VAWA approved I-485 denied!

[freckleface 0]

I am advocating for a friend here. It has taken a lot to see her through this and deal with the fear and fallout of doing this. The current state is devastating.

Her VAWA was approved and then I-485 denied. Need advice here.

VAWA was filed just before she turned 25 as an abused child. Her American stepdad and Dutch mom withheld doing her paperwork after a tourist visa ran out. She was like 11 when she entered the country. She had a bad car wreck with TBI and was appointed a attorney firm as a Conservator and called "An Adult Protected Person".

Her tourist visa expired while she was in the Conservatorship and before she turned 18. The Conservatorship was Discharged after she turned 18. She had no ID, no bank account, etc. They in effect discharged her as an illegal alien.

Fast forward till she gets thrown out of the parents’ house for the last time after her parents’ drug fueled fights. Years later, but, before turning 25 overcoming severe PTSD, feelings of Doom, anxiety, etc. she finally gets the courage up to file VAWA as a child of an abuser. The app gets approved as "Extreme cruelty" was an understatement. Child Protective Services failed her...

Part of the abuse was her mom saying get married to fix the problem while looking at her mom’s own illegal alien status as her US husband refuses to do her mom's paperwork. So she is not married for this and other reasons.

The I-485, filed July, 2011 kicks in after the VAWA approval. It is denied due to:

A family biased preference category of ‘family based preference’ B11 and should have a date of before May 1, 2004. You provided no evidence that a immigrant visa is immediately available to you on any other basis.

You were present in the US contrary to law when you filed the application as your lawful nonimmigrant had already expired. You should make arrangements to depart as soon as possible. (Aka GTFO!)

Her attorney recommends a second opinion and suggests:
1) File a motion to reconsider
2) File a request for a Notice To Appear (NTA)
3) Get married.
4) Depart the USA.
5) Wait till the Priority date becomes current and re-file adjustment then.

Other suggestions are
1) Immigrant advocate groups
2) Get the media involved.
3) I could write my congressman or representative about this case.

[freckleface 0]

For anyone else that runs into this: The Approved VAWA over 21 years old as a child puts you in a weird place. You can stay in the country under "defered action", but, are now a prisoner of the USA as you can't leave and come back. You could but, you would have to wait till a visa is available.

Or at least that is what the B11 catagory assigned with the VAWA approval did to her.

[verysadguy 170]

Wow, so some VAWA approvals still get I-485 denied. So what did she do?

[TBoneTX 45,871]

A recent post has been split from this old thread, moved to the Effects of Major Changes forum, and given the topic title "VAWA approved but I-485 denied -- advice?  [split topic]."

 

Thread from 2013 is now locked.

Edited November 13, 2017 by TBoneTX