ursuletzul

I put this notice in case you guys maybe could give me information and advises about immigration issues. we entered on K Visa's right! she divorced by my father before we even got the adjustment of status, we could've got the that if she would've came with us but she didn't come to the interview, so then everything was denied, when we were there, we told the officer what are her intentions and the officer said she's doesn't judge the situation, she just does tha paper work and stuff. We were even trying to talk to an attorney here in Fargo, ND, usa, and he said that maybe we could win with VAWA, but hee said that would be hard to prove because she mostly hurt us psychological that physical, and we didn't have any problems with cops--but she could've called the cops when I tried to suicide my self because of her, but actually she said that i was trying to kill her, and her family step up and told her not to call the cops, u know she was always threating us that she's goanna send us back in Romania, and we didn't know the immigration laws so well, cuz we tought everything wouldbe all right. Ok, so the attorney i've been telling you he said we would have less than 50% or 0% winning and convince the Court that we would win, of course i dont think my family would have that money to pay anyway--for something that wouldn't be asssured that we goanna stay here, and i'd be very happy if you could give more information about this kind of situations, thank you, have a good one,I'll wait your reply, 10x, bye.yeah that's what i was thinking about, but let's say me and my family would do that with the VAWA, and maybe we goanna lose to $10-15,000, if the case it's not goanna work, so that's one of my biggest concerns too, we would pay but not oeven closed guaranteed that we would win, and what is a USC? ok, i have another question, what would happen in case everythin wouldn't work, will we face the deportation? or what's goanna be, or what could happen?The numbers you have been quoted sound a lot to me, but I am not a lawyer and I have limited information on your case.

As English is obviously your second language I can see where legal assistance would be of help, but if you can not afford whatever it would cost then seek out other help, Catholic Charities for example.

Also post on www.britishexpats.com, US Marriage based immigration section, there are posts from those who have gone through the process and you might well get better info.

My guess is that you will not here partly due to fewer numbers, but also as you have added it to another thread.

ian-mstm

How many times are you going to post this same information and ask the same questions? People have answered you 3 times already. Please read the responses you get.

Ian

Romano

Your case deserves careful review and consideration by an expert lawyer.

The Law allows conditional residents who have been abused by their spouses to adjust status. Urgent action is required in your case; you are already 19 and you will be no longer eligible when you turn 21. Stop posting questions here and go to see a lawyer or Catholic Charities.

Good luck

ursuletzul

man, i've been talking with a special immigrant lawyer, all of them are after money, but they won't guarantee u anything, would u pay 10-15,000$, for something that's between 0-50% chances of winning the case, my father could buy a new apartment there in romania with those money, u know if it's ber something sure or at least over 70% we would do anything, we would borrow the bank or some people, we'd find someone, and let's say the lawyer wouldn't do anything like i told u he tolod me, then we would have to return those money to the bank in a long time period, WE ARE NOT CONDITIONAL RESIDENTS, WE CAME LEGAL, AND NOW WE ARE ILLEGAL, BECAUSE SHE DIVORCED BY MY FATHER BEFORE WE WERE ADJUSTING THE STATUS.

Romano

Conditional resident is the step previous to the permanent resident status; you are not illegal until you get a notice to appear and you fail to appear. You do not loose anything by just applying for adjustment of status. In the meeting with the immigration officer your father can explain that he was abused by his ex wife; it well could be that the officer granted permanent resident status to all of you; otherwise you could end up before an immigration judge who would assess the overal situation you passed through.

I am not an immigration lawyer but when I was in NY I represented a pro bono case; a lady from Argentina who married a USC under a fiancee visa. The man was an alcoholic and she separated before adjusting status. She explained the situation and the immigration officer granted permanent residence on the spot.

You do not need an expensive lawyer you can ask at the immigration court about pro bono lawyers, they will provide guidance. A meeting at Catholic Charities could also be helpful, you have nothing to loose, have you?

ursuletzul

When me and my family went to the interview in Feb, 3, 2006, we went without mu stepmom, and we told the immigration officer everything about our situation, and she said:" u goanna have to solve the problem with an immigration lawyer", because she was supposed to receive the documents from us, but she wanted to see our stepmom too, and that's why our case was denied, we even sent them a letter translated by me, in which I said that we want to live here and go to college, and we respect the law, we go to school, etc. but they still denied.The lawyer that we've been talking to he saud that we aare illegal now in this country, when did that happened with the woman from argentina? because u know laws are changing maybe every year, so if u'd have other information please tell me, anyway somebody gave me a website with the Catholic Charities, i goatta look up closely and see what they have, 10x anyway, have a good one.

Romano

Find your Catholic Charities Agency and contact them right away the weblink is http://www.catholiccharitiesinfo.org/states/

Go and explain that you want to invoke the "hardship waiver" Section 1186a of the US Immigration and Nationality Act:

"...(4) Hardship waiver

The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that -
(A) extreme hardship would result if such alien is removed,
(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1), or
(C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child..."

Given that your claim was already rejected by the immigration officer you will have no choice but to take your case before an immigration judge. I guess that the fact of having been harassed by your ex stepmother and that you sold all of your property in Romania to start a new life in the US may support your case. You need to be well represented really; good luck again

ursuletzul

I sent them an e-mail, they said they might respond in about 48 hours, 10x a lot for the web link, and somebody gave me a different website with the Catholic Charities and I calles but it said that the number is not any more available, and now like I said i sent an e-mail to this ones u gave me, I hope they goanna respond as soon as possible, i wrote like u sa id to invoke, and i sent the history of our family, u know i pasted, so you think i should try another lawyer? 10x again.

ian-mstm

He is not a conditional resident. From my understanding, the USC stepmother did not attend the AOS interview. There is no basis for adjustment as I see it.

Ian

ursuletzul

I CAME LEGAL HERE, BY K1 VISA, BUT SHE DIVORCED AND NOW WE ARE CONSIDERED ILLEGAL AS THE LAWYER SAID, YEP AND I'M NOT A CONDITIONAL RESIDENT, I TOLD ROMAN THE SAME STORY.

ian-mstm

Actually, your father came on a K-1 visa, you came on a K-2. At any rate, please don't shout.

Ian

ursuletzul

what do u mean? :At any rate, please don't shout.

Romano

Even though your stepmom did not attend the meeting with the immigration officer your case is not yet concluded; go with the case to see an expert; you have not been placed in removal proceedings yet, you and your family have rights and you have to fight for them. Decisions by immigration officers can be reviewed by a immigration judge whose decisions can also be appealed before the Board of Immigations Appeals. You have a lot at stake but you need expert guidance which you will not find in this Forum. In any case I would like to know about your claim. Good luck,



PS. By telling you "don't shout" Ian means that you should not write in capital letters, I guess.

Rete

How can a conditional resident adjust status if they are already adjusted to resident? Perhaps you are thinking about removal of conditions which is NOT THIS SITUATION.

Rete

Are you an immigration attorney or perhaps an immigration paralegal? I believe you might be one of those who attended classes with me at City College in New York.

Yes, she is not in removal proceduring. But their case has been adjudicated ... an issue of denial by the DOA.

The only option available to them is the VAWA. They have absolutely no basis for adjustment on any other venue. You do not need police reports to successfully obtain a VAWA approval which will give you the right to file for adjustment of status. If the family has 10-15,000 dollars at disposal to pay an attorney, then they are not hard up financially and can afford an attorney.

K visa recipients are different species in the world of immigration and are NOT accorded the same avenues of relief open to others. If they do not want to spend the money on an attorney, then take their 10-15,000 dollars back to Romania and get on with their lives. If the children are not close to age 18 perhaps their father can find another wife in the US to sponsor them.