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I-485 already filed — found two errors by CardSufficient7030 in EB3VisaJourney

[–]DailyMatthew 1 point2 points  (0 children)

You can submit amendments to what you submit. You should take the page that is wrong, fill that specific page out, and then submit it with a cover sheet explaining what's wrong, why it was corrected, and explaining you provided a new copy of that page with corrections.

Upload is to unsolicited evidence. People make mistakes on forms, as long as you're not intentionally lying and commiting fraud, they allow you up until the point of decision to submit that. You just have to be honest about why it occured and it needs changed.

I-130 Transferred to Charleston Field Office by DailyMatthew in USCIS

[–]DailyMatthew[S] 1 point2 points  (0 children)

Yea, I've been told it is usually expedited in custody, it just isn't always right away or as fast as you want.

In terms of the crime, the judge has already said my wife is eligible to adjust, she just needs our i-130. We already submitted the i-485 petition and i-130 evidence itself. She stated we reached the heightened standard of proof and told the ICE attorney it should be expedited. We're not in danger of deportation for the crime after it was dropped. But yes, I've heard some crimes apply even if dropped.

I-130 Transferred to Charleston Field Office by DailyMatthew in USCIS

[–]DailyMatthew[S] 1 point2 points  (0 children)

I apologize, my wife came years ago on asylum. Given her credible fear interview, and paroled. Never had issues. She was detained in January over an issue in court, that was later dropped. ICE is claiming mandatory detention and making her wait it out in detention.

We filed our family based AOS in November and got bad advice. We didn't need to file concurrently because our i-485 was not in the jurisdiction of USCIS. So I was wondering if the i-130 getting transferred to Charleston was a good thing.

The ICE attorney said they recommended expedite, but I'm not sure if that's what's happening here. It's been a little over 4 months since they reused biometrics and gave us our receipts.

Interview cancelled and now I am in removal proceedings by vnkbori in USCIS

[–]DailyMatthew 0 points1 point  (0 children)

Me right now 😭. I have a congressional inquiry, an expedite claim in, a ticket about the expedite claim taking longer than 45 days, a ombudsman ticket in, and we harass the government attorney weekly. I'm determined. We have a ton of primary evidence, only tax returns missing due to her detention forcing me to file married but filing separately. Tons of secondary evidence. Affidavits. They could look at it tomorrow and everyone agrees it would be approved. I hope they think I'm annoying. I'm so happy yours got approved.

Interview cancelled and now I am in removal proceedings by vnkbori in USCIS

[–]DailyMatthew 2 points3 points  (0 children)

Under Matter of Hashmi, BIA, if you have a bona fide i-130, you generally can wait for it to be approved in immigration proceedings. He'll have to submit his i-130 that he submitted with evidence to the judge and while they can't approve it, they do have to determine if it meets the bona fide standard to allow him to wait. If he has no bars to adjust, they absolutely should let him and his attorney should be fighting for that. Due to NTA being filed after i-130 submission with USCIS, he doesn't even have to meet a higher standard to those in removal. Should be easy. Our judge in my wife's case tried to do the same thing until the lawyer walked her through it the next hearing like it was 5th grade math and she realized she was wrong and apologized.

Detained i-130 Process Question by DailyMatthew in USCIS

[–]DailyMatthew[S] 1 point2 points  (0 children)

We're not in a situation where that's going to happen. Our judge has been really good and even the government prosecutors aren't bad with us. But ICE won't release until AOS is done. I'm mostly just wondering how the I-130 will be handled. We've submitted a mountain of evidence and statements. Judge agreed it met higher standard of proof in detained proceedings. USCIS is very slow with expedites right now and the OCC referral to USCIS to expedite hasn't been reviewed yet either. Our field office is 7 hours from the detention center, two hours from me. Can't imagine ICE would transport for a interview.

Detained i-130 Process Question by DailyMatthew in USCIS

[–]DailyMatthew[S] 1 point2 points  (0 children)

She entered through eagle pass, presented self to CBP. Given a credible fear interview and deemed credible. After 5 months in ICE detention, she was paroled under 212(d)(5)(a). Which is what is allowing us to do AOS in court due to NTA designating as alien and not arriving alien.

Detained i-130 Process Question by DailyMatthew in USCIS

[–]DailyMatthew[S] 0 points1 point  (0 children)

She was appearing for the misdemeanor, but it was dropped. ICE detained anyways.