads/Understanding-Immigration-Orders-of-Protection.pdf https://www.rocklandcriminalattorneys.com/what-happens-if-you-violate-an-order-of-protection-in-new-york/#:~:text=Essentially%2C if you deliberately cause,Law Office of Carl Spector. you violate a restraining order by deliberately causing the victim to fear physical violence or physical injury, you can be charged with a more serious offense. Essentially, if you deliberately cause or attempt to cause a victim to fear for their safety through the use of a weapon or repeated harassment, you will be charged with criminal contempt in the first degree, a class E felony punishable by four years in prison and a fine of $5,000.

I wonder when either military helpline or congresswoman actually follow up 😂..

I don’t know what your attorney is smoking….but No , he can’t quash or recall the warrant ‘’ for a while” . Yes, the PO accepted the fact that you left and told the Judge. No Judge will reinstate probation …ever heard of ‘’flight risk’’ ? No, you didn’t pick up a warrant’’ due to lack of visa’’ …you caught another case for violating terms and leaving. Violating terms means you are now subject to max prison sentence …or a little less if he’s in a good mood. How many years? The ‘’ final legal resolution’’ to your case is that after you finish serving the sentence , they place an ICE hold and remove you . Oh, 5 years probation was not ‘’ forced on you” , even then you had option to serve time and/ or stipulate to removal and return to home country …since you didn’t fight the charges anyway.

Extraordinary effort on your part. You absorbed information and ran with it . I still have a hard time swallowing the fact that you are serving in the (four-letter ) ! word Embassy and neither your commander nor any human on the diplomatic/civilian side of post would jump in to help. Promise me you will lodge a complaint , include every detail and departments you came in contact in letter and get it out there to all. And include the USCIS Field Office Staff in Doha…because yes indeed they could have simply said we WILL do it just allow xyz time frame . So glad you checked in.

Civilian AI force set up Feb 2024. Elon is going to have fun

@Ibama, what is the story? Why did you leave …but most relevant why did YOU stay married when clearly the USC wife already started family with a new man? I know 2 First Ladies are OK..but no Senegalese man would accept 2 First Gentleman. Did you have any children during the separation?

Here’s my contingency plan and policy memo to back it up…but you need to upload to my USCIS account . After you do that, STOP WORRYING and focus your energy on getting to your family. Worst case scenario someone on VJ will help you get past CBP 😂…yes @mindthegap is that good ! https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230706-ASCAppointments.pdf 1. Write up a Untimely Request to Reschedule Biometrics for Good Cause Urgent Humanitarian Grounds Requesting date of : xx/yy or after Case#, Name, A# Dear Officer, On 12/31/24 I was scheduled for ASC. I was unable to attend as I was traveling and did not have access to mailed appointment notice . ‘I have contacted USCIS by phone repeatedly without success. ‘I have additionally presented myself in person to ASC location on xyz date and was refused . I confess I almost cried ( OR GO AGRESSSIVE but add some emotion evoking bit ) Unforeseen family medical emergency require me to travel out of the country on xyz . My anticipated return date is ( date), and I hereby request my appointment be rescheduled for ( date ) or after. ‘The urgency is my beloved grandfather is critically ill and I will be able to supplement this request with doctor/hospital records should it be deemed necessary. Add your favorite foto of you and grandpa and copy of airline tickets for last trip (nif any )nand this current trip Sign 2. Occasionally check your USCIS account online, but don’t obsess , you will be fine .

A mild conspiracy type observation here…😂. but since ASC is not technically USCIS, just a vendor…it does appear they have soured on accommodating since they lost a big chunk of revenue when USCIS implemented biometric re-use.

Laws making hiring undocumented workers did not get on the books until 1986…and collecting dust since 😂. Neither administration has taken to task the companies and individuals hiring the undocumented workers…and the so called “criminal prosecution” of such employers is nonexistent. ‘But , hey , the occasional ICE raid rounding up a dozen few here and there will make maga extremists all warm and fuzzy. https://trac.syr.edu/immigration/reports/559/ Few Prosecuted for Illegal Employment of Immigrants Table 1. Criminal Prosecution of Employers (8 USC 1324a) Number Latest Month 0 Number Previous Month 0 Number Previous 12 Months 11 Number 5 Years Ago 11 Number 10 Years Ago 16 According to Immigration and Customs Enforcement, "ICE's worksite enforcement strategy focuses on the criminal prosecution of employers who knowingly hire illegal workers.[1]" However, actual prosecution of employers for employing immigrants without proper documentation actually has been relatively rare. For example, the latest available data show that during the last twelve months (April 2018 - March 2019) only 11 individuals (and no companies) were prosecuted in just 7 cases. There were no prosecutions during either of the last two months. See Table 1. During the same period, these 11 prosecutions compare with 85,727 individuals prosecuted for illegal entry, 34,617 prosecuted for illegal re-entry, and 4,733 prosecuted for illegally bringing in or harboring immigrants. Given the millions of undocumented immigrants now living and working in this country, the odds of being criminally prosecuted for employing undocumented workers appears to be exceedingly remote. Indeed, since criminal penalties for employers were first enacted by Congress in 1986, few employers have ever been prosecuted under these provisions (8 USC 1324a). Prosecutions have rarely climbed above 15 annually, and have never exceeded 20 individuals a year except for brief periods during 2005 under President Bush, and in the first year of the Obama Administration. These results are based upon case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. These data were obtained from the Justice Department as a result of litigation brought by TRAC under the Freedom of Information Act. Year-to-year fluctuations in the prosecution of employers are shown more clearly in Figure 1. Each bar represents the annual total number of prosecutions over the previous 12 months for the period covering March 2004 through March 2019. Prosecutions of employers since President Trump assumed office roughly parallel the number that occurred during all but the first year of the Obama Administration.

2 years ago ROC was filed with divorce waiver and divorce complete …mandatory 6 months in CA from filing. 3 years the length of new relationship. .. Please humor me and either upload a redacted copy of the RFE or post a detailed list of what RFE is asking for..if they did not ask you for evidence of joint life /bona fides…go buy a lottery ticket 😂 You are sooo lucky. Marry your new fellow…holding back won’t make the 1st marriage look any better or worse. Oh, and humbly pointing out USCIS is pretty familiar with ALL types of Divorce Decree names …from the 50 States and globally as they get to decipher them daily.

1. You can marry now and keep working . 2. Your job cannot require you to stay celibate or fire you if you marry ( 😂 light humor) 3. Yes you need waiver ..and hardship to USC spouse brings that home . No Objection would be nice too. You will have a busy year . If you think otherwise then request an advisory opinion , see instructions in the links. Gave you 3 : DOS, a University, random internet attorney. If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver Review Division conduct an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine whether you are subject to this requirement https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html If you are unsure whether you are subject to Section 212(e), check your J-1 visa stamp and/or copies of your Form DS-2019. You should review all of your J-1 visas and DS-2019 forms since may they reflect different information at different stages of your J-1 program. If you were subject at any time, the requirement applies to you even if later visas and DS-2019 forms indicate that you are not subject. https://icenter.tufts.edu/immigration/j1-requirements/212e-requirement/#:~:text=Advisory Opinions and Waivers for,guidelines for more information. https://www.lawfirm4immigrants.com/j1-visa-to-green-cards-through-marriage/

The fact that labor /jobs availability is the major dynamic for US border has been always been my belief…first line of defense is getting employers ( big, small , mom and pop shops or domestic ) to abide the laws. Less “illegal employers” = Less “illegal aliens”

Companion piece to this post

You are on point, it will not qualify and Consulate will stick to requiring the I-601. Interesting how the attorney says he will give the Consulate a 30 Day demand to respond 😂. ..when he is just emailing consular unit a brief …with no judicial teeth since there is no court action to compel any response, let alone on a clock. ..nothing stopping attorney from contacting LegalNet over refusal and with same argument /brief. Some reading resources https://fam.state.gov/fam/09FAM/09FAM010304.html 9 FAM 103.4-1 (U) IN GENERAL (CT:VISA-60; 02-25-2016) (U) There is no appeal process for visa refusals; however, applicants and their representatives of record may pose legal questions regarding pending or recently completed visa cases by email to LegalNet@State.gov. See 9 FAM 601.7-3 for information regarding correspondence with attorneys or other intermediaries. https://torontofraudlawyer.ca/USA-travel-fraud-charges.htm Someone said fraud under $5000 (shoplifting or theft from the workplace) is a summary offence and not an indictable one therefore it shouldn’t be a problem The “someone” who told you that is wrong. Fraud Under $5000 in any form is a hybrid indictable (felony) offence. It is not a straight “summary” or “summary conviction” offence in Canada. When someone is charged with fraud under $5000, even if because they switched a $2 price tag, they are subject to indictable prosecution and up to 2 years in prison as a sentence. There is a lot of misinformation about this issue that is sometimes being provided by people who work for the Government (Ontario or Federal) in Canada. The U.S. INA and the U.S. CBP Directives and Handbooks are extremely clear that all forms of fraud, including fraud under $5000, are moral turpitude offences. U.S. immigration law further states that if the maximum punishment is more than 1 year for the moral turpitude offence it is not subject to an exception. Since all forms of fraud under $5000 carry a maximum sentence of 2 years in prison they do not meet this exception. https://nortontooby.com/topics/petty_offense_exception Petty Offense Exception Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception excuses inadmissibility, but not deportability, on account of a conviction of, or admission of committing, one crime of moral turpitude. It does not excuse any other ground of inadmissibility, such as a drug conviction. Elements of the Petty Offense Exception Under the Petty Offense Exception, a noncitizen is automatically not inadmissible, on account of a conviction or admission of a crime involving moral turpitude, if all three requirements are met:[1] Thus, a person convicted of a misdemeanor first-offense CMT with a maximum of one year and a sentence imposed of six months or less is not inadmissible under the moral turpitude ground. There is no discretionary component to this rule, and the noncitizen need not seek a waiver of any kind. The statute creating this ground of inadmissibility simply has an exception.

The name is for the ‘ YOU ‘ completing the form..see pg 1, item 1, so it will always be the Petitioner info. ‘Additional info just needs page, part and item/question identifiers as @OldUser advised

Brilliant observation! You are absolutely right about one DV charge…that OP managed to get 1st time offender diversion plea deal as a gross misdemeanor. ‘If he had priors, it would go a felony as a repetitive offender. But as Norton Tooby link and our very own @Cathipoints out in prior posts, DV even as a gross misdemeanor is still a biggy as far as risk of getting placed in removal. RCW 9A.36.041 Assault in the fourth degree. (1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another. (2) Assault in the fourth degree is a gross misdemeanor, except as provided in subsection (3) of this section. (3)(a) Assault in the fourth degree occurring after July 23, 2017, and before March 18, 2020, where domestic violence is pleaded and proven, is a class C felony if the person has two or more prior adult convictions within ten years for any of the following offenses occurring after July 23, 2017, where domestic violence was pleaded and proven: (i) Repetitive domestic violence offense as defined in RCW https://app.leg.wa.gov/rcw/default.aspx?cite=9A.36.041

Title states ‘4th DV record ‘ ? Does that mean you were arrested or had law enforcement contact for domestic violence four times ? Even traveling out of the country is risky for you , applying for N-400 is equivalent to walking into the tiger’s mouth. I have zero sympathy for those who commit domestic abuse. I don’t know your story…but come on FOUR DV records?!!…am enclosing 2 links An average immigration attorney will hurt more than help you, one that specializes is going to charge you big bucks. https://nortontooby.com/topics/domestic_violence In general, a qualifying domestic violence conviction triggers deportation regardless of sentence, and regardless of whether the conviction is a felony or misdemeanor.[7] https://www.ilrc.org/sites/default/files/resources/dv_case_update_march_2022_final.pdf

True or False : “ One can file an I-290 B if denial was due to USCIS error” ‘Answer : False See recent decision by AAO on December 2024.. Petitioner received a NOID on an I-129 F. S/he responded to the NOID but failed to include the 2 things being requested: intent to marry and proof of in person meeting Petition denied. ‘Files an I-290 B and includes the missing evidence . WINS ! The power of I-290 B Motions https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2024/DEC122024_01D6101.pdf

Only IR s as in OPs case, can afford to be so carefree and simply file new…OP has not checked in with any other details than married several years/ never followed up w NVC, so warning may not apply to his circumstances. I also remember USCIS not batting an eyelid , asking a question or flagging a decades old preference category I-130 ( marked for consular at filing ) that was used to adjust with I-245 (i) …but all that seems to have changed in last few years as they got all digital and can access interagency records. This is may explain the contradictory random internet attorneys opinions.

Sorry I couldn’t see anything relevant in the link you sent. Am including 2022 AAO decision that spells out INA sec 203 (g) . ..the appellant was attempting to adjust in the US via a previously approved I-130 that had been terminated by NVC. He did not make past 1st base ( arguing for a stateside I-212) because the I-130 was lost. Once NVC terminates, the petition is no longer valid … they call it automatic revocation . https://www.uscis.gov/sites/default/files/err/H4 - Application for Reentry after Removal or Aggravated Felony Conviction - 212(a)(9)(A)(iii)%2C 212(a)(9)(B)(v)%2C 212(d)(3)(A)/Decisions_Issued_in_2022/MAY062022_02H4212.pdf

After approval it gets sent to NVC. If there is no activity on the case such as payment of IV fee, DS-260 or logging in to CEAC , NVC terminates the case after 1 year. Up until the 3rd year ( from date NVC received the case ) it be reinstated with a written request and valid reason. This applies to I-130 marked for consular process only. 9 FAM 504.13-2 INACTIVE CASES 9 FAM 504.13-2(A) Termination of Inactive Cases (CT:VISA-1413; 11-03-2021) INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa. But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control. https://fam.state.gov/fam/09FAM/09FAM050413.html