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Posted

Hopefully some one can relate and help.

I have no money and lawyers are way to expensive.

I got an notice to appear for "in removal proceedings". I do qualify for the Application for Cancellation of Removal and Adjustment of Status (Form EOIR-42B)under section 240. I filed form EOIR-42B and got accepted as a I-485. I have been researching on this type of case and have heard that are very hard to win. Because of Documents to show a U.S. Citizen would result in exceptional and extremely unusual hardship by my removal. I though this stage would be easy but after reading a few cases like mine. I am having doughs that I could show evidence that would support in my favor.

Did anyone go through this process.? and what are some of the examples of evidence showed or can be show to the court.?

I went to the first hearing and got re-schedule a second meeting. At the court there was a pro-bono lawyer, I discussed my situation and she concluded that I qualify for form I-360 Self-Petition Spouse of USC. I filed for I-360 and establish a Prima Facie Case. I am not sure what this really means. I really do not know what to do from here.

Does anybody know what to do.? Can I submit evidence to the court stating that I have obtained a prima Facie Case and could that help my Cancellation of Removal?

Any comments are greatly appreciated.

Best regards,

Filed: Other Country: Canada
Timeline
Posted

Hi Apoco!

I have also applied for an I360 but my case is different from yours. From my understanding, since you are in removal proceedings and your I-360 is currently processing, you will have to wait until your I-360 is approved before your Removal Proceedings will be canceled. In the meantime, what will end up happening, is that you will likely have some court dates before your I-360 is approved so the judge will keep postponing your Removal Order until you get a decision regarding your I-360. So for your next court date, make sure you take your Prima Facie and your receipt notice to the judge to show him/her that you have filed your I-360.

If anyone knows the process better, than feel free to chime in.

You should look up a member named Shona or Kim G because I believe they both went through something similar and wouldn't mind giving you some advice

Applied for VAWA (incomplete package) April 6th, 2010

VAWA application received April 7th, 2010

NOA1 received April 16, 2010 (dated April 9th, 2010)

Prima Facie received April 21, 2010 (dated April 12th, 2010)

Sent out complete I-360 case including I-485 June 14th, 2010

Received email stating will receive a response within 60 days (probably either RFE or approval/denial) June 18th, 2010

I-360 touched June 19th, 2010

I-360 touched June 21st, 2010

I-360 touched June 23rd, 2010

Submitted I-765 July 2nd, 2010

I-765 touched July 8th, 2010

I-765 touched July 10th, 2010

I-765 DENIED (sooo pissed!) Aug 2nd, 2010

I-360 touched Aug 12th, 2010

I-360 touched Aug 27th, 2010

I-360 touched Aug 30th, 2010

I-360 APPROVED!!! Sept 7th, 2010

Received approval email Sept 8th, 2010

I-360 touched Sept 11th, 2010

1-360 touched and received EAD approval Sept 13th, 2010 (USCIS made an error with my I-485/I-765 previously)

 
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