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When Will I Receive My Prima Facie Determination? | Free Immigration Law Advice (10/27/2020) - YouTube
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Getting Let's go.
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Gustavo in Los Angeles,
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California, Gustavo.
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Hello, Brad, how you doing?
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How are you? Good, good. This
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time I'm calling you. But to
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bring some good news, finally,
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and also ask a question. So
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after two years and seven
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lumps, two Stokes interviews,
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two home visits, deliver not
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to home visit. Wow. Yeah.
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We believed it was a real
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marriage after all on that
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off.
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Yeah.
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Congratulations.
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Yeah. So it's not 100% because
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I just got, I only got my one
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study approved after the
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interview one day after the
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interview. And now it's been
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four days after the interview,
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and my i 145, it's still
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family. And I wonder why?
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I don't know either. You got
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to give him at least 120 days,
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after 120 days in two years.
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And you're I fought from the
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approval of the I 130. And the
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I 45. is not you don't have
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the green card in your hand,
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you call me will file a
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mandamus.
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I said, but if for example,
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what? Because I have no
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criminal records? I have a
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good affidavit of support. And
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I have medicals, that my
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medicals are current. So is
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that any? Is it normal? I
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mean, to get the what I was
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already approved to certain
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day and then 45 One week
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later,
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yeah. Or two weeks later, a
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month later? Absolutely.
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Okay, but
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it's not. So it's normal.
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That's why I said give it 120
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days, after 120 days, it's not
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normal. why they do it that
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way? Why they don't just send
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the approvals together. You
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know, the emoji guy like this
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goes like this. I don't know.
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It's the way they do it.
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Alright, but I appreciate so
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much your work. I got
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consultations with you, Brad,
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you helped me a lot. Great.
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You know, great. Appreciate
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your call. Thank you very
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much. Okay.
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All right. Let's go to sin,
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Jaya in Los Angeles and giant.
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Hello.
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Oh, good. Good, good. What's
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going on?
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I just wanted to talk about
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what y'all think of, you know,
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the detention centers, and you
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know, how there's, you know,
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basically creating cages for
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the kids to stay in. And, you
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know, I just want to know what
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y'all think about this? I
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know, it's terrible. Have you
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heard out that the Minutemen
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and you know, some of the ice
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they're actually using weapons
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that contain blue khaki, and
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they're shooting them at these
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people on the border, and
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they're actually just coding
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them all? And it's just like,
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I'm not sure what that is
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that? I don't know. I do know.
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I do know that. They families,
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based on a agreement with the
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government back from the
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1990s, all the way through
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Donald Trump, were not
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supposed to be in detention
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for more than 20 days. And as
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long as they didn't pose a
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threat they were supposed to
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be released waiting on their
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hearings. This is the first
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time ever that people are
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forced to stay on the other
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side of the border. It's
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against international treaties
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and human rights conventions
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to not allow somebody into
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your country to apply for
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refugee status. It's just
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completely inhumane. We can
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talk about it for hours. I'm
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in agreement with you and I
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hope Joe Biden wins.
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You know what?
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Biden built the cages.
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Well, Joe, I don't know about
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that. But he certainly is. Oh,
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Joe Biden.
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He's gonna he's
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gonna do you see what's the
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laptop? It's sick?
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Because we don't know whether
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Hunter's laptop.
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Let's go to a piano in Austin,
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Texas, Aparna.
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Hello. Hi, how are you? Good.
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How are you better? What's
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going on? So I have a I'm
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calling from my dad. And I
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mean, you're a US citizen.
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Right? And I have files. I
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want 32. My dad's because his
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lawyer was just too much drama
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and it's already for two
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months. That's after my
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citizenship. And I just have
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to say I just went ahead and
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got death. So he's I 30 is
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pending. So he filed for
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asylum, and he got rejected
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and issued proceeding of
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removal. And then he appealed
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that to board of director or
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something and then that got
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rejected the appeal Gods is
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that what what
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was 130?
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No, no, no, he's that's a
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separate case. That is right.
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What case asylum
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asylum case. Okay.
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So he filed for asylum and
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that got rejected. Uh huh. And
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he was issued for speeding up
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removal. Right. Yeah. And then
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he appealed to be on a board
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of director. And that appeal
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was rejected.
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He got denied by the
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immigration judge and appealed
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the immigration judge's
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decision to the Board of
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Immigration Appeals.
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Yeah. And then he did the boat
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appeal to sort of the, to the
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circuit court. Yeah, that got
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rejected. And then what
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is nice,
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what is the question that you
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have? So Mike, my question is,
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and he's in GPS right now from
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Nepal. So GPS right now. And
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the GPS going to end on
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January toward the apply
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for withholding of removal.
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Why was his asylum denied?
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I don't know that. I don't
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know
either. Okay. So this is what
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this is what needs to happen.
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Okay. I can't solve his
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problem. We don't know
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anything about his case. on
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this show. I can solve his
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problem problem privately. I
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would need to look at all of
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his records, look at all the
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entire record of appeal, and
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then figure out what the next
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step is. I don't I don't know
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right now. So hold on one sec.
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Okay. All right. Let's go to
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Omar in zionsville, North
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Carolina, Omar.
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Hey, bird, how are you doing?
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Good. How are you?
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I'm here. I'm here. Good. I'm
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here too. So I can you hear
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me? I do. Can you hear me? I
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do. Okay, so yeah. I have a
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question here because I filed
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a VAWA case back in August
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2018. March on to know,
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October 2020. The only thing
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I've received to date is a pre
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nos fashion facia
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determination. And I've
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assumed that maybe about two
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weeks ago, so I'm asking if
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you know what is happening.
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I don't know what's happening
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with your particular case. But
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I can tell you generally what
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happens when they look at your
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VAWA case and you get a prima
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facia determination, what
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they've said is on its face,
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without delving deep into your
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case, on its face, it appears
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that you're an abused spouse.
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And because on its face, you
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appear to be an abuse spouse,
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it's like, they take a quick
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look at and they say, yeah,
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you look like an abused
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spouse, we're going to allow
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you to apply for government
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benefits. It's a good thing.
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Because if they look through
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your case quickly, and they
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say, you don't see anything
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here, then and you don't get a
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prime aphasia, that means
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you're looking at certainly an
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RFP, and perhaps a denial. So
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it's a good positive
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development when you get a
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prime aphasia. Why did it take
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so long to get? I don't know,
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vossloh cases are taking over
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two years right now,
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unfortunately.
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So another thing that I
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wanted, because my, my
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priority date would have been
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August 2018. But no one I look
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online there they're serving
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prior to date in February
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2019. Should I be worried
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about that, since that date
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already passed?
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Now, I'm not sure what you're
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looking at. But on a valid
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case that was filed in 2018.
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You just got the prime
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aphasia. Your case got buried
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somewhere. When did you file
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it?
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August 2018. And you just
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getting a private facial for
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the first time ever now? Yes,
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yeah. How do you know it was
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filed in in August of 2018?
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Who told you that
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you ever received was filed in
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August 2018. That's me prior
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to that was given on the
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record, the date that the
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lawyer that I used it, I'm not
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sure
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what happened. My guess is
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that the papers were returned
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at one point, and then he had
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to submit additional paperwork
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before they actually received
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your case is my guess. I don't
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know for a fact. Because
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August 20, you should be
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getting a prime aphasia
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determination within you know,
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a few months of you filing it
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four months, six months, eight
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months, not two years later.
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So obviously, something went
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awry. And maybe your lawyer
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did something I don't know.
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Maybe Maybe you're
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misunderstanding what's going
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on. But to get a private
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facial for the first time two
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years after. That's, that's
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obviously an issue. I would
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speak to your lawyer asked for
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a copy of your records. Or I
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can request a copy of records
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and see what's going on, but
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something is something is
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amiss.
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Okay. And the other question I
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want to ask, after getting
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this crime efficient, which
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I'm sure of anything coming
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through anytime soon. I don't
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know.
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I don't know anything about
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that case. Hold on one second.
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Let's go to Abdulla in Salt
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Lake City, Utah.
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Abdullah. Yes, sir. Thank you
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for taking my call. Yes.
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My question is about an
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African leader. Just To vote
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2016 and then I removed
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2050
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I don't know what your
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question is all I heard was
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the year 2015.
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Oh, we wrote in 2015.
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I just said to vote you read
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in 2015? Yes. Okay. Well, you
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were citizen.
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No,
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were you a green card holder?
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Yes. Okay, you can register to
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vote as a green card holder,
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but only citizens can vote.
[634]
Why did you register to vote?
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Correct? Wrong advisor for
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roommates. All right, hold
[640]
on one second you because you
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don't want to tell people you
[643]
made false claims to US
[644]
citizenship? Because then you
[645]
say bye bye to America. Hold
[647]
on. Let's go. Let's go. Same
[652]
samim in Queens, New York.
[655]
Right. How are you?
[656]
Good. How are you? Good. Good.
[659]
Quick question. I just need to
[661]
I find my I asked you before I
[663]
call it a couple times. And I
[665]
just filed my citizenship on
[667]
21st of this month. After four
[671]
years, three months, and three
[674]
days, four months? My Si, four
[678]
years, nine months and three
[679]
days you said? So I did that
[681]
last 31st of this month,
[684]
right? I just need to know.
[685]
Could you tell me how long is
[686]
going to take to the C like
[687]
usually did before they
[689]
usually used to send you this
[690]
first receipt? You should
[692]
be about two months now.
[694]
Just to see the receipt? Yeah.
[697]
Okay, already. And another
[699]
question that my nephew he
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married to the US citizen
[703]
she's here and their relative
[705]
as well. I mean, there's a
[707]
very good family marriage. So
[710]
he my nephew, he used to he's
[712]
from Pakistan as well. But he
[714]
worked in UAE, United Arab
[716]
Emirates. Abu Dhabi. So he,
[720]
his wife, she came back. She's
[722]
us is different. Now she has a
[725]
child by him. And small more
[728]
than two years now. And he's
[731]
still in Abu Dhabi. And I just
[734]
need to know question is this.
[736]
Her? My nephew wife father
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said it's the father of that
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child have the US English they
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have to find some signature or
[746]
something or something that
[747]
before they she can apply for
[750]
or husband? And then he went,
[753]
What would you say? Okay, if
[756]
the husband isn't in the other
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country, and the wife she came
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back after the marriage right
[760]
to the back to the good and
[762]
genius yourself, then what
[763]
is the question just asked me?
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How long is gonna? How long is
[768]
take to file for her husband?
[772]
She's a citizen. She isn't and
[774]
she's here and she had
[776]
about a year to a year and a
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half
[778]
if she filed it correct. So
[781]
that means he does not need
[782]
any his that child baby who's
[784]
in the Abu Dhabi he need to
[787]
any sign or anything for the
[788]
US government right now that
[790]
he is the father. Now before
[792]
he file. Now that was
[797]
the Father's name is on a
[798]
birth certificate. I might I'm
[799]
like not having communication
[801]
here with everybody today.
[802]
What's wrong with me? The file
[803]
name is on the birth
[804]
certificate. The wife files
[806]
for him. It's a very simple
[807]
question. They have a baby
[808]
together.
[810]
For him, that he she and her
[812]
parents do sing to him. There
[816]
are some of the laws that the
[817]
US government need to we need
[819]
to prove that you are the
[820]
Father. So it's take little
[821]
bit time. Is that true?
[823]
No.
[824]
You're dirty. Goodbye. Let's
[828]
go to April in Houston.
[831]
In April, what's up?
[833]
Try to know our crazy day
[836]
today. April. I'm sorry,
[838]
crazy people calling today.
[840]
What's I know? Right?
[843]
I wanted to know, okay, so my
[846]
husband and I were going for
[847]
an interview November night.
[849]
And I have not been getting my
[851]
payroll direct deposit. But I
[853]
have made many cash deposits
[857]
in his payroll, and we have
[859]
lots of trades. That's how we
[860]
use our bank account. So what
[863]
I mean is they're gonna like
[865]
no, I think if you're bringing
[867]
a joint bank account, and you
[868]
show money being deposited
[870]
from various sources, and it's
[871]
your money, his money, and
[872]
you're depositing it And out
[874]
of that joint bank account,
[875]
you're paying bills that
[877]
you're both responsible for
[879]
bills responsible for bills
[881]
you're responsible for. That's
[883]
a real marriage. I think
[884]
that's a good thing.
[885]
Okay, good. Yeah. We pay our
[887]
bills to the account. Even
[889]
like, cash out. It shows my
[892]
name. It shows everything you
[893]
can transfer. That's a good
[894]
thing. Okay. Another question.
[899]
Oh, about changing my name, do
[902]
I go through immigration for
[903]
that?
[905]
We mean changing,
[906]
changing my last name to my
[908]
husband. When you
[910]
when you apply when you go for
[912]
your interview to ask the
[913]
immigration officer that your
[915]
green card coming, your
[916]
husband's and your husband's
[918]
name. And when you get your
[920]
green card and your husband's
[921]
name, you'll then go and get
[923]
your social security card
[924]
changed if you have it in a
[925]
different name, into your
[927]
married name. And then you
[928]
have your green card and your
[930]
social security card and your
[931]
married name. You'll go get a
[932]
driver's license in your
[933]
married name. And guess what?
[935]
That's your new name. Oh,
[937]
okay. Okay, well, thank you so
[939]
much. Appreciate it. We watch
[941]
your show.
[942]
Thank you for watching.
[943]
Appreciate it. Thank you.
[945]
Alright, thanks for watching.
[946]
For more Brad show live, like
[948]
and subscribe to our YouTube
[949]
channel.
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