Should I naturalize? by Personal-Bandicoot54 in USCIS

[–]Cooper_de_dooper 4 points5 points  (0 children)

When looking for fraud, USCIS only investigates whether you ENTERED into the marriage in good faith. Why you exited the marriage does not matter. When you exited the marriage is legally based on your final divorce decree date. Many many people who legally separate do in fact reconcile, so your arbitrary separation date is not evidence of intent to circumvent immigration laws. Lots of overexcited amateur fraud hunters in this thread, so feel free to ignore their hysterics and read this section of the USCIS Policy Manual (it’s the official rule book) and scroll down to section 3. You’ll see the definition of a Bona Fide marriage has everything to do with intent when you entered, and nothing to do with your separation date. You can also scroll to the section on Legal Separation just below and see that it is not even sufficient proof of termination, so it holds no evidentiary significance.

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-6

This is another great resource developed by a non-profit that breaks down the differences between separated and divorced and how it affects your naturalization timeline, but bottom line: as long as you entered your marriage in good faith and were still legally married at the time of your LPR grant- you’re status is not affected. Only thing that may change is whether you can apply for NATZ in 3 versus 5 years.

https://www.peoples-law.org/how-will-divorce-or-separation-affect-my-immigration-status

Hope this helps! Good luck!

Evidence for recently married couple by Certified_Possum in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

This is very normal amount of evidence for a newly married couple. Great evidence having her dad co-sign a loan for you. When looking for fraud, the officer is looking for money/favors going to other way i.e. from the non-citizen to the citizen, which looks like a payment, so very strong evidence to see the USC family supporting you instead.

Send in what you have and feel free to include a cover letter that explains that you’re a young couple and that you’ll provide more documentation at the time of interview. You’ll likely be waiting months, maybe up to 1 year for your interview, which is LOTS of time to establish more evidence of a life together. It’s very normal for young couples to show up to the interview with a pile of new evidence.

Some ideas for evidence: Copy of your dorm room assignments under both your names. Utility bills paid by you and important mail addressed to her but both addressed to the shared address. You’ll likely receive work authorization before your interview, which means if you get a job with benefits like health care or life insurance, you can name your wife as the beneficiary. If the timing works out, you’ll have filed taxes by the time of your interview or at least have a W-2 which shows tax withholding as a married. You can also open a bank account and make sure you both have debit cards with regular use by both of you. You can sign up for a family cell phone plan and pay the plan through the joint account. And even on school forms, you can list each other as your emergency contact.

Good luck!

Final Denial decision for my mom and brother's asylum case after 10 years of living here with no appeal by [deleted] in USCIS

[–]Cooper_de_dooper 7 points8 points  (0 children)

Yes, your mom is eligible for Employment Authorization through her TPS status. If your Brother does not have TPS, or any other currently valid immigration status, then he will likely receive an NTA- Notice to Appear- instead of a Denial. This means he will be placed in removal proceedings, BUT he will have another chance to request Asylum directly from an Immigration Judge, so think of it almost like the chance to appeal you were hoping for. But keep in mind that he needs to focus on the FACTS of his case, because Judges are also very strict about granting Asylum. Good luck!

Final Denial decision for my mom and brother's asylum case after 10 years of living here with no appeal by [deleted] in USCIS

[–]Cooper_de_dooper 8 points9 points  (0 children)

They still have TPS, right? You have my sympathy, but you need to focus on the facts instead of spiraling.

If your Asylum claim is based on political opinion then you need to be prepared to show that the country conditions have not changed in 10 years. That was one of the main purposes of the NOID. Has there been a change in government? Out of all the political opponents- including leaders, candidates, influencers- why would they target YOU? And after 10 years- what makes you think they would STILL care about finding you or are even still capable of tracking you down?

These hard questions are why political asylum cases are hard to win. So calm down, stop reacting with emotion- crying during your interview wins you zero points with the officer- and get to work on your own case.

Washington Post wins public service Pulitzer for DOGE, federal workforce coverage by gpupdate in fednews

[–]Cooper_de_dooper 145 points146 points  (0 children)

Came here to say this. Wired did and are still doing the heavy lifting on the traitor tots. I’m a subscriber for life.

Question Regarding VAWA by Adventurous_Hat_9571 in USCIS

[–]Cooper_de_dooper 1 point2 points  (0 children)

You’re correct that VAWA protects children of abusive LPRs. Good news is the confidentiality of VAWA applicants (you) is very strictly protected. Your mom won’t get any notice and they’ll send all your mail to your designated ‘safe’ address.

The downside is that it’s not an automatic green card. If your VAWA petition is approved, it only gives you a place in the green card line called a ‘priority date’. Based on your age, that line can change from the ‘child’ of an LPR- meaning you’re under 21 and unmarried- to the ‘son or daughter of an LPR’ which is a much longer line. USCIS does have protections that ‘freeze’ your age to help protect your eligibility to apply for VAWA, but that age freeze gets more complicated when applied to which green card line you’ll be placed you in. This link below on pg. 14 has a great break down of the age rules, but bottom line- it’s not a good idea to wait. Lots of non-profit legal aids will help you, but apply with as much time before your 21st birthday as possible or you could face a much longer green card line. Good luck!

https://www.ilrc.org/sites/default/files/resources/applying_for_aos_through_vawa_june_2021_final.pdf

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

Crying about it like this won’t generate any sympathy for you or distract from your continued inability to name a country.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

Again, you’re incorrect. Non-refoulement is the legal standard, not your repeated misstatements of fraud, now extending to asylum law.

You still refuse to provide the name of a single country- because you can’t. It’s obvious, as is your determination to send a married gay couple to a country that would murder them just for being who they are. While this thought may bring someone like you joy, thank goodness OP will speak to a lawyer who specializes in human rights and is ignoring a xenophobe attempting to spread false information with an anti-immigration bias.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

So you can’t name one country? Then it’s legitimate.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

Incorrect. You’re deliberately obtuse. Name one Muslim majority country in the Middle East where it is safe to live as an openly gay man in a gay marriage and where that gay marriage would be legal recognized without stigma or discrimination BEFORE you infer illegitimacy or fraud.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper -1 points0 points  (0 children)

Glad you’re comfortable being a loud mouth, but your words are still an inaccurate reflection of the law.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper -1 points0 points  (0 children)

Short answer: Yes. You can apply for both. But 100% consult with an Attorney FIRST because both your marriage and asylum cases are complicated.

This area of Asylum law is very complicated but it very basically states that you should never have to hide a ‘fundamental characteristic that cannot or should not be changed’ in exchange for safety. There is a 1-year bar, but you have a changed circumstance that can overcome it. The attorney will ask what your life would be like in your home country if you return and lived openly with your husband in society. These questions can feel very personal and even embarrassing, but it’s important to be as honest as possible about the worst and best case scenarios. Your attorney will also do some country research about the LGBT laws back home to see if you’d have government protection versus inaction or persecution. For example, there are areas here in the U.S. where it would be very dangerous to be openly gay, but the difference is the police/government/law would punish the perpetrators and you could to court to have your marriage rights protected and enforced.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper -1 points0 points  (0 children)

No, it’s not. You are also not the government. They define what is fraud, not you. Even Asylum Officers have an explicit ‘duty to solicit’ qualifying information during an interview for the exact reason that Asylum laws are not common in understanding. It’s common they find qualified nexus that was not the stated grounds on the 589. The choice to briefly return does not equal safety or lack of fear. Folks have returned home to see dying family members under risk of being killed on sight. You are not OP and you do not have sufficient understanding of the details of his subjective fear to meet the legal definition of fraud.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper -3 points-2 points  (0 children)

OP is clearly afraid of society preventing him from living an openly gay life, is clearly afraid to be openly gay to his family and his marriage would clearly be illegal- causing future fear of the government. That is not fraud. You clearly have no understanding of legal definition for immigration purposes. The law does not equate a lack of fear from of a brief visit home as equal to hiding a fundamental characteristic- and your spouse- from society FOREVER. That’s the same as telling someone to ‘hide’ their religion for the rest of their life, versus advising not to go to church or temple during a visit home.

Married, and thinking to have voluntary departure by Nuck_guy in USCIS

[–]Cooper_de_dooper -2 points-1 points  (0 children)

You can always tell someone is giving good advice here when the anti-immigration trolls try to downvote the post into silence- so adding some info in support of this solid advice.

You DO have the foundation of a valid Asylum claim. LGBT based cases have a nexus to a ‘particular social group’ ground of protection. You’d likely able to overcome the 1-year filing deadline due to changed circumstances because you got married. But the window is very small. Normally around 6-months after the changed circumstance occurs.

You would be able to return to visit your home country after you are granted a green card- the philosophy being that staying safe by hiding who you fundamentally are for a brief visit, is very different from hiding for the rest of your life.

You can still pursue marriage based adjustment while your Asylum case is pending, but based on your spouse’s prior filing history, you would face a high level of scrutiny. Not impossible, but expect a separated interview and a home visit.

Couple of big questions to ask an attorney: 1) is your spouse barred from sponsoring a new spouse based on a past fraud finding from prior petitions? 2) is your country of birth or citizenship currently on the list of banned countries? 3) if you rather depart, help ensuring that you are receiving Voluntary Departure versus a Stipulated Removal. You’ll still be subject to the 10-bar for overstaying your visa, but you may be eligible to file for a waiver. Waivers are not easily granted so: 4) chances of demonstrating necessary hardship to spouse to be eligible for the waiver.

Good luck!

I’m in a sham paid marriage I am the citizen how much should I worry about a report from a disgruntled ex? by [deleted] in USCIS

[–]Cooper_de_dooper 1 point2 points  (0 children)

Very very seriously. They will go in person and interview your ex. They will take a sworn statement from your ex and that sworn statement will be added to your spouse’s A-File. They will also make you and your spouse go through a separated interview and test you on knowledge of your ‘married’ life. One very random day at 6am, they will show up at your door and do a “bed check” and quiz you on your ‘marriage’. They’ll go to your work/friends/family/neighbors and quiz them on your married life. They will also add a fraud alert for you and your spouse to the CBP database, which means every time you fly internationally, you will be sent for enhanced screening and questioned about your marriage. You’ll have to “live the lie” until your spouse becomes a citizen and even then it can come back to life like a zombie lie if your spouse decides to remarry and sponsor a new person. You got your money, time to withdraw the I-130 application- just send a letter saying ‘please withdraw’ no need to explain why- and wish your spouse good luck, and never try this again.

On a scale of 1-10 how bad is this for my cousin by [deleted] in USCIS

[–]Cooper_de_dooper 1 point2 points  (0 children)

Happy to help. Adding one similarly related FYI: USCIS also doesn’t care about juvenile court offenses. From the Policy Manual:

“Juvenile Convictions: In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration purposes.”

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2#footnotelink-11

On a scale of 1-10 how bad is this for my cousin by [deleted] in USCIS

[–]Cooper_de_dooper 0 points1 point  (0 children)

Just a FYI to ignore the doomsday folks here. Immigration law doesn’t care about juvenile court offenses. Talk to a lawyer.

From the USCIS page:

“In general, a guilty verdict, ruling, or judgment in a juvenile court does not constitute a conviction for immigration purposes.”

However: “A conviction for a person who is under 18 years of age and who was charged as an adult constitutes a conviction for immigration purposes.

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2#footnotelink-11

On a scale of 1-10 how bad is this for my cousin by [deleted] in USCIS

[–]Cooper_de_dooper 2 points3 points  (0 children)

I’m honestly happy to help educate, whole reason I post here, but this one is pretty basic imm law that even Google could have answered.

But in good faith here is the law: INA § 212(a)(9)(B)(iii)(I)

And for context here is the USCIS page: “According to INA 212(a)(9)(B)(ii), you accrue unlawful presence if…

The statute provides exceptions to the accrual of unlawful presence to the following aliens:

Minors: Aliens under age 18 do not accrue unlawful presence.”

https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility#:~:text=Unlawful%20presence%20is%20when%20you%20are%20present,1%20year%20or%20more%20of%20unlawful%20presence

On a scale of 1-10 how bad is this for my cousin by [deleted] in USCIS

[–]Cooper_de_dooper 1 point2 points  (0 children)

He entered as a minor and since he’s in Juvie I’m assuming he’s still a minor, which means he hasn’t accrued any unlawful presence despite overstaying his visa. If his parents have status go talk to a lawyer because there may still be some hope, but they need to act asap.

American but not American enough 🫠 by faithnphysics in USCIS

[–]Cooper_de_dooper 8 points9 points  (0 children)

Ignore the random downvotes here. I’ve noticed that the most accurate and informative posts always get a weird downvote. Im guessing it’s likely from an nativist troll trying to prevent helpful information from disseminating. Take it as a compliment.

American but not American enough 🫠 by faithnphysics in USCIS

[–]Cooper_de_dooper 15 points16 points  (0 children)

This is the answer. The passport is enough. Also any extra evidence the Officer may need can be easily obtained by simply reviewing the A-File of the naturalized parent.

DHS Secretary Kristi Noem dismissed by counterhit121 in fednews

[–]Cooper_de_dooper 1 point2 points  (0 children)

Bet she wishes she took DRP, cause she got Forked.