Can anyone help please?

[pool hustler]

IL

Hi There

I came to the United States in March of 2004 and got married in August 2004 to my sweetheart who was a us citizen (all legal i will add) After what seemed an age i finally got my Green Card, and was able to start working.

Since then, my marriage was going great. We both were working, and we bought a new home and car. We also got two dogs which we love so much. Anyway all was going great up until May of 2006 when we moved to Utah to help her mother who was really ill.

On the road trip my wife fell ill herself, and i immediately took her to the hospital. After they did what they could for her they said i should take her to a hospital in Utah. So when we arrived i did that. She was in there for the next few months, and sadly passed away on November 27 2006.

Too cut a very long story short, i was going through the grief of loosing my wife and my dreams i had made with her. I decided to head back to Illinois in April of 2007, and here i still am. I had to find a place to live for me and the doggies, and find a job, and pretty much get my life set up again, all whilst still grieving.

Anyway my Green Card expired in April of 2008, and ive only just (yesterday july 3rd 2009) filed my I 751 FORM (waiver). While getting my life set up here again i just never had the $$$ to get the forms sent at the appropriate time. Stupid of me i know, but i just never did. The mouring really did a number on me.

Does anyone think i will have issues with being deported now?. I did send them a cover letter explaining all of this, and the evidence they require (death certificate etc etc), and im hoping they will be sympathetic when they recieve it.

If anyone has any comments or suggestions regards this whole mess it would be very much appreciared because im tearing my hair out worrying. I have a new life setup now, and i would hate to of gone through what ive gone through for nothing.

Thanks in advance.

Keith

[candg918]

I'm sorry for your loss.

Don't worry. Your permanent residency does not "expire".

If funds are still a big issue, then see the legal clinic at your nearby law school or at Catholic Charities. There are many organizations around the country that provide free or low cost immigration related legal services; these are just the easiest to locate.

Many attorneys give consulatations for free or at a resonable cost. Be sure any you speak with belong to the AILA organization. Their website will be of interest to you.

Good luck. Post back when everything is settled.

[pool hustler]

Originally Posted by candg918

I'm sorry for your loss.

Don't worry. Your permanent residency does not "expire".

If funds are still a big issue, then see the legal clinic at your nearby law school or at Catholic Charities. There are many organizations around the country that provide free or low cost immigration related legal services; these are just the easiest to locate.

Many attorneys give consulatations for free or at a resonable cost. Be sure any you speak with belong to the AILA organization. Their website will be of interest to you.

Good luck. Post back when everything is settled.

Thank You candg918

No, funds are not the issue now. Hence me sending off the $545 for the I 751 filing and the biometrics. The issue i have is the length of time it took (18 months) for me to file the forms, due to what ive been through.

Now my life is back in order i have some spare $$$'s to do that which i did yesterday, but at the time i should of filed them i never did. I do wonder if its all been in vein, and they will just deport me because of the length it took to file?. Surely they can understand certain situations and excuse this?.

Edit: I should add that im filing the I 751 to remove the conditions on my green card. Actually im filing to waive the joint petition due to my wife dying. I think thats what i need to do?. Im not sure if conditional is the same as a permanent resident.?

Thanks again.

Keith

[candg918]

Lana, the resident immigration attorney, has not been here is a while. You can keep bumping your post up in hopes that she sees it.

Please see an attorney for a consultation given that it was a conditional green card (I did not understand that from your original posting). The cost to review all of the specifics of your situation is well worth it. The consequences are too great if you do something wrong or fail to take advantage of rulings that could benefit you.

[kami7780]

I am too am sorry to hear about your loss. I am an American citizen, married to an illegal, that was 10 when he entered on a travel visa. At 16 his father actually went to the US Gov't for help to become legal. Instead the gov't basically forced them to sign docs agreeing they would leave. The US allowed them to live there for 12 more years with no laws that would ever allow them to become legal. Now we are both living in Colombia - not very well, but we are. Honestly I think the US can find several ways to deport anyone they want. i don't trust many lawyers, i don't trust much of congress, and I don't trust the US embassy here. I understand if we had fled to Canada it is possible to have a refugee claim. I wish I could help you, but all I can say is this has taught me being honest does not help in any way. If something seems off - RUN. The US doesn't care about their own citizens , so unless you can bribe the right person with at least $20k or engage in sexual activites, you don't stand a chance. But this is only my experience, I understand FL is far more corrupt than IL. good luck

[pool hustler]

I guess it sounds as though im hoping they have a sense of compassion, and that they forgive my late filing. All i can be is honest, and if thats not good enough then atleast i can sleep at night. Yes i should of filed the forms way earlier, but i had a lot going on in life, what with the death of my wife (and dreams) and its only now that life has settled down that im financially able to get this taken care of. Like i said hopefully someone has some compassion for my situation.

Keith

[evcalyptos]

Originally Posted by pool hustler

I guess it sounds as though im hoping they have a sense of compassion, and that they forgive my late filing. All i can be is honest, and if thats not good enough then atleast i can sleep at night. Yes i should of filed the forms way earlier, but i had a lot going on in life, what with the death of my wife (and dreams) and its only now that life has settled down that im financially able to get this taken care of. Like i said hopefully someone has some compassion for my situation.

Keith

Keith, my condolences for your loss. I'm sure the I-751 was the last thing on your mind.

There is definitely a compassionate clause in the I-751 law that allows them to accept a late filing like yours. Now, yours is later than most, but you have a good reason and good evidence. Hopefully you sent in a shedload of it.

Right now, there is nothing you can do to influence the outcome, so spend your time on productive activity. Learn about I-751 and the various waiver provisions and make contact with a couple of attorneys in case you need one later on. It's going to take anywhere from 3-18 months for them to decide your I-751 case and the most important thing for you will be to respond immediately to whatever communication they send you (IE if they request more evidence etc).
You'll have a biometrics (fingerprinting) appointment scheduled shortly; you can go into the office on a walk in basis once you get your appointment letter. You want to do everything you can to keep your case active and moving along.

Other than that, there is nothing to do but wait at this point. Good luck to you, and don't hesitate to get a lawyer on the case if you get a denial, interview request or anything other than a 'card production ordered' letter from USCIS.

Oh, you should get a letter of receipt that will extend your status; however, I'm not sure exactly what you will want for proof of status. The letter extends your PR status for a years while they work on your I-751.

[pool hustler]

Originally Posted by evcalyptos

Keith, my condolences for your loss. I'm sure the I-751 was the last thing on your mind.

There is definitely a compassionate clause in the I-751 law that allows them to accept a late filing like yours. Now, yours is later than most, but you have a good reason and good evidence. Hopefully you sent in a shedload of it.

Right now, there is nothing you can do to influence the outcome, so spend your time on productive activity. Learn about I-751 and the various waiver provisions and make contact with a couple of attorneys in case you need one later on. It's going to take anywhere from 3-18 months for them to decide your I-751 case and the most important thing for you will be to respond immediately to whatever communication they send you (IE if they request more evidence etc).
You'll have a biometrics (fingerprinting) appointment scheduled shortly; you can go into the office on a walk in basis once you get your appointment letter. You want to do everything you can to keep your case active and moving along.

Other than that, there is nothing to do but wait at this point. Good luck to you, and don't hesitate to get a lawyer on the case if you get a denial, interview request or anything other than a 'card production ordered' letter from USCIS.

Oh, you should get a letter of receipt that will extend your status; however, I'm not sure exactly what you will want for proof of status. The letter extends your PR status for a years while they work on your I-751.

Thank You evcalyptos

That sounds like good advice. I was hoping to avoid the added cost of a lawyer with this, but i guess if i get denied i may have to go that route. Waiting sucks, but im used to that i suppose. I remember how long the wait was for the green card to arrive, and im guessing this will go the same way. All i can do is keep my fingers and toes and well....everthing else crossed and see what comes of it.

Thank you very much again Evcalyptos.

Keith

[pool hustler]

Hey Guys n Gals

Ive noticed that the check i sent in with the I751 forms has been processed (cashed), so i wondered what does this mean?.

Does it mean ive been processed and accepted?, or does it just mean they have took the money, and can still deport me if they see fit, due to the length it took for me to file the forms?.

Please read my original post if you need/want to know what im on about.

Thanks as always.

Keith

[Dogmatique]

Originally Posted by pool hustler

Hey Guys n Gals

Ive noticed that the check i sent in with the I751 forms has been processed (cashed), so i wondered what does this mean?.

Does it mean ive been processed and accepted?, or does it just mean they have took the money, and can still deport me if they see fit, due to the length it took for me to file the forms?.

Please read my original post if you need/want to know what im on about.

Thanks as always.

Keith

Unfortunately, cashing the check simply means your application is being processed. It's not a promise of approval (but nor is it a threat of deportation either).

I'm also sorry for your loss and though nobody here can guarantee or promise a specific result, it would surprise me if your application - assuming everything is in order - was denied.

On a more personal note, there is quite an amazing bereavement support group aimed specifically at younger widows, where a perhaps surprising number of members are immigrants. Please drop me a note if you'd like details - it's non-denominational and speaking from a deeply heartfelt level it was literally a sanity saver when I became a young widow (even though I do note you're somewhat further down the path than when I found the place). Your perfectly free not to do so, either - just know the offer is there if you're interested

[pool hustler]

Originally Posted by Dogmatique

Unfortunately, cashing the check simply means your application is being processed. It's not a promise of approval (but nor is it a threat of deportation either).

I'm also sorry for your loss and though nobody here can guarantee or promise a specific result, it would surprise me if your application - assuming everything is in order - was denied.

On a more personal note, there is quite an amazing bereavement support group aimed specifically at younger widows, where a perhaps surprising number of members are immigrants. Please drop me a note if you'd like details - it's non-denominational and speaking from a deeply heartfelt level it was literally a sanity saver when I became a young widow (even though I do note you're somewhat further down the path than when I found the place). Your perfectly free not to do so, either - just know the offer is there if you're interested

Thank You for the kind words Dogmatique. Maybe i will take you up on the offer oneday.

Ive recently received the one year extension, which i guess is a step in the right direction. It said i will get another letter with a date and time i need to go get the biometrics done, but nothing about the interview itself. Maybe that comes further down the road, if at all?. I feel its all moving along, so as always with this kind of thing, its just a matter of waiting until you hear more.

Thank you again.

Keith

[pool hustler]

Well today i received my appointment for the biometrics. Its next week which means i need to take a day off of work yay

After that is done do i just wait for the interview notice to arrive?. Thats assuming i need an interview, as i read someplace that they sometimes dont request an interview, if it all seems straightforward. Does this sound correct to anyone?.

Thank You.

Keith