notice of termination of conditional resident status
 

what are the next steps and timeline after this notice(CPR was terminated because of non-filing)?

Re: notice of termination of conditional resident status
 

If you had simply missed your deadline and not received any notification from USCIS about the termination of your status, I would have probably suggested that you go ahead and file immediately, with an explanation of why you were late and hope that they accept it.

But in your case, since they have already terminated your status, as far as I know, I don't think it can be reinstated by merely filing the form. Nonetheless, the first step from hereon would be to talk to an attorney.

Why did you not file?

Re: notice of termination of conditional resident status
 

start AOS again.......... from the beginning...

Re: notice of termination of conditional resident status
 

Just curious when you were supposed to have filed? (What's the expiration date of your 2 yr. card?)

I filed shortly before the expiration of our 2 yr. cards, but received it back a few days ago (due to 'the wrong fee' and 'the wrong rev. date of the form'), and our cards have already expired. So as far as they're concerned right now I am late in filing (I did mail all the corrected things out yesterday though).

So I'm kind of nervously interested to know how fast they are in sending these notices out.

I'm sorry you're in this situation and I hope it will get worked out. Don't have any advice to offer unfortunately, but good luck!

Elaine

Re: notice of termination of conditional resident status
 

Read back people ..this is more a custody case ...

Re: notice of termination of conditional resident status
 

Dear Mr. Ray,

In light of my earlier post on this thread, and after carefully re-reading his wording, I kindly ask if you would mind elaborating on that?

Thank you for your time.

Sincerely,
Elaine

Re: notice of termination of conditional resident status
 

Morning Elaine
If you read back on previous postings from the OP
This is more about who keeps custody of a child ...

Re: notice of termination of conditional resident status
 

Oh previous postings, sorry. I'm not all there yet today. Thanks, I'll go and look for them.

Morning to you too. :)

Re: notice of termination of conditional resident status
 

I went over the previous posts but that doesn't change my question though.

Klinus, I'd still like to know what date the card expired (I've read it was in July, but when in July)?

Thanks!

E :)

Re: notice of termination of conditional resident status
 

The next steps depend on what you want to happen next. If you want to remain in-status, then you probably need to consult with an immigration attorney to see best how to get back in status. Not sure if re-filing AOS will work in this case, or if you will eventually need to go before an immigration judge to plead your case.

If you don't want to get back in status, you can remain in the USA out of status until something happens or someone catches you and you get put up for deportation. I don't think someone comes knocking on your door right away looking for you.

Timeline for what?

Rene
p.s. - I said "you" in my answer, but I think this actually applies to your wife/ex-wife, right?

Re: notice of termination of conditional resident status
 

Of course another option is simply leaving the USA. Again, the answer to your question depends on the outcome you wish to get.

Rene

Re: notice of termination of conditional resident status
 

What I want is irrelevant. The question is, failing any action (like getting an immigration attorney), what are the likely outcomes for her?
The final custody decision, due in early September, will depends largely on her being able to provide, among other things, proof of legal residency in the US (she is claiming that she is a "legal resident of the USA" even though her CPR status expired early July).Its shared custody if that is proven.
In her eagerness to get sole custody she took her eye off the ball.

Re: notice of termination of conditional resident status
 

Okay, I'll play! If she does nothing, she will likely fail to demonstrate that she is a legal resident. If custody depends on that single item *only*, she will likely not get custody.

The court, however, can not rule on a situation beyond its jurisdiction (read = federal immigration law). The court also is neither stupid nor cruel (well... depending on your POV) and so will likely defer judgement until after her immigration status is resolved.

Ian

Re: notice of termination of conditional resident status
 

I agree with Ian.

Rene

Re: notice of termination of conditional resident status
 

I hope it all works out for you.

Please forgive my lack of practical advice/suggestions on this one - just registered and this is the fledgling flight.

The sentiment is real though!


Great site.

Re: notice of termination of conditional resident status
 

Since there has been a claim made that "residency is already established" the decision is going to be made in the next 2 weeks; the court has to decide now about whether the child will continue to live in a shelter, where he was infected with scabies or with dad.
The amount of custody depends on whether she can stay or not, and other little details about being legally able to drive, be employed, find housing etc.
The court is simply ruling on the best interests of a child who has been traumatized by a kidnapping on a false allegation of child abuse.

Re: notice of termination of conditional resident status
 

Her claim might well be valid even with an expired green card. She is unable to file until the divorce is final. Once final, she is back in status.

Did you withhold the notice from her?

Re: notice of termination of conditional resident status
 

Or the court can rule that Dad has to pay child support that will allow the child to live elsewhere other than a shelter.

The court will also judge the validity of the child abuse charge.

Re: notice of termination of conditional resident status
 

She won't be able to legally work, drive, or find housing unless she is put back in legal status here. And that's not a decision this court will be able to make (in my opinion). That's why it was suggested that this court will put a hold on proceedings until her immigration status is sorted out.

But of course I have no idea how it will actually go down.

Rene

Re: notice of termination of conditional resident status
 

That can only be done if they separate the divorce from the custody issue. I believe that this poster wants them tied together so that she is deported and the child is forced to remain in the US.

She can file for removal asa the divorce is approved. The smart thing the court would do is to separate the two issues, grant the divorce and then she can file and the right to work, drive and live in the US with her child.

Re: notice of termination of conditional resident status
 

The court has already ruled, in an interim hearing, that child abuse was invalid, based on pediatrician, police reports. Dad has interim 2 overnights / week until court date.
Deportation is not in the best interests of the child (or the father who has to worry about getting his son back from the alien's country when she has visitation)
Dad is getting at least 50%; child support, if any, will not provide for adequate housing close enough to the school.

Re: notice of termination of conditional resident status
 

And the child can't change schools because........?

Re: notice of termination of conditional resident status
 

You probably just missed my question and I'd really appreciate an answer, so here it is again - what date in July did the 2 yr card expire? Thanks.

Re: notice of termination of conditional resident status
 

the court mediator recommended it....Also lets remember that the boy has just spent 2 traumatic months in a shelter for no good reason, and apart from there is a divorce happening best interst of the dhilg is to preserve the status quo

Re: notice of termination of conditional resident status
 

jul 8

Re: notice of termination of conditional resident status
 

Thanks very much.

Re: notice of termination of conditional resident status
 

What else prompted the letter, I wonder? Did you contact ICE or USCIS and inform them you were divorcing your wife?

Re: notice of termination of conditional resident status
 

Preface: I don't know the answer to your question or really have anything helpful to add from an immigration point of view.

However, I pointed this out to you several months ago. Your continued reference to "the boy" does not reflect well on your closeness to him as his father.

Maybe this is just how you speak but as I had mentioned before, (and having been through the divorce/custody maze) you don't want to present yourself as being detached from him. He's your child, not your possession.

My two cents and no offense meant, but you just don't seem to realize how this sounds.

~SecretGarden

Re: notice of termination of conditional resident status
 

no, not the ICE or USCIS. Followed the instructions from National Council of Missing and Exploited children (1-800 the lost)when she disappeared with my son

Re: notice of termination of conditional resident status
 

Point taken.Bottom line is the 8 weeks when he has been gone has truly been traumatic (for both him and me). From the outcome, however, I don't think the mediator found that I was regarding him as a "possesion". On the other hand, lying to the cops, traumautizing his pediatrician into trying to get the ped to file a claim of child abuse to the point where security was called, making false claims of legal residency and driving w/o a license may have also been factors - tough to know, but point taken. Thanks

Re: notice of termination of conditional resident status
 

I'm very sorry for what you're going through, particularly your son. Again, it's probably just the way you express yourself. You have a very matter of fact way of putting things and perhaps something is lost in the act of writing it rather than saying it.

The courts are, by definition, supposed to make judgements objectively. However, sometimes things are swayed due to how the parties convey their thoughts and concerns. Just keep in mind how your choice of words might influence those who will decide your case. You will need to convey a nurturing manner, particularly because you are his father, not his mother. In my experience, nuturing qualities of a mother are assumed unless proven otherwise, so you start out on unsteady footing. Not fair, but realistic.

Again, no offense meant and good luck with all of it.
~SecretGarden

Re: notice of termination of conditional resident status
 

True - absolutely true. However, in this case even though I started out with a -ve - being male - she basically kamakazied. i'm not going into the gory details but it was clear to everybody concerned, including the family court that she was willing to damage him in the interest in getting even with me. For a change, that gave said male an advantage. Plus, taking him to a shelter where he wound up with an infectious disease left the court with the choice of my son being with loonie twoonie (pun intended)in a shelter, with a false claim to resident status or stability and continuity with Dad.That also forced an immedeate decision, particulary since the pediatrician group said that to leave him in the shelter was potential child endagerment.
There is no joy in this. It will take at least a year of therapy to repair the damage and I dare not let him go to Mom's country given her penchant for kidnapping (the court concurs). And in her focus on getting even with me, she lost sight of the immigration ball.
trust me when I say that my parsimony with words does not extend to my relationship with my son.

Re: notice of termination of conditional resident status
 

Scabies is a mild skin condition, no worse or more difficult to treat than head lice in kids! There's no guarantee that he won't get scabies at school.

Re: notice of termination of conditional resident status
 

I will bow to your superior knowledge. Except that
!) http://www.bhchp.org/BHCHP%20manual/...DF/Scabies.pdf
2)CDC http://www.cdc.gov/ncidod/dpd/parasi...ht_scabies.htm, and 3) His docs at Stanford University medical school don't think so.
So if you don't mind I will go with their advice. Thanks for your input

Re: notice of termination of conditional resident status
 

Wow, sarcasm. I am well aware of the condition, as a health professional, but thanks for the links. Did you actually read them? They also say "scabies is found worldwide, infesting approximately 300 million people annually and occurring in all climates, socio-economic classes, and races". I'm sure your child didn't have Norwegian scabies, HIV, or dog mange as per the gory pics in the link.

I had it once, as a kid at a school camp. You apply lotion and wash your bedding in hot water, that's it. It's really not a big issue.

Re: notice of termination of conditional resident status
 

Actually no you apply premethrin from neck down to the toe with attention paid to the folds of the skin. twice if necessary. Also, wash the sheets, towels, take out the stuff that can't be washed put them in plastic for a week AND ensure that all members that he comes in contact with (read everybody in the shelter) to prevent reinfestation.
In any event, he was treated by some very well reknown doctors. My wife found an emergency room that stated that he had flea bites, not scabies.
The important point is that the head of Pediatrics stated that to prevent reinfestation.
Also btw around here scabies is considered an infectious disease; the standards here are what is relevant to me and the family court.
Last but not least if you look at defenitions of neglect within child abuse (CAPTA) a child having scabies is considered neglect (attached)

Re: notice of termination of conditional resident status
 

You just repeated exactly what I said. The lotion is called "permethrin". Trust me, I've treated more people with this than you have had hot dinners.

Anyhow, whatever, I don't need to argue with you about this, but you're completely wrong. That link does NOT say scabies is child abuse, it says it may be a "neglect indicator". Then again, it may not. If your kid gets lice at school, is that neglect? Of course not. Likewise, that list says "colds" may be a "neglect indicator" - but I don't think your kid having a cold counts as being abused.

I'm just telling you, apparently you're very bitter about your ex-partner, but scabies is one of those things that can happen when you get a bunch of kids together, wherever they are.

Re: notice of termination of conditional resident status
 

It's simple salesmanship, augigi.. it serves his cause to make it out as the worst-possible case. :zzz:

Re: notice of termination of conditional resident status
 

As I said before ...A total control freak ....

Re: notice of termination of conditional resident status
 

Jeez I though I was asking a simple question to an immigration forum, not to NOW

For all the sanctimonious whatever out there, the bottom line was a two year old was snatched away from his home and taken to a shelter for an alleged child abuse reason. The mother did not feel the necessity to either inform the father or the authorities; the shelter did. My boy lost 12% of his weight, got scabies (for all of those who think that scabies is a common disease that afflicts 10 times the number of people with AIDS, the bottom line is that my son would never had scabies if he was at home, interacting with his friends). He has been stuck in said shelter for close to 2 months; however, the authorities have decided to return him to the “control freak” with sole custody. So the comments about control freaks etc. etc. are worth rat poop in the light of the fact that he will be back – safe – and where he belongs.

The original thought was to get some feedback from people who were in the same position. It certainly has been fun to see how bigoted, ignorant and monumentally stupid some people can be as they make assumptions without knowing the facts.

Got the information I needed from an immigration attorney. Hasta la vista.