I-130 Approved But Now Have An NTA To Decide I-485 Options

Q: I wanted to give an update on the progress that has been made on my case since my original posting: http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&selm=8d81bf10.0302... - March: I-130 was approved by the INS Dallas District Office - April: I got my EAD renewed - June: I had my master hearing with Judge D. Anthony Rogers. The out come of the hearing was that I needed to file a I-601 Waiver along with a new I-485. In three weeks I have an individual hearing in Judge Rogers court. My attorney has advised me that we will try to clasify my BMV offense as a petty offence. There is a BIA decision which will help: Perez, 22 I&N Dec. 1325 (BIA 2000) June 6, 2000. My wife will testify for me to help prove that she will experience extereme hardship. Here are some of the points which we will stress. I would like your feedback on them or just general suggestions / experiences. It would cause extreme financial, emotional and psychological hardship on me and my newborn daughter as the following reasons demonstrate: - My husband is the primary provider for our family. - I could not pay for food, day care for our newborn daughter, mortgage, car loans and related insurances. - I would have to default on all loans resulting in the loss of our house and car further inhibiting my ability to work and take care of our newborn daughter. - I and our newborn daughter would have no option but to resort to the welfare system for support. - Loss of medical, visual, and dental insurance for me and our newborn daughter provided through My husband's employment. - I would be forced to live as a single-parent and face the pressures and burdens of raising a newborn child alone, while My husband is willing and able to provide and care for my family. - My husband would not be able to earn enough income in Pakistan, due to the lack of earning potential and outrageous exchange rate (50:1), to send even the minimum amount of child support otherwise mandated by law. - My husband has strong family ties in America and has no immediate family anywhere else. I and our newborn daughter would face extreme hardships above and beyond normal as demonstrated by the following reasons if we went with My husband to Pakistan and therefore do not have a choice to accompany him: - I do not speak Urdu and would not be able to communicate my most basic needs with the local doctors, police or clergy. - I would face hardship adjusting to Pakistan's culture, climate, and lack of employment opportunities available therein. - I and our newborn daughter are Christians and cannot worship safely and freely o Church bombings in 3/17/2002 forced State Department Travel Warning to all Americans - I and our daughter could not have a safe daily life (hostile towards Americans). - Per US State Department's current and active Travel Warning (8/12/02) o Americans who reside in or visit Pakistan should exercise maximum caution and take prudent measures. They should avoid crowds, demonstrations, and areas where Americans generally congregate. o American citizens should also be aware that there are many areas of Pakistan which are restricted by the Government of Pakistan and require non-Pakistanis to obtain official permission before they may travel to them…Travelers need to determine beforehand whether the areas they intend to visit have any Pakistan government restrictions on them. If so, then the appropriate authorities must be contacted and approval obtained before travel is undertaken. - I and my family are likely to be persecuted for an inter-faith inter-racial marriage as the lack of tolerance prevails in Pakistani social and political systems. - Our newborn daughter would be forced to be raised in a culture and society that is foreign to me. - Immediate family would virtually never be able to visit us and My husband would never be able to visit them in America. - Eventually, our daughter could face backlash from teachers, classmates, other parents, etc. based on parent's ethnic origins and religious beliefs.

A: I wish I had known the information about Judge Rogers a year ago when my husband was in his courtroom that I do now. If you're interested about the type of person he is you can search the net for a copy

of the article: I completely understand each of the items you listed as those are the same arguments we had intended on using in my husband's asylum case (he's a Pakistani national and had never lived there too). Unfortunately for us he told us from the first time we stepped foot in his courtroom that he would give us a frivolous finding if we pursued the claim, so we chose voluntary departure and are now trying to get him back in to the US. What you are stating is a fact as those are the issues we are dealing with on a daily basis. I hope you are given the opportunity to state your case, and I pray that he has a little compassion that day and it goes in your favor.