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View Diary: Fighting for my family, haven't slept in weeks (123 comments)

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  •  Travel (4.00)
    As long as your wife is here in status, she can apply for what's referred to as "advance parole" (don't you just love that term?).  

    INS Form I-131 http://uscis.gov/...

    There's a form and a filing fee, but once it's approved she can travel on it for a year.  It'll need to be renewed every year while she's awaiting adjudication on her green card application, but this will at least help you deal with the travel issue in the meantime.

    Bloggin' with a bar of soap and my car window IMPEACH -8.75 / -6.10

    by Alegre on Thu Mar 09, 2006 at 10:23:48 AM PST

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    •  thanks for the info (none)
      but that website is hellish ! God (or whomever) help anyone whose English isn't fluent, or who doesn't have a real sense of getting around in our f'd up immigration system !

      Let's get some Democracy for America

      by murphy on Thu Mar 09, 2006 at 11:50:50 AM PST

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      •  My Feelings Exactly (4.00)
        I got us through the K-1 application process (fiance visa), and put together the stacks of paperwork and applications for hubby's adjustment packet, work authorization, travel documents... it took years and hundreds (probably now thousands) of dollars in filing fees.

        We're lucky - I'm a paralegal and did a lot of immigration work while we were going through this process - and I was able to lean on an attorney and more experienced paralegals for advice and guidance.  If we'd had to hire attorneys and rely upon them to get things filed in time, we probably wouldn't have gotten through all this and our two wonderful babies (now pre-schoolers) would never have been born.

        That's why my back goes up whenever anyone starts bitching about all the illegal immigrants in this great land.  They haven't a clue as to what couples have to go through to navigate this process and yet they choose to judge those who try to play by the rules and still get caught by the thousands of snags put in place by a beuracracy that seems to have one purpose - to stop others from joining this great melting pot.

        Bloggin' with a bar of soap and my car window IMPEACH -8.75 / -6.10

        by Alegre on Thu Mar 09, 2006 at 01:01:36 PM PST

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        •  FORGET ABOUT ADVANCE PAROLE (none)
          Sorry I mentioned it - I noticed down-thread that there's probably a flag on your wife's file so PLEASE - don't apply for advance parole.  Stay put for now.  There's no need to risk denial on re-entry at this point - you've waited too long.

          I guess things have changed since we went through this process in 1999.

          I guess a lot's changed since BushCo took over (sigh).

          Bloggin' with a bar of soap and my car window IMPEACH -8.75 / -6.10

          by Alegre on Fri Mar 10, 2006 at 06:31:42 AM PST

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      •  Please don't do this... (4.00)
        if in fact there is something flagged in your wife's profile, she could be stopped on her way back into the country, and advance parole is not a free ticket in.  

        Also be aware that the background check is under the auspices of the FBI.  An agency that DHS has absolutely no control over.

        If you've been waiting that long and are using an immigration attorney, try filing a mandamus.  This forces the case before a judge and the judge will demand action on the FBI.

      •  In my experience... (none)
             I married an immigrant, and I can say that the single most important thing an immigrant or their family can do is hire an AMERICAN immigration lawyer.

             If you fail to dot a single "I" on immigration papers, you're hosed. You may never recover from even the most minor error on an application.

             

    •  Warning on Advance Parole (none)
      I can't speak for back east, but both the San Jose and San Francisco USCIS offices stopped issuing the default 1-year advance parole on a marriage-based 485's around the time the DAH came in July 2003.  3-6 months is often the default now even if you make the case about elderly relatives, and other issues.

      Moreover, even advance parole is not a shield if there has been a prior status violation.  One has to take some care.  

      The best website I have ever found for all matters immigration that are based on marriage is the Marriage Based Visa forum at www.britishexpats.com.  Don't let the name fool you - most folks there (on the marriage site, anyhow) aren't British ;)

      My separate place for mental meanderings: Political Sapphire

      by shanikka on Thu Mar 09, 2006 at 09:18:29 PM PST

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