Our clients of the month for June 2015 are Oscar Molina and Mirian Campos. Oscar just returned from El Salvador, where he received his immigrant visa and entered the U.S. as a permanent resident after more than a decade of living without status in the U.S. Oscar is the most recent BR client to receive an immigrant visa under the I-601A Provisional Unlawful Presence Waiver program which permits individuals with approved immigrant relative petitions to seek a waiver of their “inadmissibility” (due to unlawful presence in the U.S.) prior to departing the U.S. to seek an immigrant visa at the U.S. consulate in their home country. By permitting stateside review, this program has eliminated the great uncertainty and risk in seeking a waiver, which in the past had to be sought at the consulate outside the U.S., and which, if denied, could result in a ten year bar to returning to the U.S.
Oscar had no trouble meeting the discretionary standard to obtain a waiver. Oscar came to the U.S. in 2004 hoping to join friends of his family and find work so he could continue to support his struggling family in El Salvador. In the ten years since he arrived, Oscar worked as a caretaker and handyman, met and married Mirian – a U.S. citizen, the love of his life and a long-time friend of his family – developed a close network of extended family and friends, supported his employer through the traumatic murder of her husband in their home, and supported Mirian throughout her graduate school studies in counseling and full-time work. Oscar is known to all to be hard-working, gentle, caring, kind, reliable, and responsible – no one could deny he deserves the rights and privileges of a permanent resident. Mirian completed her graduate degree in Counseling a week before Oscar returned to the U.S. as a permanent resident. We have no doubt that these two lovely people will continue to serve this country as the finest examples of caring and compassion as they begin this new chapter in their lives together.
– I got married second time in 2009
– Filed I-129F and I-130 simultaneously and included step children (both under 21 years of age)
– Approved I-129F and also I-130 approved
– Paid fees with priority date of June 09, 2009 (India)
– Paid fees for NVC case number NWD2009xxxxxx
– Got K3/K4 visas and wife plus step son and daughter entered before they were 21 years of age
– -USCIS told us to file I-485 and I-130 concurrently in USA
– Green card issued to step son and wife;
– step daughter I-485 case rejected; step child relationship took place after 18 years of age
– She was given 30 days to leave country; and she left
– Mother also filed I-130 for daughter; approved priority date in late 2011;
– Applied for Appeal and Humanitarian basis; got rejected
– She is the only child outside country; she is completing her Masters in Computer Science from Australia in November; she has no place to go; we are maintaining two residences; step son is a mentally retarded child; there is medical ground and we have all documents
– Mother is eligible for US citizenship; but we are not going thru because if ‘Follow to Join’ can happen?
– Can she file I-601 and I-212?
– Please let us know
Complicated situation. Dont think she needs an I-601 or I-212. Would be happy to discuss in a consultation. To schedule a time, please call our office at 202-644-8600.