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Christina Weber Crudden

Christina Crudden’s Answers

30 total

  • Hi I petitioned for my husband and they asked me for the affidavit of support now im not working and my uncle is the one giving

    Hi I petitioned for my husband and they asked me for the affidavit of support now im not working and my uncle is the one giving me the affidavit wich form is it that i have to fill out?

    Christina’s Answer

    You'll have to fill out your own affidavit of support (I-864), and your uncle will have to fill out his own I-864. You may also need to complete an I-864A if your uncle has other people in his household who contribute income to the household (most commonly, a spouse). The I-864A says that the household member agrees to allow the household income to be used to sponsor the intending immigrant.

    Make sure your uncle includes his most recent tax returns (the last three years are optional, but I always like to include them as well if it is at all possible), as well as a letter from his employer confirming his employment.

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  • ICE has an immigration hold on my mother in law..what can ido?

    she has been here for about twenty years. she got pulled over and arrested due to some unpaid traffic tickets. she is in county jail right now. they told us how much her bond is. but even if we bond her out she goes to immigration after that. what...

    Christina’s Answer

    Once she has served her sentence in the county jail, if immigration has a detainer (as you indicate they do), ICE officers will come to take her into immigration custody. Typically, the ICE officers will take her first to the local ICE facility, where she will be booked into the system. Then, depending on the local and national enforcement policies, she will either be transferred to immigration custody (an immigration detention facility, or a spot in a regular detention facility that has agreed to house immigrant detainees), or will be put on a supervised release program. Supervised release may have its own bond requirements, or may just have a reporting requirement. In some places, there is also the option of attaching an electronic monitoring bracelet. The goal is to ensure that the person will appear for court, since she will be placed in removal proceedings. If she is in immigration custody, the first step will be a bond hearing, where an immigration judge will determine whether she presents a flight risk or whether she should be released on bond. Typically the considerations at a bond hearing are what the person's criminal history, if any, is; what the ties to the community are (family, friends, etc. who will ensure that the person appears for court); and what type of relief is available. In most cases, a person who is only eligible for voluntary departure will not be released on bond barring very strong evidence that they do not pose a flight risk or a high bond. If your mother-in-law has been here for 20 years, she may have relief available to her in the form of cancellation of removal. This is something you will want to talk to a local immigration attorney about.

    In the time after ICE comes for her, you may find it hard to reach your mother-in-law, especially if you are in an area with multiple immigration detention facilities. You can find out where she has been taken using the detainee locator tool linked below. Good luck, and find an attorney you trust to work with in this difficult situation.

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  • How do I upgrade my petition from F2A to Immediate relative? Do I need to send a letter to USCIS with my naturalization cert.?

    I petitioned (I-130) for my husband who lives abroad in Sept. 2010 as a Green card holder. The application is stil pending in USCIS as a F2A category. Now I became a U.S. Citizen in Dec. 2010. I must need to upgrade my petition to immediate relati...

    Christina’s Answer

    Your petition should be upgraded automatically, and you should receive confirmation in the form of a new receipt notice from USCIS. Congratulations on becoming a US citizen!

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  • I divorced my wife 3 months ago and following the advice of this page im going remove the conditions of my residence on my own

    She is willing to help me providing the affidavit but we dont know how to write it without rambling,,, is there some samples we can look and get some ideas how to start it? thanks

    Christina’s Answer

    This isn't the sort of thing you would want to use a template for. Instead, what you will each want to do is provide a chronological account of your courtship, marriage, and divorce that answers the following questions:

    1. How did you meet?
    2. What was your courtship like--how long did you date, what were the qualities that attracted you to each other, etc.
    3. When did you decide to get married? Why?
    4. Describe your life together while you were married.
    5. What made you decide to separate and divorce? Did something change in your relationship?
    6. What is your relationship like now?

    There are a few things to keep in mind in this situation. First, it can sometimes look suspicious if you and your ex-wife are too friendly after the divorce. This may be unfair, but the cultural norm here is that divorced people have a certain amount of animosity, especially right after the divorce, and so a divorce that is too friendly can make officers suspicious that the marriage was a sham. If you have parted amicably, you need to make sure that the evidence supports an underlying bona fide marriage, and that the reasons for the amicable split are fully explained. This may seem personal and invasive, but it is a necessary part of the process.

    Make sure you have evidence of your assertions. The affidavit is less important than the documents that support it--joint bills, bank statements, taxes, photos, cards, affidavits from people who knew you, etc. Be prepared for an interview--in divorce cases, you are especially likely to be called in for an interview with an I-751. You'll want to bring the originals of all the documents you submit. In some places, lawyers recommend holding back some evidence in case of an interview, but this really varies by jurisdiction. An I-751 with a divorce is something you may want to at least consult with an attorney about--you may find that the fees are fairly reasonable (I'm not in your area, but to give you an example, I always structure the fees on an I-751 case to include a separate fee that is only payable if there is an interview, so the upfront cost is lower).

    Finally, whatever you decide to do, remember that you are proving the same thing you had to prove when you were interviewed the first time--that your marriage was bona fide when you entered into it. How and why it fell apart are questions you will have to answer, but do not feel as if you have to prove that the relationship lasted longer than it did, or that it was better than it was. It is always better to be honest and upfront about mistakes that were made than to try to paint the relationship as something it was not (this, of course, assumes that your relationship was bona fide--if it was not, you have much bigger problems than this post can answer!). Remember, the people reviewing your application are human beings, with the full range of human emotions. What makes them suspicious are things that ring false or seem too pat. Relationships are messy, as everyone knows, and the I-751 is your opportunity to explain exactly what happened in yours.

    Good luck.

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  • Can EAD be renewed without biometrics?

    I applied for EAD renewal last November and it has been more than 1 month and I haven't received any notice for biometrics appointment. I only received the receipt notice of my application. I already called USCIS to follow up my application and th...

    Christina’s Answer

    I have actually had EAD renewals approved without new fingerprints when the biometrics were done within a year of filing for the renewal, but if it's been more than a year since you had your last biometrics appointment, you should expect to be scheduled for an appointment shortly. And, if you don't receive your EAD within the 90 days after you file, do schedule an InfoPass appointment. In Philadelphia, where I practice, they will forward a notice via email to the service center to put your card into production if you alert them that you haven't received the card. I generally find the InfoPass officers more helpful for this type of thing than the 800 number.

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  • I

    am in the process of adjustment of status( marriage based). I came 8 years ago, I overstayed and worked with fake documents. At the interview, they told us I am inadmissible (misrepresentation), but I am not sure if that applies to me. I came lega...

    Christina’s Answer

    Any time you are told that you need to file a waiver, you need to talk to a qualified attorney. There are only a few situations where that is unequivocally true (if you're in removal proceedings; if you have an arrest; if you are being accused of marriage fraud; and perhaps a few others), and this is one of them. The I-601 looks straightforward, but it is not. It's a discretionary form of relief, and it is difficult to prepare the application without having someone who can evaluate your case from an unbiased perspective. If there is an argument to be made that you are not inadmissible (and I'm not sure that there is), it's something that an attorney in your jurisdiction would need to research and argue. Don't try to do this alone. Good luck.

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  • I am currently on an H1B visa, in status, but want to quit my job.

    I'm currently married to an American citizen, but haven't filed yet for Green Card. What is the best course of action? Quit first and then file? Or start the application, and then when's a good time to quit? Thank you!

    Christina’s Answer

    I agree with both other answers, and would just like to reiterate that, while it will not hurt a marriage-based application for adjustment of status to fall out of status (which would happen if you quit), you should always avoid periods of being out of status if at all possible, since you never know what the future will hold. Many, many people who believed that their lives were heading down one path--marriage to a US citizen, then adjustment of status, then happily ever after as a permanent resident--find themselves on another path. Maybe the marriage doesn't work out for some reason, and you want to stay in the US but are not yet a permanent resident. If you avoid periods of unlawful presence, you'll have a better chance of reestablishing yourself as an H1B, or in some other lawful status. Also, do heed the advice about your income requirements--in most places, USCIS will take the full 90 days to issue your employment authorization, and most employers will not accept proof that you have a pending adjustment of status application without the actual employment authorization document.

    Good luck to you!

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  • I entered USA legally in 1991. have not gone out of usa for almost 12 years. have a usa born 3 year old kid. No criminal history

    i am educated have B.Sc Degree and associates degree and other certificates from usa. hired an attorney to file for 245I or I245 by April/30/2001. paid attorney fee and INS fee. Attorney fail to file in due time. cases rejected by INS & Texas work...

    Christina’s Answer

    I agree with the previous answer--I hope you have filed for cancellation of removal. It is impossible to predict with any real certainty whether a cancellation case will be approved, but the major factors involve the hardship to your wife and children if you are deported. Considerations such as whether they would be able to relocate to your home country (do they speak the language, have family support there, have job skills that would transfer, etc), whether they have medical conditions that would be adequately treated in the home country (remember, it is not enough for the US citizen spouse or child to simply have a medical condition--you must also establish that the treatment available there would be of such an inferior standard that it would constitute a hardship, or that it would be impossible for the family to return with the deported alien and that the alien was the primary caregiver for the US citizen). Cancellation cases depend heavily on the judge hearing them, so it is really imperative that you talk to a local immigration lawyer who has experience with the local courts. Some judges put a big emphasis on the length of time that the person has lived in the US (especially if the person entered as a child), while others focus almost exclusively on the US citizen family. Some want to see evidence of the alien's contributions in the US, in the form of taxes, employment history, educational background, etc., while others are less interested in those things. This is one area where you do not want to represent yourself, because you only get one bite at the apple, so to speak. On appeal, your case will not have the same urgency as it does when you and your family (who will all testify on your behalf) are in front of the judge putting your own very human face on the case. On appeal, it will all be on paper, and so it is critical that you present the best possible case when you have that face time with the judge. Remember, cancellation of removal is a discretionary form of relief, and the judge's impression is the one that counts. Good luck to you--if you prepare and are committed to fighting to remain with your family, you should be able to present a strong case.

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  • I'm & live in S.America. I married an usa citizen in 2007. Because of health problems, he just receives s.security & va check.

    He´s a vet from Vietnam. He couldn´t come to my country last year because he was being treated of a mass that began to grow in one of his nipples and the cause was the pills the va psychiatrist gave him for mood without taking the time to check th...

    Christina’s Answer

    It sounds like you tried to apply for a visitor's visa (B1/B2) in order to come to see your husband for a short stay. You also mention a petition that was filed--I assume that you also filed an I-130 based on your marriage, but that you had some trouble with the affidavit of support requirements, since your husband has a fixed income.

    There are a few things you should consider. First, you are unlikely to be approved for a non-immigrant visa while you are married to a US citizen and/or have an immigrant visa petition pending. The question is your intent, and even though you say that you want to come to the US only for a brief visit to check on your husband's heath, since he cannot visit you, the consular officers will assume that you intend to come to the US to live permanently with your husband. So, the best strategy is to try to proceed with your I-130 petition. You don't mention how long it has been stopped, or what you did to stop it, but it is often possible to restart the petition without refiling it. You can find helpful information about this on the website of the US Department of State, at http://travel.state.gov/visa/immigrants/info/info_1339.html

    If you need a co-sponsor because of financial difficulties, you may want to consider friends and family in the US who might be willing to help. A qualified immigration attorney can help your co-sponsor understand what is involved, but the most important thing to understand is that the co-sponsor is not responsible for your husband, and does not have a direct financial obligation to you. Instead, the co-sponsor is the person who is obligated to repay the US government for any needs-tested public benefits (like welfare) that you receive but are not entitled to. For most people, the co-sponsor will never incur any financial obligation at all, because most agencies will not give the immigrant public benefits to which he or she is not entitled. Some people talk to their church or other community organizations to find people willing to assume the co-sponsor role--it does not have to be someone you are related to.

    If your husband is well enough to do so, he may consider talking to a legal services provider in his area. I've attached a link from the immigration court in Texas of the legal services providers there. http://www.justice.gov/eoir/probono/freelglchtTX.htm

    Good luck to you both, and I hope this answer is helpful to you.

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  • My son in law came to the US from Mex. when he was 12 yrs old, he has 3 children with my daughter. How can he change his status?

    They have been together for about 6 years and married for 2. My daughter has never worked. He has always provided for them and has no criminal record. He was brought here by is parents as a child along with his other siblings.

    Christina’s Answer

    This is a very common situation, and also a very difficult one. From the facts you provided, it sounds as if he entered without a visa, or without inspection (EWI). Unless he had a petition filed for him before April 2001 (when the last "amnesty" program ended), he may have very limited options. Typically in this situation, people are limited to either returning to their home country to apply for a visa through consular processing, which, because he has been in the US without authorization for so long, will require him to be granted a waiver, or waiting to be put into immigration removal proceedings, where, if he has 10 years of continuous residence in the United States, good moral character, and US citizen relatives (like his wife and kids), who would experience extreme hardship if he were deported, he can qualify for a special type of relief called Cancellation of Removal. Both of these options have their problems, most importantly the risk that he will be removed from the US and not allowed to return for at least 10 years. I would strongly recommend that you talk to a local immigration attorney about what the best options for your son and law and his family are. Many families find themselves in this difficult situation, and there is no easy answer. It's important that both your son-in-law and daughter meet with the attorney, and that they take some time to discuss the advice before making a decision about how to proceed. Good luck!

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