Khalid and I have made a critical decision. We have decided to file the adjustment of status papers, and the excludibility waiver that should negate his inadmissible status. It has cost us over 1,500 dollars to file all these papers, but it may be our best--and last chance.
Despite the fact that we have gotten some contradictory information about Khalid's ability to file the waivers we are acting on our gut instinct. We have reason to believe that this might actually work. Perhaps, at a later time I will discuss the conclusions that we have come to that have prodded us to act. For now, lets just say that some of the pieces of this perplexing immigration puzzle have finally come into place.
Technically, and legally speaking he should be able to adjust his status with the filing of the excludibility waiver. Basically, this waiver states that he can adjust his status because it has been 15 years since his conviction for reckless endangerment. He has shown himself to be a good and moral individual and has lead an exemplary life since 1993.
I also have a compelling hardship waiver that uses medical, financial and personal statements that prove I would have profound hardships should my husband be deported from the United States.
Additionally, we possess an approved I-130 VISA petition which states that our marriage is bona-fide and allows Khalid back into the country should he be compelled to leave. This is important because we have been told this is one of the hardest documents to procure.
Today we received a notice from Homeland Security notifying Khalid of a Biometric appointment in Syracuse on August 27th at 8:00 AM. Biometrics sounds like a new aerobic routine but it is actually an appointment whereby Khalid's fingerprints and other vital statistics are documented. We may even be interviewed. This is a necessary step in the adjustment of status process.
After the appointment we may be left waiting for 6-7 months until they make a determination. Until that time we will be on pins and needles. It is entirely possible that they will deny the petition and waivers. In that case, we would be forced to reapply when-- and if-- Khalid is actually deported. Yes, that would mean the U.S. government would get an additional 1,500 dollars of our hard-earned money. Gotta love the capitalistic spirit!
The filing of the papers should stop any attempts at deporting my husband. I say "should" because we are dealing with the government, and basically, if they get it in their heads to do something--they find a way.
Because Khalid has an American wife, it should afford him some protections that other deportees do not enjoy. He has noticed some significant changes in how Homeland Security has treated him since being married to me.
But, in the mercurial winds of the U.S. immigration judicial system there is no way of knowing if any of this will do any good. During the entire duration of this precarious immigration situation it feels like we are tip-toeing through a minefield. We never know what small steps we take will result in explosions and detriment and what large leaps might lead to safety and freedom.
We are taking a gigantic leap of faith. What we need more than anything are prayers and good wishes...so please...add us to your prayers this week. Thank you!
This blog is about the love story between my husband and I. Despite the precariousness and difficulties associated with being married to an Indian/Muslim immigrant who has been deemed deportable by the U.S immigration judical system I have never faltered in my love for my husband nor my belief in his integrity and moral character. All we want is the ability to stay together and have a chance at a normal life.
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