Entry under the U visa status
Last activity 04 November 2016 by Nebraska Girl
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I wish to move to my home in Arizona.
currently on a b1/b2
Sadly I was on the receiving end of a serious felony.
I would like to apply for my U visa status and have left the supplement B with head of the Maricopa District Attorneys office.
I understand that without this being signed I cant actually apply for the U visa.
the attorneys office, local judge and county sheriffs department seem nervous about signing the paper.
having read the documents supplied by me from homeland security. I fit within the categories and status. but yet the options of people prepared to certify that I was a victim is dwindling.
why wont they sign. they are not committed to any legal problems.
and the final decision is up to immigration.
the crime happened. I have given information to the authorities. I am still helping bringing the guy to justice.
its nerve racking
It might just be a matter of bad timing. Politics really.....Right now with the presidential and congressional election being so close, things are a bit severe on the immigration front. Immigration office people, and others who must approve red flagged files are not necessarily elected to their position, but the people who they answer to and set those policies are elected. How the election flows can and will change how immigration functions. Depending on who wins the election the whole immigration service will be under significant restructuring. Who wins will either expand the possibilities for applicants or more severely restrict them. The guy who has go sign off on your file doesn't want the decision he/she makes now to reflect on his future employment. So let me simply explain what I mean, from my own experiences with working for a government office, (not immigration-but similarly functioning) I know that anyone who wishes to obtain a higher ranking job must be a good minion to the elected officials they serve under.
As you don't have a perfect looking application, it may be that the person who needs to sign the paperwork is reluctant purely because this election measures how long they will be allowed to do their job. If they continue to have a job maybe depending on what kind of cases they have let pass through their office in the past.
Of course no one currently working in government will ever admit openly that they intentionally held up paperwork because of pending political elections, but it is reality. So simply put, don't worry about it, until after the election in November. It is really just a few weeks to wait.
papers ate now signed... thanks for the info
I submitted as new post
That is great news for you.
I wish you a smooth processing from here.
please, repost when you receive a final decision to your application.
It gives me a ray of hope for an eventual good out come to my husband's somewhat different, yet sadly slightly similar immigration situation. I am a Middle aged American citizen married to a Moroccan man since 2011. Much of that time we were happy to be in Morocco together. Then my father died, and my mother need my help. Suddenly Morocco was far less attractive than going home. we opted to move. We expected to get an IR1 VISA.
But it hasn't been as easy as we expected. In fact, I had to take my elderly widowed (only English speaking) American mother from her comfortable home in the Tucson foothills to live in my crampt Marrakech apartment (in the third world) with my husband and me. So, here I am with my family stuck in exile in this North African country for God only knows how long.....nearly 2 years in hell now....no end in sight.
Unfortunately our situation was involving the production of my husband's criminal record report by the Moroccan police. American Homeland Security Administration at the American Consulate discovered the Moroccan error during the final stages of proccessing of my husband's application. As you can see, it is different than your situation as most importantly we are not in America.
I know it is because of a Moroccan internal bureaucratic paperwork error, but the way HSA handled it makes it a huge problem. We really had no idea we had a problem with his paperwork until the final interview. Instead of being handing my husband's VISA, we found an over zealous HSA agent rudely declairing all my husband's Moroccan documents to be suspicious. Of course that means he is inelegable for a VISA until we fix the error and can then apply for a waiver. IF that had been all this obnoxious agent had done, we would have been fine. it wasn't. We actually found the Moroccan police waiting for us outside the American Consulate after my husband's interview. We are ordinary middle-aged professional people. But to our flabergas, my husband was arrested over this stupid paperwork error. Of course they weren't going to arrest me because I was American and they could see the charge was pretty flimsy. My husband was later released (after a weekend in jail) because the court reviewed the papers and saw nothing wrong witn the documents we submitted. But we were prevented from reobtaining one document. Ironically, it is because we have a pending case (this case) in court that we cannot get it.
But this one document is the issue that started our living hell.
The documents that the Americans handed over to the Moroccan authority as evidence had one document that couldn't be determined. The original we sent in to the NVC went missing, all the consulate had was a poor quality photo copy. It was infact a copy of the Moroccan police record we sent. But the original was either lost or destroyed during the processing of our file by the American government. They deny they still have it, but in the packet of papers that were returned to me was a high quality scan someone put in the file inplace of the original we sent, so I know they had it at one time. The Moroccan court couldn't accept a photocopy as evidence, but because the complaintant in the case was tha American Consulate, they felt they couldn't simply render a verdict to dismiss the charge it either.
Here come the big issue. Apparently, the Moroccan police normally keep dupicates of originals of tbe documents they produce. You would think that good, but not if the person in that office is incompetent and is being kept in his possition out of what I assume is eitger coruption or favoritism. Hell, I don't know, but now no one seems to knoe who actually messed this up. we are told the clerks all disavow involvement.
During the arraignment of my husband the police were unable to produce their duplicate matching the document. From the accounting office they could see my husband had paid the fee for the document(actually paid twice), but they couldn't find the right file with his duplicates. Had the police been able to produce the duplicate, the case would have been over. But, because in the Marrakech office where my husband had gotten the Moroccan document, they were still procucing some documents by hand instead of using the newer automated system, things were a mess. Casablanca used the new system to verify the record for the Americans, this would have worked to end the case, but the language didn't match exactly, so the court asked the Casablanca police to get the Marrakech official duplicate. It was then discovered there was some "filing system error" in that office, and several duplicates of documents were lost too. The prosecution fully recognised they were going to have to conduct an internal investigation of the Marrakech office, but the Casablanca Police have been reluctant to investigate one of their own at the Marrakech police department. The case is caught in this never ending cycle of "continuance" requests for further investigation. We can't allpy for a waiver untill a verdict is rendered by the Moroccan court. in 3 years the case will fail to an administrative "death" on the docket of the Morocco court without a ruling. Although no ruling means the charge is dropped and good for my husband while we are stuck in Morocco, it may be crippling to us ever getting a waiver for his American VISA as Homeland Security is not held accountable to the regular American courts in regards to immigration case investigations so the charge of fraud may still stand with them even if Morocco drops the case.
We were actually packing our bags getting ready to go home to Arizona when it happened. Luckily we hadn't book our flight yet.
I would love to be allowed to someday return home to the USA. As time moves on, it looks less and less likely. With all the lawyers here and there, eventually we will run out of money, and then our going home as a family will forever just be out of our reach .
One thing is certian, the USCIS cares nothing about what we suffer.
That is an awesome story.. which I wish to read properly and respond.
and I will.
just to say quickly Im a Brit who lived from 2003 to 2016 in southern Spain.
I am a Pro photographer that took me into Tangiers and down to Rabat a few times.. To me, even though im a worldwide seasoned traveller, I felt uncomfortable in Morocco giving my passport to a real port official so that he could run ahead of the traffic to clear my visa for 25 bucks.
And he was an official immigration guy!!! So to his disapproval i refused and waited in the Q
A poor, but certainly not third world place. That actually is quite wealthy if you can get away with it.
But the corruption is dreadful. simply.
So Sorry to hear your tale. But I can imagine, I seriously can.
ill read and digest and respond when I can
Thanks
I like Morocco, but I am sorry, but after 6 years in Morocco I cannot agree about it not being a 3rd world country. Morocco is nice peaceful place of traditional charm. Tourist love it. Of course there are worse places. it is not as bad a war torn bombed out famine filled wastelands of the 4th world (a new classification)...... Syria, Palestine, Libya.... People can still look good on the street each day in their neighborhood and yet go home to a crowded 4 generation family in 2 room apartment to eat a single daily meal of stale bread and beans by candle light.
Morocco there is a stark contrast between the few wealthy and everyone else. Those who do work support multi generational families for less than $400 a month. There is a huge problem of abandonded children, homeless elderly, and a seriously underemployment of educated men aged 20 to 35 and flat out devisating rate of unemployment for all women not in prostitution.
I live in Marrakesh which is a mostly about poor mountian villagers stuggling at farming and coming to the city to work for the tourists trade or fueling the booming abuses of the prostitution. I have only spend a few days in Tanger. But when I was there, Tanger seems to me to be much more of an offset of European culture than the rest of Morocco. What wealth you think you saw in that city maybe a result of all the foreigners coming to live cheaply or the trickle down income from the huge hashish production for European drug smuggling. Rabat is a place of wealthly Government, so it is rather elegant if you can pay your bribes to afford to live there. I found Casablanca to be a disgusting dirty city and an oppressive place of an exploited labor force. But most real povety is hidden in the rural areas.
Everyone in Morocco knows someone whose whole family is directly surviving because one of their relatives is outside of Morocco working. It is clearly 3rd world.
UPDATE
it amazes me actually that a agent in immigration couldn't answer my questions. which I'm told by one source is ok.
IM HERE B1/B2
WIFE AND CHILD VWP. esta.
I cant leave the usa during the application period which is upto 2 years waiting.
what happens when our visas expire?
I heard the U visa is ok to apply for from a Esta? one of the rare instances?
is this true?
It doesn't suprise me that interviewer couldn't answer you. But, your question is serious and it really sounds like you need to consult an immigration lawyer. You don't want to accidentally act in error because you didn't get the most accurate answer from a total stranger. You certainly don't want to over stay your visa, but nor do you want to leave if leaving will nullify your application. Inkw it is expensive, but I strongly suggest you contact a lawer. There is a good office in Tucson with a lawyer named Tarik Sultan. My mother's estate lawyer suggested this office to me once when we were hoping for a better solution for my husband. This lawyer's practice is supposed to be known as the best immigration lawyer in Arizona.
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