Regarding a pending I485 approval of a Visa Waiver Petitioner (my husband).....below from the blog regarding the Bradley decision"
"Outside of court and separate from the decision, USCIS in New Jersey for some time is holding cases where a VWP entrant filed for adjustment of status more than 90 days after entering. It's not clear what they would do that -- the Third Circuit's ruling does not prevent USCIS from granting adjustment of status. All it says is that if the government is actively deporting someone before USCIS decides the request for a green card, the immigrant will not be able to get a federal court to block the deportation. We will see whether USCIS adopts a strange interpretation of the Third Circuit's decision (and if so, how soon a federal court can rule on USCIS's interpretation)".
.Below is the story (brief as possible) of my husband and my situation. At this time, our attorney says that the Newark office is holding files to wait on what the third circuit will say about those without an active deportation order.
1. His father applied for his i130 as an immediate relative to a minor. Since he was only a legal resident and not a USC, then he could not file a 485 app and 130 together. The filing would have been within his 90 days, however the father filled out the wrong form, immigration sent it back and he completed the new one. Thus the I130 was approved.
2. My Husband stayed in the country based on the approved i130 status. Met me six years later, a United States citizen and we got married, we applied for a new I130 and I485 less than 30 days after our wedding day.
3. Our first interview was a disaster, and I'll spare you the details (bring an attorney no matter how much is costs you) and ultimately ended up denied bc we didn't have my husbands birth certificate translated from spanish to english. We didn't realize that it needed to be translated bc the instructions called for documents in foreign languages need to be translated. It may sound stupid, but we didn't consider spanish a foreign language. Right or wrong, English is not the official language of the United States. I am not permitted to tell my employees that they can't speak Spanish in the workplace bc that would be discrimination. I could barely understand my IO's english during our interview. Even the USCIS website is in Spanish, many billboards, heck parts of the country you can't visit unless you understand Spanish so we really didn't think it applied. Such a simple direction, we probably should have just done it..but honestly and truly didn't think it was applicable. I don't speak or understand Spanish and I could effectively translate this birth certificate.
4. We applied for an appeal. We were denied the right to appeal, but were encouraged to reapply.
5. Our attorney advised us to reapply, start the whole process over. This is now December, 9 mos after we were married.
6. We rec'd another approved I130, biometrics, and were scheduled for our Interview. In the interim my husband rec'd his second EAD.
7. Our interview started off rocky bc the IO didn't like our translated Spanish birth certificate. It happened that he spoke Spanish and declared that although we had it translated, it wasn't a literal translation. The RFE didn't ask for a literal translation, apparently this was something new. Now, if he didn't speak spanish, what would the outcome have been? I was told that he was just being a buster bc IO's tend to abuse their power if you don't have an attorney present. Mind you, we had two translations, one was from our attorney (a fluent Spanish speaker), and the other an agency that regularly translated documents from Spanish to English. I was hyperventilating at that point and started to have tunnel vision. The IO told us he was going to give us a break and allow us to go have this translated "literally". We found another translator who found our request completely ridiculous and said this was the very first time she experienced this. Nonetheless we did as we were told.
8. We brought the translated doc back to the IO who accepted it. He gave us a paper that stated our file would be held for further investigation and we should hear within two weeks.
9. There is no way in the world anyone would not believe our marriage is valid, we had everything we...even three translations of a single birth certificate....and my husband and I are very much a valid, loving, married couple.
10. Time passes, and we hear nothing. Then we find out through our attorneys investigation that the file is being held in Newark bc my husband entered the country on a visa waiver and didn't get married within 90 days. So, while the third circuit determined (the Bradley case) that if you have an active deportation order you will not have your 485 approved...they have yet to say anything about the poor suckers that are here with their family, an approved EAD, etc. AND, for us specifically, keep in mind that this whole process began nearly 8 years earlier when his father applied for his (see number 1) I130 petition. Not only did I not know him 8 years ago, but he was a minor and no matter how much I love him...I don't think marriage was going to be on the table.
11. As we wait, our lives are completely put on hold. Planning a family? Out of the question. Looking for a home of our own? Why, so I can be left as a statistic with a foreclosure when we have one income? Will the 3rd circuit decide he needs to leave too? And if he does...and I, and U.S. Citizen reapplies for him (third round, cha ching) will the once again the check be cashed and my husband be banned from entering the U.S. due to the 10 year ban rule? It doesn't just apply to deportees, and it doesn't make a darn bit of difference that I am an American citizen. What's next, they absolve our marriage?
Any feedback, opinions or experiences would be appreciated.
"Outside of court and separate from the decision, USCIS in New Jersey for some time is holding cases where a VWP entrant filed for adjustment of status more than 90 days after entering. It's not clear what they would do that -- the Third Circuit's ruling does not prevent USCIS from granting adjustment of status. All it says is that if the government is actively deporting someone before USCIS decides the request for a green card, the immigrant will not be able to get a federal court to block the deportation. We will see whether USCIS adopts a strange interpretation of the Third Circuit's decision (and if so, how soon a federal court can rule on USCIS's interpretation)".
.Below is the story (brief as possible) of my husband and my situation. At this time, our attorney says that the Newark office is holding files to wait on what the third circuit will say about those without an active deportation order.
1. His father applied for his i130 as an immediate relative to a minor. Since he was only a legal resident and not a USC, then he could not file a 485 app and 130 together. The filing would have been within his 90 days, however the father filled out the wrong form, immigration sent it back and he completed the new one. Thus the I130 was approved.
2. My Husband stayed in the country based on the approved i130 status. Met me six years later, a United States citizen and we got married, we applied for a new I130 and I485 less than 30 days after our wedding day.
3. Our first interview was a disaster, and I'll spare you the details (bring an attorney no matter how much is costs you) and ultimately ended up denied bc we didn't have my husbands birth certificate translated from spanish to english. We didn't realize that it needed to be translated bc the instructions called for documents in foreign languages need to be translated. It may sound stupid, but we didn't consider spanish a foreign language. Right or wrong, English is not the official language of the United States. I am not permitted to tell my employees that they can't speak Spanish in the workplace bc that would be discrimination. I could barely understand my IO's english during our interview. Even the USCIS website is in Spanish, many billboards, heck parts of the country you can't visit unless you understand Spanish so we really didn't think it applied. Such a simple direction, we probably should have just done it..but honestly and truly didn't think it was applicable. I don't speak or understand Spanish and I could effectively translate this birth certificate.
4. We applied for an appeal. We were denied the right to appeal, but were encouraged to reapply.
5. Our attorney advised us to reapply, start the whole process over. This is now December, 9 mos after we were married.
6. We rec'd another approved I130, biometrics, and were scheduled for our Interview. In the interim my husband rec'd his second EAD.
7. Our interview started off rocky bc the IO didn't like our translated Spanish birth certificate. It happened that he spoke Spanish and declared that although we had it translated, it wasn't a literal translation. The RFE didn't ask for a literal translation, apparently this was something new. Now, if he didn't speak spanish, what would the outcome have been? I was told that he was just being a buster bc IO's tend to abuse their power if you don't have an attorney present. Mind you, we had two translations, one was from our attorney (a fluent Spanish speaker), and the other an agency that regularly translated documents from Spanish to English. I was hyperventilating at that point and started to have tunnel vision. The IO told us he was going to give us a break and allow us to go have this translated "literally". We found another translator who found our request completely ridiculous and said this was the very first time she experienced this. Nonetheless we did as we were told.
8. We brought the translated doc back to the IO who accepted it. He gave us a paper that stated our file would be held for further investigation and we should hear within two weeks.
9. There is no way in the world anyone would not believe our marriage is valid, we had everything we...even three translations of a single birth certificate....and my husband and I are very much a valid, loving, married couple.
10. Time passes, and we hear nothing. Then we find out through our attorneys investigation that the file is being held in Newark bc my husband entered the country on a visa waiver and didn't get married within 90 days. So, while the third circuit determined (the Bradley case) that if you have an active deportation order you will not have your 485 approved...they have yet to say anything about the poor suckers that are here with their family, an approved EAD, etc. AND, for us specifically, keep in mind that this whole process began nearly 8 years earlier when his father applied for his (see number 1) I130 petition. Not only did I not know him 8 years ago, but he was a minor and no matter how much I love him...I don't think marriage was going to be on the table.
11. As we wait, our lives are completely put on hold. Planning a family? Out of the question. Looking for a home of our own? Why, so I can be left as a statistic with a foreclosure when we have one income? Will the 3rd circuit decide he needs to leave too? And if he does...and I, and U.S. Citizen reapplies for him (third round, cha ching) will the once again the check be cashed and my husband be banned from entering the U.S. due to the 10 year ban rule? It doesn't just apply to deportees, and it doesn't make a darn bit of difference that I am an American citizen. What's next, they absolve our marriage?
Any feedback, opinions or experiences would be appreciated.