In a Bind pls help (I-601 Hartford etc) [Archive]

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jimmigrant

07-12-2008, 08:48 PM

I am a newb to this site but not to the Immigration process and USCIS unfortunately. My situation is this and is a bit complex; hopefully someone can shed some light for me please.

I am a USC filed (AOS 485 packet) for my wife a couple yrs ago and we literally just on July 10th 2008 went to Hartford field office to meet with officer for the final AOS interview to get the GC. Our case is standard in the sense that she came here as a student on an F1 visa and then we met and were married 4 years ago.
Where it gets complex is in the fact that she had a child from a prior relationship (no marriage) the child is US born and she had a custody dispute in 2004-2005 with her ex (very heated battle). She also developed Graves disease (have documented proof) around this time oddly enough causing her to go absolutely bonkers. She got arrested a few times all in conjunction with this custody battle and the Graves disease was undoubtedly causing her to overreact and act out of character (she was like a different person). Once she found out what it was she was medicated and now is fine and cured. Unfortunately, she got a Class D Felony for violating a protective order in April of 2005 in relation to the custody thing. In short, she was tricked by her ex into picking up her daughter from fathers house after daughters visit time with him and he called the cops on her (daughter wasn't even there) was a setup - but whatever.

Back to the USCIS case - We filed the I-485 packet late and have been waiting forever like everyone else. So, we are at the interview finally 7/10/2008 and the officer gets through all the BS about criminal history, and our supporting documents and stamps her foreign passport and tells us she is approved for Green Card and to expect it via mail in few weeks. Yeah.

We receive a letter just today (dated July 11th 2008) that we are notified to appear August 29th in Hartford to submit additional evidence as her application has now been deemed inadmissible due to the Class D Felony in 2005 under section 212(a)(2). ***!

I mean, I get it she was wrong but never was in trouble before or after this and not to mention the guy stamps the passport and now its like nope just kidding - come back for more torture and another form this time for $600?

Now we or I need to write the I-601 and I'd like to know if anyone can offer advice on how to craft such a letter given the circumstances surrounding this type of complex case - criminal related and all. Ive looked at others' letters and will continue to, but it seems ours is particular. Or am I wrong to think this? Does anyone have experience with Hartford office with this type of thing? My wife and I share a son (who is 2) and my step-daughter (her daughter) is 8. Will my wife (if denied AOS) be carted away on August 29th or does she at least have some time to gather her things? I mean how does it work should it be denied? Sorry i am just freakin out this is nuts to me. I really cannot afford an attorney at this point and they tend to over-complicate everything anyway. Can I/We pull this off alone?

If you are still awake after my long winded post any help much appreciated! Thanks!

Laura

07-12-2008, 10:08 PM

Wow. That is unfortunate but not surprising. You will want to focus on rehabilitation and demonstrating why what happened was out of character. You will also have to address reasons why you two cannot live outside the U.S.

I would strongly suggest you do a consultation with waiver expert Laurel Scott. I think she will have some good ideas for you. You can pull it off alone but at least consulting with her you could pick her brain on where to go with your arguments.

There is also a lot of information on this site for the hardship packets. There are examples of foreign-filed ones in all the I-601 forums. Mexico has the most examples because there are a lot of people who have to process there and do waivers for unlawful presence, but yours will be different from many of those because it is criminal.

Anyway, you are in the right place. Start reading and if you can, consult with Laurel. It's $125 for an email consult and $150 for a phone one I think. Totally worth it.

www.visacentral.net

monki12

07-12-2008, 10:21 PM

i would do at least a consult with a lawyer. You have a lot to prove as far as rehabilatation. Whenever dealing with a criminal kind of background its always best to hear advice or an opinion of a lawyer.

the one laura provided, laurel scott, is one that most members recommend. the best thing i can say is to consult a lawyer and after talking with them you think you can do this on your own, then do it. We have much information here, it can help you prepare yourself.

emt103c

07-12-2008, 10:22 PM

You are right that your case will be "particular" but everyone's is. The letters provided here are just to give you an idea as to the format of the letter and the arguments that others have used in the past. In no way are they meant to be form letters, just stepping stones.

There are MANY people here who have done this without attorneys and who are willing to take a look at your ideas and help you brainstorm. . .it sounds like there are a lot of arguments you can use, just by listening to your story.

Just remember--as a basis, on top of the "stickies" you are reading here--all of the hardships must relate back to you. As Laura says, you are going to want to address "rehabilitation" and as such will want letters from your wife's doctors describing that the irrational behavior was most exacerbated by the sudden onset of her disease, and detailing how the disease is being treated. . .the disease and it's treatment can relate back to a hardship for you if you had to help finance the treatment in your wife's "home" country. . .just some beginning ideas.

Good luck and welcome!

pen1137

07-12-2008, 11:56 PM

your interview was this past tursday? and the letter was dated friday...hhhmmm.

i'd like to think the stamp in the passport would take precedence over an error on whomevers part...life would be a happy place if immigration made sense.

any chance of contacting your interviewing officer and asking what's up?

jimmigrant

07-13-2008, 01:34 AM

Thanks everyone for replying. This is a general reply to everyone:

I will def consult with an atty at least for free if possible if nothing else to see their points of view on this.
I def realize that the letters posted up on this site are for example only and not to be used as a boiler plate.
One person had asked me if I'd tried reaching the INS officer we met with at the interview on the 10th of July - No, not yet but I plan to try as it does seem odd that he approves it despite everything and then the very NEXT day a letter is mailed indicating that we need to come back up AGAIN (3rd time mind you) the first interview was in Hartford in November 2007 - where they deemed that they needed to get some paperwork from NY office - so they rescheduled indef for July 10. Now this -absurd.

I failed to mention that I had managed to engage Representative (Governor) for CT and one of his people has been working with me off and on kind of guiding me on things - fr the past several months. I am hoping that he can assist to at least get the officers name or see if he can navigate the political waters for me and get on the inside so to speak. I have the interviewing officers ID # which is on my wife's passport from July 10th when he stamped the I-551 - but don't recall the officers name - anyone know of any other way to get a hold of this guy - or would it be pointless to try - he was actually really cool?
Also, and perhaps more importantly, the letter I got from USCIS about the form I-601 doesn't mention ANYTHING at all about mailing it in anywhere. It says to come August 29 back to Hartford and bring all my supporting documentation and if I should choose to also include this overpriced form I-601. I read everywhere else from ppl that they mail it in to get approved/denied etc but it seems in my case I should bring it in for one last showdown in Hartford - can this be right? The letter also mentions bringing form I-71 - but when i look in their letter they sent there are only 3 papers and i see no form I-71. So frustrating. I mean the onus is on me so should I reach out to them and ask whats up with this form I-71 or does anyone perhaps know what they're talking about?

Also, lastly - can they walk her off in cuffs that day on the 29th - anyone? :nospeak:
Edit:
It is Form I-72 NOT 71 that they are asking me for in conjunction with the form I-601. Just to clear that up. If anyone has heard of this form or know what the heck it is - would be awesome. I don't see it in the 3 papers they sent me and wondering if they forgot to put it in or what?

Pinkpig

07-13-2008, 02:12 AM

"Also, lastly - can they walk her off in cuffs that day on the 29th - anyone?"

Yes, they absolutely can, that possibility does exist.

Please do not go into that interview until you put the facts of your case in front of either Laurel Scott or Heathe Poole. If you absolutely cannot afford the $125, you can ask Laurel a question for free on her Wednesday chat.

My lawyer, Heather Poole does free consults and she is fabulous and knows her stuff as well. Her link is in my signature.

So many crazy things can and do happen in immigration.

Very few immigration lawyers understand the complexities of immigration.

Canada is a very difficult country to deal with if she is forced to leave the country. You really do not want that to happen.

The bar for getting an in-country waiver approved is higher and you do not want to go into this without the strongest case possible.

Knowing what I know, I would urge you to not go further with this until you absolutely understand all of the ramifications. The only way that I know for sure you can find that out is to consult either Laurel or Heather.

Immigration law is federal law. Governors generally are not effective in dealing with immigration. Your US Representative and US Senators are the people that can help you. But really all they are supposed to do is to make inquiries.

In immigration, the minutia can get you. There are so many different things with this, that to go into it without the best lawyer is not what you want to do.

This forum is full of members who have gotten bad advice and lost thousands of dollars with immigration attorneys that really don't have a clue and spouses who are stuck in foreign countries for years.

I wish you well.

pen1137

07-13-2008, 02:31 AM

I-72 04-01-83 Form letter for Returning Deficient Applications/Petitions. (from uscis.gov)

maybe your interviewing officer jumped the gun in approving when an additional info was still needed from the higher-ups...?

and it wouldn't surprise me if you did get your green card in the meantime. very interesting, more frustrating.

i agree with pinkpig wholeheartedly, tho, in getting a consult so you know what you'll be walking into in August.

good luck to you!

jimmigrant

07-13-2008, 03:37 AM

emt103c

07-13-2008, 03:52 AM

I agree that attorney consultation is a MUST.

However, while it is a possibility that they could deport your wife, that does not sound like their intention. It sounds like they want the I-601 filed from your description and, yes, turning it in in person is normal procedure.

They asked for the 601 in the letter they sent you, right?

Pinkpig

07-13-2008, 03:55 AM

Thanks for your insight and response. I will def consult an atty - i only got the letter today so we are just absorbing it really and were hit pretty hard by this as we thought we were in the clear. anyway, i did check your signature and followed the link but it seems Heather Poole doesn't offer a free consult. I am so tapped right now for a million other things I just don't have it. Ill try and do the wed night thing with Laurel Scott. Thanks!
Is USCIS serious though...I mean we have 2 kids that are US born- they still need this letter of hardship lol what...it isnt already blatantly obvious that there would be hardship .... just an excuse to collect another $600 - sorry just venting.

USCIS is seriously serious! Do not take this lightly.

Everyone on this site has already blatantly obvious hardships, many much more extreme and unusual than yours.

In order for someone to remove their ban and get the green card they must get a waiver approved that proves that the USC cannot live in their spouses country with their spouse and that the USC cannot live in the US without their spouse. You will have to convince them and you will need documentation to prove your claims to hardship. If you have a criminal charge, you will also have to prove rehabilitation. You will need all the court papers. These are all general statements, but that is how it works.

If there is any chance that you can get this done without your spouse leaving the US, that is what you want to do.

Good Luck.

Laurel's free chat is on Wednesday at 9 AM Pacific time and 12 noon Eastern time. The link to her site is here: http://www.visacentral.net/index.html

I have included the page and the link where Heather discusses her free consult. Please advise if you have conflicting information.

http://www.humanrightsattorney.com/sub/index.jsp?contentid=aj1fn0qvC9ovwim6wK4fjM4q

Arrange for a Consultation

We provide the options of an in-person or telephone consultation to address the complexities of your particular case and immigration history and the potential options available to you.

How to Schedule a Consultation:

Options: Fill out our brief consultation form (at left) and email your request to us;

OR

You can call us at 626.432.4550 or 1-877-486-2678 (HUMAN RTS) between 9:00 a.m. - 5:00 pm P.M. (PST) to set up a date and time for the consultation.

Please call our office for available appointment times. Evening or lunch appointments are available upon request.

Why Schedule an Attorney Consultation?

Meeting with a competent attorney from our office may provide you with additional alternatives and options that would otherwise be unknown to you when trying to complete the case yourself or if you process your case through a paralegal service that only fills out forms and cannot advise on legal issues;

An attorney can recommend the best ways for you to obtain legal status and utilize the system to your advantage because she has the experience to do so;

An attorney can complete and submit your applications properly so you don't waste money on having to re-file forms for filing the wrong ones, or delay receiving vital authorization to work or worse, fall out of lawful immigration status because you filed the wrong forms or not by the right time;

An attorney can help you stay current on the new laws that affect you, will act as your guide and interpreter through the ever-changing and complicated field of immigration law and the legal language. Generalized information is not a substitute for a detailed, fully informed analysis of your situation;

An attorney is authorized to speak for you in discussions with the CIS (INS) or represent you in court;

When meeting with an attorney from our office, we could alert you to potential unlawful presence or other problems you could encounter in trying to get your green card or trying to re-enter the U.S. if you should leave, information you may not understand or even know of on your own.

How does the consultation process work?

When you request a free consultation, one of our staff will contact you to start discussing your case. A staff member will ask you some preliminary questions and will review your answers with the Attorney to make sure we can be of help to you. Once it is determined that we can help you with your case, your consultation with the Attorney will be arranged. We will try to be flexible with your schedule, often arranging appointments at lunch hours, evenings, and weekends when available. Because the Attorney is often at CIS, court or working on cases representing clients, she does not answer her own phones and her staff if your best lifeline to reach her when you first wish to arrange a consultation with her. Thank you for your understanding and we all look forward to working with you.

I don't live in California. Can you still help me?

Yes. Immigration law is based on federal law, not state law. As a result, we can and do represent clients in immigration matters across the U.S.

Consultation Cost? An initial consultation with the attorney is free of charge. If more time is necessary due to the complexity of your situation, Heather will spend the extra time necessary to make sure that you know your options and will not charge you for the additional time in the initial consultation.

How we operate: After your consultation or any time after that, if you choose to hire us and if the Attorney is available to take your case, she cannot represent you without a written engagement letter signed by both you and the Attorney. The written agreement is for your protection, so it is clear what services will be provided and what the agreement is between you and your attorney, and besides, it is mandated by our state law in most circumstances and we like to comply with the law.

Warning about "Consultants" and Non-Attorney Immigration Assistance: Please be careful and alerted if someone posing as an attorney or someone who says they work for an attorney wishes to enter into an attorney-client relationship with you, accepts your funds, and has put nothing in writing !

Beware of unlicensed operators who promise immigration benefits or assistance for less than what an attorney would charge you. These individuals commonly refer to themselves as "immigration consultants" and advertise in local ethnic newspapers and yellow pages. They are not accountable to anyone, have no ethical standards they must comply with, are not licensed, and worst of all, they are known for taking people's money and doing nothing. Some may even lie to the government in your name for a quick, simple solution that in the end may result in your deportation or permanent exclusion from the U.S.

Also, watch out for notaries ("notarios"), service bureaus, travel agents, or others who promise quick, easy solutions to immigration problems. Beware of lawyers from other countries who are not licensed to practice in the U.S. and do not know U.S. laws, people who say they "know someone" who has an "inside track" or anyone who wants money to influence or bribe a CIS (INS) official.

__________________________________________________ _____________

Copyright © 2005. [Heather L. Poole] All Rights Reserved.

Questions or comments? Contact us at info@humanrightsattorney.com.
To schedule a consultation, contact us at consult@humanrightsattorney.com

© 2004 - 2008 Heather L. Poole, PC, Professional Law Corporation. All rights reserved.
This Custom WebExpress™ website is designed and powered by NextClient: legal website design company.
Site Map | Copyright | Disclaimer

iagarcia2004

07-13-2008, 03:57 AM

jimmigrant

07-13-2008, 04:12 AM

Hi thanks for replying - good to know it is normal procedure.
Yes they indirectly ask for it by saying if we choose to file it to make the check/money order out to blah blah. I will def file it I am not gonna play games now with it after all this but I just wanted to know if bringing by hand at the next meeting was normal or sounded off.
Edit:
THANK YOU! AWESOME - much appreciated.
Edit:
uscis Is Seriously Serious! Do Not Take This Lightly.

Everyone On This Site Has Already Blatantly Obvious Hardships, Many Much More Extreme And Unusual Than Yours.

In Order For Someone To Remove Their Ban And Get The Green Card They Must Get A Waiver Approved That Proves That The Usc Cannot Live In Their Spouses Country With Their Spouse And That The Usc Cannot Live In The Us Without Their Spouse. You Will Have To Convince Them And You Will Need Documentation To Prove Your Claims To Hardship. If You Have A Criminal Charge, You Will Also Have To Prove Rehabilitation. You Will Need All The Court Papers. These Are All General Statements, But That Is How It Works.

If There Is Any Chance That You Can Get This Done Without Your Spouse Leaving The Us, That Is What You Want To Do.

Good Luck.

Laurel's Free Chat Is On Wednesday At 9 Am Pacific Time And 12 Noon Eastern Time. The Link To Her Site Is Here: http://www.visacentral.net/index.html

I Have Included The Page And The Link Where Heather Discusses Her Free Consult. Please Advise If You Have Conflicting Information.

http://www.humanrightsattorney.com/sub/index.jsp?contentid=aj1fn0qvc9ovwim6wk4fjm4q

Arrange For A Consultation

We Provide The Options Of An In-person Or Telephone Consultation To Address The Complexities Of Your Particular Case And Immigration History And The Potential Options Available To You.

How To Schedule A Consultation:

Options: Fill Out Our Brief Consultation Form (at Left) And Email Your Request To Us;

Or

You Can Call Us At 626.432.4550 Or 1-877-486-2678 (human Rts) Between 9:00 A.m. - 5:00 Pm P.m. (pst) To Set Up A Date And Time For The Consultation.

Please Call Our Office For Available Appointment Times. Evening Or Lunch Appointments Are Available Upon Request.

Why Schedule An Attorney Consultation?

Meeting With A Competent Attorney From Our Office May Provide You With Additional Alternatives And Options That Would Otherwise Be Unknown To You When Trying To Complete The Case Yourself Or If You Process Your Case Through A Paralegal Service That Only Fills Out Forms And Cannot Advise On Legal Issues;

An Attorney Can Recommend The Best Ways For You To Obtain Legal Status And Utilize The System To Your Advantage Because She Has The Experience To Do So;

An Attorney Can Complete And Submit Your Applications Properly So You Don't Waste Money On Having To Re-file Forms For Filing The Wrong Ones, Or Delay Receiving Vital Authorization To Work Or Worse, Fall Out Of Lawful Immigration Status Because You Filed The Wrong Forms Or Not By The Right Time;

An Attorney Can Help You Stay Current On The New Laws That Affect You, Will Act As Your Guide And Interpreter Through The Ever-changing And Complicated Field Of Immigration Law And The Legal Language. Generalized Information Is Not A Substitute For A Detailed, Fully Informed Analysis Of Your Situation;

An Attorney Is Authorized To Speak For You In Discussions With The Cis (ins) Or Represent You In Court;

When Meeting With An Attorney From Our Office, We Could Alert You To Potential Unlawful Presence Or Other Problems You Could Encounter In Trying To Get Your Green Card Or Trying To Re-enter The U.s. If You Should Leave, Information You May Not Understand Or Even Know Of On Your Own.

How Does The Consultation Process Work?

When You Request A Free Consultation, One Of Our Staff Will Contact You To Start Discussing Your Case. A Staff Member Will Ask You Some Preliminary Questions And Will Review Your Answers With The Attorney To Make Sure We Can Be Of Help To You. Once It Is Determined That We Can Help You With Your Case, Your Consultation With The Attorney Will Be Arranged. We Will Try To Be Flexible With Your Schedule, Often Arranging Appointments At Lunch Hours, Evenings, And Weekends When Available. Because The Attorney Is Often At Cis, Court Or Working On Cases Representing Clients, She Does Not Answer Her Own Phones And Her Staff If Your Best Lifeline To Reach Her When You First Wish To Arrange A Consultation With Her. Thank You For Your Understanding And We All Look Forward To Working With You.

I Don't Live In California. Can You Still Help Me?

Yes. Immigration Law Is Based On Federal Law, Not State Law. As A Result, We Can And Do Represent Clients In Immigration Matters Across The U.s.

consultation Cost? An Initial Consultation With The Attorney Is Free Of Charge. If More Time Is Necessary Due To The Complexity Of Your Situation, Heather Will Spend The Extra Time Necessary To Make Sure That You Know Your Options And Will Not Charge You For The Additional Time In The Initial Consultation.

How We Operate: After Your Consultation Or Any Time After That, If You Choose To Hire Us And If The Attorney Is Available To Take Your Case, She Cannot Represent You Without A Written Engagement Letter Signed By Both You And The Attorney. The Written Agreement Is For Your Protection, So It Is Clear What Services Will Be Provided And What The Agreement Is Between You And Your Attorney, And Besides, It Is Mandated By Our State Law In Most Circumstances And We Like To Comply With The Law.

Warning About "consultants" And Non-attorney Immigration Assistance: Please Be Careful And Alerted If Someone Posing As An Attorney Or Someone Who Says They Work For An Attorney Wishes To Enter Into An Attorney-client Relationship With You, Accepts Your Funds, And Has Put Nothing In Writing !

Beware Of Unlicensed Operators Who Promise Immigration Benefits Or Assistance For Less Than What An Attorney Would Charge You. These Individuals Commonly Refer To Themselves As "immigration Consultants" And Advertise In Local Ethnic Newspapers And Yellow Pages. They Are Not Accountable To Anyone, Have No Ethical Standards They Must Comply With, Are Not Licensed, And Worst Of All, They Are Known For Taking People's Money And Doing Nothing. Some May Even Lie To The Government In Your Name For A Quick, Simple Solution That In The End May Result In Your Deportation Or Permanent Exclusion From The U.s.

Also, Watch Out For Notaries ("notarios"), Service Bureaus, Travel Agents, Or Others Who Promise Quick, Easy Solutions To Immigration Problems. Beware Of Lawyers From Other Countries Who Are Not Licensed To Practice In The U.s. And Do Not Know U.s. Laws, People Who Say They "know Someone" Who Has An "inside Track" Or Anyone Who Wants Money To Influence Or Bribe A Cis (ins) Official.

__________________________________________________ _____________

Copyright © 2005. [heather L. Poole] All Rights Reserved.

Questions Or Comments? Contact Us At info@humanrightsattorney.com.
To Schedule A Consultation, Contact Us At consult@humanrightsattorney.com

© 2004 - 2008 Heather L. Poole, Pc, Professional Law Corporation. All Rights Reserved.
This Custom Webexpress™ Website Is Designed And Powered By Nextclient: Legal Website Design Company.
Site Map | Copyright | Disclaimer

Thank You!

Pinkpig

07-13-2008, 04:41 AM

Yes, it would be appropriate to have it ready to give them at your next meeting. You might want to take a look at what they look like in the stickys.

You might also want to read Laurel's information link about the I-601 from her site.

LilB has posted hers and it was done by Laurel.

I think that the most complete and awesome one done by a member without a lawyer is Adriane's.

Good Luck.

jimmigrant

07-13-2008, 02:09 PM

Cool, thanks I am now perusing those applications. I am also first now reading the brief blurb posted in the sticky by Laruel Scott about the actual I-601 and what they are etc. It seems that since for me it is being done in-country that the adjudicating officer who took care of our interview will also likely be the one either wholly making the decision or assisting with it. Logically she also writes that "they" (like most depts) tend to want to be consistent with their decisions. So, it would suffice to say under normal circumstances that I shouldn't worry so much as the guy already passed her through with a stamp. I am a big cynic when it comes to the USCIS (sorry but how could you not be) and for me this is just a money pit- especially at this juncture.
In any case, thanks again for posting back. Appreciate it!
Edit:
sounds ridiculous i know - but in their letter the USCIS mentions nothing of me being there with my wife who is the alien. I of course will go but will this pi$$ them off? anyone know - their letter is so cryptic.
Edit:
I am doing searches on the web and found nothing related to the fact that a Violation of a Protective Order as being a Felony charge. This is the very same charge my wife was convicted of and is causing her problems as being declared inadmissible by USCIS following our interview. Have a look ... am I crazy or what?

403.763 Criminal penalty for violation of protective order.
(1) A person is guilty of a violation of a protective order when he intentionally violates
the provisions of an order issued pursuant to KRS 403.715 to 403.785 with which
he has been served or has been given notice.
(2) Violation of a protective order is a Class A misdemeanor.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 172, sec. 15, effective July 14, 1992
Edit:
After researching this and having another look at the letter we received just yesterday from USCIS regarding my wifes AOS and "appearing to be inadmissible as a permanent resident"...I found that they are wrong in their calculations. they indicate that my wife has a felony class d for violating a protective order - when in fact it is only a misdemeanor and not a felony. Now, i think I will have her go to the local court where she was brought originally in 2005 for this charge and get CLEAR & concise documents indicating all this and even a letter from the DA or whatever. Then I will scan to pdf this for my contact at the congressman's office and have him try and forward via email or fax to someone inside the Hartford INS office. Seems legitimate, no? They are clearly wrong and I' like to prove this ASAP so as not to have this looming over our heads for another 60 days.
One final note, I will also submit a copy of the I-551 stamp that the interviewing officer had made which is just further proof that she should be approved.

That charge is only a Felony charge IF it is conjunction with another criminal charge and it was BUT as the interviewing officer saw when reviewing our case the connecting charge was knolled and therefore erased and cannot be used in connection with the violation of subsequent protective order making that charge a Class C or D misdemeanor. while that is not pretty either it shouldn't be grounds for denial of AOS. USCIS in there letter are obviously or can only be confusing the fact that the subsequent violation of protective order was in fact knollied and should not count as a guilty charge against my wife. Hows that for no law experience lol - got to love the internet. However, who knows if we're in the clear yet, albeit it is at least hope for some light at the end of the tunnel. Argh just get me out of the system.

emt103c

07-13-2008, 09:04 PM

This is what immigration uses to determine ineligibility:

http://www.state.gov/documents/organization/86942.pdf

jimmigrant

07-14-2008, 03:50 AM

Thank you EMT for that pdf it is helpful to see what they are looking and referring to.

However, in my case I feel that this cannot really help as they are citing something very specific having to do with my wife in her past. what they are citing is something which is actually not true. She never had a Felony. They explicitly are saying in their letter to us that because of the Class D Felony she has she appears to be inadmissible to adjust status. I distinctly recall her defense attorney back in 2005 going out of his way to ensure that she did not receive a felony on her record as it would bar her from immigration and from remaining an RN which she is.

He (the defense atty) for my wife even went as far as to even tell my wife to just plead guilty to the other lesser misdemeanor charge so that the other 2 charges (which if put together equal a felony) she had been charged with as well would instead be waived and knolled- which they in fact were (like striking a deal). Its ugly but it worked.

So, now I can see where USCIS is going wrong or interpreting it incorrectly. They are looking at this as if they are all put together and that is not how it works. If she was charged but not found guilty or if charges were brought against her BUT knolled, then it is as good as never being there - and cannot be used against her. That is exactly why the interviewing officer last week knew this and why he went ahead and stamped her for the green card - because although ti appeared as though there is a felony there really isn't as the charges that appear were in fact knolled - instead there is one misdemeanor Assault 3rd. IF this assault 3 is put together with a violating a protective order then it BECOMES a FELONY class D but this violating protective order was knolled so the assault 3 stays a misdemeanor - they, USCIS, is seeing these and putting them automatically together without reading where it says knolled-law is law they cannot do that as it doesn't work like that. Obviously it would appear to me that our interviewing officers supervisor got a hold of the papers and then took it upon himself to blow the horn on us for what appears to be a felony but if he reads between the lines as the interviewing officer did - the charges are and were knolled - therefore cannot be used against her - case closed.
Does this make sense to anyone? It is an error on their part it can ONLY be as there is NO FELONY and that is their reasoning for stopping her AOS and green card from going through which I am sorry just isn't the case. I have to find a way to show them that they are wrong. Basically lead them to water and MAKE THEM DRINK TOO. sigh - sending the wife to see the defense atty tomorrow and get a letter from a judge signed then faxing it to Hartford somehow someway as I don't wanna try to leave this until the actual follow up hearing aug 29.

emt103c

07-14-2008, 06:30 PM

Okay, it is a good idea to talk to the criminal attorney and try to get things cleaned up, and to try to get things changed in your favor

HOWEVER

Immigration law is very different than criminal or civil law. A person does not have to be convicted of a crime for it to count against them. If you are trying to get this charge reduced to the point that it will no longer count against her at all, in addition to contacting the DA and the defense attorney, you will need to contact an experienced immigration attorney to help as well. In this respect immigrants ARE NOT afforded the same assumation of innocence.

While you may be correct that it is not considered a felony in your state, and they wrote "felony" on the denial. . .nothing matters except if it is on the list of CIMT that I gave you. . .assault is listed in several different ways and you will need this printout to prove that her charge/conviction/plea, qualifies as one of the ones that does not involve "moral turpitude" as defined by these statutes. . .NOT so much that it does not qualify as a Felony.

If I were you, and you dont trust my information here, I would look around the forums to see the sheer number of people who have been affected, same as you in this manner.

Laura

07-14-2008, 06:32 PM

jimmigrant

07-15-2008, 03:51 AM

OK - I hear you and thank you on all counts. Quick update: today my wife went to the courthouse where she was originally charged etc .. she spoke to her defender and he cleared it up and right off the bat says they make this type of mistake all the time. He ran through the computer again to verify and remembers the case clearly. He wrote a certified letter and gave to her along with ALL the charges she was guilty of, which are only misdemeanors. The Assault 3rd is not one of moral turpitude as it is not with intent to harm etc (all that mumbo jumbo). He specifically looked for and got copies of the violation of protective order which USCIS is claiming she was found guilty of and he found that she is clearly not as the case knolled. If a case knolled immigration law or not it means it is cleared, done, finished, never happened. This is why going back to our interview last week - the freaking interviewing officer was smart enough to know this and made the correct calculations based on the info. Then he probably submitted it for Green Card processing or whatever they do etc and some big shot blew the whistle. Totally understandable as it IS confusing but now with all the certified letter from the public defender who also is a commissioner of the court in our district along with all the other certified copies of court charges/transcripts - it should be enough to show them at Immigration. I am going to copy everything and put in a packet and send certified mail to their office in Hartford one copy mailed to the interviewing officer and the other to the dude who is on the letter for the hardship waiver who must be the head guy there. Then I wait and of course if I hear nothing I still go on Aug 29th. I appreciate everyones help but I know I am right here and they are wrong - we made it this far no attorney is needed for this - it is just a matter of showing them.

Okay, it is a good idea to talk to the criminal attorney and try to get things cleaned up, and to try to get things changed in your favor

HOWEVER

Immigration law is very different than criminal or civil law. A person does not have to be convicted of a crime for it to count against them. If you are trying to get this charge reduced to the point that it will no longer count against her at all, in addition to contacting the DA and the defense attorney, you will need to contact an experienced immigration attorney to help as well. In this respect immigrants ARE NOT afforded the same assumation of innocence.

While you may be correct that it is not considered a felony in your state, and they wrote "felony" on the denial. . .nothing matters except if it is on the list of CIMT that I gave you. . .assault is listed in several different ways and you will need this printout to prove that her charge/conviction/plea, qualifies as one of the ones that does not involve "moral turpitude" as defined by these statutes. . .NOT so much that it does not qualify as a Felony.

If I were you, and you dont trust my information here, I would look around the forums to see the sheer number of people who have been affected, same as you in this manner.