Conditional Green Card, I360, EAD

[NEWGC 0]

Hello all,

I will thank you all in advance for help. I am in a situation, where I can not find an answer. Briefly, I am married to USC and got my conditional GC 3 years ago. We have a baby together. Later he refused to file for Removal of Conditions. So, I filed petition to remove conditions based on extreme hardship criteria. In response I got an extension to work and travel for a year. Meanwhile, through an agency, I got an attorney, who filed another petition based VAWA and withdrew my first petition. Soon after the first petition was withdrawn, I got a job and started working based on the extension to work and travel, I got earlier with my first petition. My attorney was aware of my situation and work authorization status. My work Authorization is coming to an end and I need an extension to continue working.

I can not stay at home, not working, for multiple reasons. I am still living with my husband, still married to him. While my attorney filed VAWA, I never paid any attention to details and I am regretting it now. I recently have become aware that, the attorney, I got through the agency lost her job and I have no one to answer my questions.

If anyone can help me, with these few questions, it would be greatly appreciated.

1) When I used my extension for work even after withdrawing the petition based on which I got work authorization for one more year, was this the right thing to do?

2) As my I-485 form is already approved, is this VAWA application considered as ROC based on ABUSIVE GROUND?

3) Can I file EAD based on I-360? What I understood is that if the I-360 and I-485 is filed simultaneously, then I am authorize to file for EAD. But my I-485 was approved 3 years ago. I am not sure if it needs to be refiled with VAWA petition.

I look forward to hearing a response.

Thanks you.

[Brother Hesekiel 2,236]

I'm still trying to grasp this, but I'm hoping JimVaPhuong will respond in his very organized way. I'd just like to throw out two points:

1) your RoC petition cannot be adjudicated as long as you are still married. I'm not quite sure if the VAWA claim changes this, but I doubt it.

2) you claim abuse by your husband, but you are still married to him and continue to live together with him. What credibility do you think your VAWA claim has in light of this?

[VanessaTony 3,567]

1) When I used my extension for work even after withdrawing the petition based on which I got work authorization for one more year, was this the right thing to do?

2) As my I-485 form is already approved, is this VAWA application considered as ROC based on ABUSIVE GROUND?

3) Can I file EAD based on I-360? What I understood is that if the I-360 and I-485 is filed simultaneously, then I am authorize to file for EAD. But my I-485 was approved 3 years ago. I am not sure if it needs to be refiled with VAWA petition.

I look forward to hearing a response.

Thanks you.

You should have divorced your husband and filed for ROC with a divorce waiver. It would have been done in around 6 months. On what grounds are you claiming abuse?

While ROC based on VAWA is possible without divorce, I'd be interested to know what your abuse accusation is, I would assume it's failure to file ROC so withholding immigration benefits. You're still living with him and still married so I'm not sure how USCIS can adjudicate an abuse petition when the person being "abused" is still living with the "abuser" a year later.

I'm still trying to grasp this, but I'm hoping JimVaPhuong will respond in his very organized way. I'd just like to throw out two points:

1) your RoC petition cannot be adjudicated as long as you are still married. I'm not quite sure if the VAWA claim changes this, but I doubt it.

2) you claim abuse by your husband, but you are still married to him and continue to live together with him. What credibility do you think your VAWA claim has in light of this?

Yep, if you claim VAWA a divorce isn't required. I agree with your second point whole-heartedly. Living together still doesn't really scream "ABUSE" to me. I don't see this being approved :S

[NEWGC 0]

You should have divorced your husband and filed for ROC with a divorce waiver. It would have been done in around 6 months. On what grounds are you claiming abuse?

While ROC based on VAWA is possible without divorce, I'd be interested to know what your abuse accusation is, I would assume it's failure to file ROC so withholding immigration benefits. You're still living with him and still married so I'm not sure how USCIS can adjudicate an abuse petition when the person being "abused" is still living with the "abuser" a year later.

Yep, if you claim VAWA a divorce isn't required. I agree with your second point whole-heartedly. Living together still doesn't really scream "ABUSE" to me. I don't see this being approved :S