concreterose55
07-22-2008, 06:46 PM
Hello everyone. I am new to this site and was told that putting a timeline together would help people give me suggestions and advice or I finally did it lol. I don't know if I post this in the right forum but hopefully if it's not someone can point me in the right direction. I'm trying to figure out if I can do the paperwork myself including the waivers or if I would have to have a lawyer and if so are there any suggestions of lawyers in NY that are reasonably priced that can help me with the filing. I'm just very confused and not sure which way to turn. Thanks soooo much everyone! Ok... here we go...
Our Timeline...
2/96- Visa issued
7/96- Entered US and was inspected by a US Immigration Officer
12/97- Married ex-wife (she did the original filing for him)
1/99- Birth of first child
8/99- Submitted I 485, I 130, I 765
8/2000- Birth of son
1/2001- Interviewed
2/2001- Lawyer submitted request for a new interview.
11/2003- Interviewed again
11/2004- Recv'd decision letter...Denied!
Reasons:
6 arrests...3 were dismissed, 3 convictions... Criminal Possession of a Weapon in the Fourth Degree in 4/2001. The lawyer stated that his offense didn't render him ineligible for adjustment of status because he was fined and not sentenced to any term of imprisonment or probation, thus making him exempt of mandatory detention. Section 236 of the Act relates to aliens "when the alien is released" and not to those who were never imprisoned; Disorderly Conduct in May 2002 and violation of an Order of Protection in 1/2003 which put him on probation and was on probation at the time of 2003 interview.
The decision letter said that his current probation at the time of interview leads them to believe they have no reason to conclude that his standard behavior will abate and any further legal troubles could affect the terms of his probation. So in the discretion of the Attorney General, his application was denied.
Now my husband and I met during the time he was separated from his wife. We had a child in 2003 and after his divorce in 2005, we married. My husband was detained by immigration from January 2005 until he was deported back to his country in July of 2005. The Immigration Judge stated that because of my health condition, if we were married he would've granted the extreme hardship waiver but since he was still legally married to his wife, there was nothing he could do. But he encouraged us to marry because he saw that there was a sincere need for my husband to be here with our family. We owned a taxi service for 3 years before he was detained, providing medical transportation to patients in our county. He supported our family as well as his ex-wife and their children. Ever since he's been gone, my health has deteriorated because of everything being left to me to take care of. I eventually had to let go of the business because it was too much to take care of while being a full-time mom and being so sick. I really appreciate everyone's time in hearing my story and helping where possible. I know there's a ton of other info that I left out but I can answer any questions to fill in any blanks. Thanks again!
Our Timeline...
2/96- Visa issued
7/96- Entered US and was inspected by a US Immigration Officer
12/97- Married ex-wife (she did the original filing for him)
1/99- Birth of first child
8/99- Submitted I 485, I 130, I 765
8/2000- Birth of son
1/2001- Interviewed
2/2001- Lawyer submitted request for a new interview.
11/2003- Interviewed again
11/2004- Recv'd decision letter...Denied!
Reasons:
6 arrests...3 were dismissed, 3 convictions... Criminal Possession of a Weapon in the Fourth Degree in 4/2001. The lawyer stated that his offense didn't render him ineligible for adjustment of status because he was fined and not sentenced to any term of imprisonment or probation, thus making him exempt of mandatory detention. Section 236 of the Act relates to aliens "when the alien is released" and not to those who were never imprisoned; Disorderly Conduct in May 2002 and violation of an Order of Protection in 1/2003 which put him on probation and was on probation at the time of 2003 interview.
The decision letter said that his current probation at the time of interview leads them to believe they have no reason to conclude that his standard behavior will abate and any further legal troubles could affect the terms of his probation. So in the discretion of the Attorney General, his application was denied.
Now my husband and I met during the time he was separated from his wife. We had a child in 2003 and after his divorce in 2005, we married. My husband was detained by immigration from January 2005 until he was deported back to his country in July of 2005. The Immigration Judge stated that because of my health condition, if we were married he would've granted the extreme hardship waiver but since he was still legally married to his wife, there was nothing he could do. But he encouraged us to marry because he saw that there was a sincere need for my husband to be here with our family. We owned a taxi service for 3 years before he was detained, providing medical transportation to patients in our county. He supported our family as well as his ex-wife and their children. Ever since he's been gone, my health has deteriorated because of everything being left to me to take care of. I eventually had to let go of the business because it was too much to take care of while being a full-time mom and being so sick. I really appreciate everyone's time in hearing my story and helping where possible. I know there's a ton of other info that I left out but I can answer any questions to fill in any blanks. Thanks again!