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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111459
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My nmae,. Me and my husband we been married for 2 yrs. my

Customer Question

Hi my nmae
JA: What state are you in? It matters because laws vary by location.
Customer: hi my name is ***** ***** Me and my husband we been married for 2 yrs. my husband he from Guatemala. We have passed the i130 petition. But now the immigration he said we are not ready to file i601a yet because my husband he got the 2nd dui
JA: Has anything been filed or reported?
Customer: But anyway the lawyer he asking us to get proof required for i589
JA: Anything else you want the lawyer to know before I connect you?
Customer: So I don't know anything about those proof
Submitted: 18 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about this, he has an open DUI case still?
Customer: replied 18 days ago.
He done with his 2nd Dui already but 1 more for probation left but right now his immigration lawyer not ready for him to file for i601a yet, and his lawyer want him to get proof required I589 and he has a court date next year on february
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your reply.
Unfortunately his immigration attorney is correct, since he is still on probation. If the attorney files this too soon and something happens to him while on probation, such as his probation gets revoked or he violates probation, then the whole I 601a would be denied and he would have to leave. So at this point your attorney is correct in trying to file for the asylum to prevent deportation as it is the best chance he has and if he were off probation for the DUI then the I 601a would be proper, but not until he is off probation.
Customer: replied 18 days ago.
But his lawyer need him to get proof required for i589 so I don't know how to get that information can u help me where can I get all that informations
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your reply.
Your husband should be gathering proof of that from his country, such as statements from witnesses or family about the dangers or issues he would face if he were to return. Here is a good guideline to assist in preparation and his attorney should also be telling you what the attorney wants because the attorney has to prepare the documents and submit them. See: http://www.nolo.com/legal-encyclopedia/preparing-persuasive-documents-your-asylum-application.html
Customer: replied 18 days ago.
Thx for your information but my husband say it's very difficult to get a witness for this case and he doesn't know where to get the documents. His lawyer said he need to get the information from the year in the 1980. About himself or related to his family members who seen he got hurt or abuse anywhere from the street. He from Guatemala. Can you please help me to find all those information to where or which website. I mean where can I get that information. Thank you.
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your reply.
We cannot find information like that on the internet, your husband needs to get that from his family members and other people who used to live there and they have to sign notarized affidavits attesting to the conduct that would endanger him. This is all primarily based on witness statements anyhow.
Customer: replied 18 days ago.
u mean his family members for example : his sister or brother or friends has to write a statement why he cannot to go back there to live because more danger such as crime, gangsters. ' or mafia.
Customer: replied 18 days ago.
His family members for whoever should write a letter or statement why he should not go back to live there cause more dangerous and sign their name and let someone for notarize too right?
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your reply.
Exactly, that is what they would write AND they would sign it and have it notarized, that is exactly the evidence the attorney was talking about.

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