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Thread: A little about myself with URGENT Questions and help needed please.

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    A little about myself with URGENT Questions and help needed please.

    Hi all a Little about myself.

    I do not know if I am doing this correctly, I do not even know how to post a question.

    A little about myself, I have been married to my US citizen Husband since June 2014 , I came over on a fiance visa, We are now married 2 years, I applied in time for my adjustment of status, and went in for my Interview. At my Interview I disclosed that I had been charged with a accidental culpable homicide 25 years ealier, but that this had been expunged. My Interviewer asked why I had not put that on my first visitors visa application, And I answered honestly that, I genuinly thout with my record been expunged that all was clear, this was not the case. I received notice to apply for a Form I 601, Waiver on ground of excludability, This is when i joined Immigrate to us. But could never find how to post a question.

    We filled out the form and sent it off of July last year. Friday 18th we received a letter saying my Form I 601 was denied as well as my Form I 485, adjustment of status. It also said that I should return my advance parole document , which is only valid till 18 April. And should make plans to leave the country immediately as i have now been here illegally since May 2014, Because i lied on my visa application. But it also says i can file a Form 290B appeal, for the Form I 601 that was denied within 30 days. And try and prove more extensively that my Husband will suffer extreme hardship. they also mentioned that my Husband could move to my home Country of South Africa, Even though we sent documents, indicating that now in South Africa, White males are the very last to be approved employment, not to mention the crime stats. One thing thaey did not even mention is. My Husband is on probtion, 10 years to life, and my not immigrate out of the country at all, As he must also register every 3 months at the Police station.

    I am now at my wits end, I will homeless, penniless,without medical care ect should I return, The Immigration officer said my faily could help me. No..they cannot help me as they are in dire straits them self.

    My question is then this.

    1.should we and how do we apply on a Form I-290 B?

    2. Am i allowed to remain in the country while appluying for the I-290B?

    3. If I satay will I be locked up ?

    4. If I leave, will I be barred from USA for 10 years.

    My Husband is suffering a great deal now from anxiety and stress, He is hardly eating or sleeping due to him worrying about me having to leave the USA and what will become of me , He works from 3am to sometimes 10 pm at night. Does this constitute as extreme hardship. Our Dr has prescibed anti deppressants for him.

    And now him being on probation and not been able to immigrate, How is this not an extreme hardship, As he has been a model citizen since his conviction and being released. We would never want him to jepodize his good standing with the probation by him just leaving.

    Hope I did this correctly and that you can help.

    Thankyou
    Modjaji

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    modjaji did you finish your criminal sentence ?did you go to jail?

    - - - Updated - - -

    sorry i dont know about this form I-290 B
    I not sure if your case is a agravate felony
    but i see in this site other criminal cases get aprove maybe they was mad because you not told you have criminal record in front
    EWI 2002
    Meet spouse 2006
    coming too Brasil 2007
    Get marrie may 4 2011
    send I-130 april 2012
    I-130 Aproved 18 december 2012

    Lawyer Lizz cannon


    waiver mailed 06 august 2016
    they receive 11 august 2016


    lawyer Erin Schaad

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    Are you working with an attorney? If not, quite frankly, you need to be. What was the reason given for the denial of the I-601?
    Just getting started? Here are some guides to help you learn more about the process:
    Help! My foreign spouse/fiance is or was illegally present - what do I do?
    EWI, bans, and what you should know BEFORE filing
    Self-Test for Waiver Inadmissability
    What to look for when hiring an attorney

    Other useful guides:
    All About the I-601: Resources for Proving Extreme Hardship
    Guide to Removing Conditions for Conditional Visas (I-751)
    Guide to Select Service
    How to Enlist the Help of Your Elected Officials
    Member Recommended Attorneys

    **Disclaimer: I am not a lawyer and am only drawing on personal experience. Please consult with an experienced attorney regarding your case specifics before taking any action.

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    You need an atty asap, they say you are denied due to not disclosing the crime.it accidental , do you have proof
    all that an atty would need, from you were to;d at the interview you needed a waiver you should get an atty to prepare
    a strong & proper brief with explanation. That was not a DIY situation If in dire straits fnanacially try speaking to your
    local legal aid or Catholic Charities. yes you are out of status & can be picked up. A motor vehicle accident 25 yrs ago
    if disclosed would have not prevented you from getting the K1, but lying is a big problem because they ask about
    arrests on convictions for anytime on these forms

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    I was never sentenced to Jail, It was a negligent Case, I was given a fine.

    - - - Updated - - -

    the reason for the denial was that we did not prove enough that my Husband would suffer extreme Hardship.I will be seeing an Immigration Lawyer on Thursday.

    - - - Updated - - -

    The form I-209B is an appeal against the waiver form being denied. I have less than 30 days to submitt this. I am praying that the lawer can help me.

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    Thankyou for all the replies and advice. I will be seeing an Immigration Lawyer on Thursday. The first time I applied for a visitors visa, I honestly thought, Because I had no other offences ever against me for 25 years , and that this record had been expunged. That my record was clear. When we infromed that it still had to be on the form, We wrote this down immediately and I even spoke of this in my interview. Thus came the waiver of excludability and extreme Hardship. Which was denied and now this Form I-290B, Appeal to reconsider. I will hear what the lawyer says.

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    modjaji

    look like you can apply for other waiver
    you need show extreme hardship from your husband

    im just curious you told in your interview about the accidental culpable homicide 25 years ealier are they find out ?
    EWI 2002
    Meet spouse 2006
    coming too Brasil 2007
    Get marrie may 4 2011
    send I-130 april 2012
    I-130 Aproved 18 december 2012

    Lawyer Lizz cannon


    waiver mailed 06 august 2016
    they receive 11 august 2016


    lawyer Erin Schaad

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    I am glad that you are consulting with a lawyer. It may be difficult to appeal this decision. From my limited experience, an appeal is granted when there is a legal mistake made in the interpretation of the waiver decision. You may be better of filing a 601 waiver but this is something you need to ask your lawyer. Unfortunately for immigration purposes having a record expunged means very little. My husband had a CIMT from 20 years prior to us starting the immigration process. He did not serve jail time but was placed on probation and once is probation was over his record was expunged. I too thought that this would make it easy. Luckily we did disclose it immediately but it came as a huge shock for his visa to be denied. We had to file the waiver and it was eventually approved. Best of luck and keep us posted

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    in this link you can see what you need for prove extreme harship

    https://immigrate2us.net/forum/showt...treme-Hardship
    EWI 2002
    Meet spouse 2006
    coming too Brasil 2007
    Get marrie may 4 2011
    send I-130 april 2012
    I-130 Aproved 18 december 2012

    Lawyer Lizz cannon


    waiver mailed 06 august 2016
    they receive 11 august 2016


    lawyer Erin Schaad

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    I agree that appealing the denial of a I-601 would be futile if the I-601 petition was weak in the first place

    In that case, the better approach would be to file a new I-601 (with a new I-485 if the I-485 had been denied, which it sounds like it hasn't been... yet) with a strong case of hardship, addressing both any criminal related inadmissibilities and fraud related inadmissibilities

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