I'm in need of desperate help. Please

[belinda63 3,047]

Her case was denied two years ago because the spouse cancelled the I-130/pulled the affidavit of support. The only way for her to obtain a green card would be to apply with the same spouse whom she doesn't even know where he is or have a way to contact him....so this is a no go or to divorce and find a new spouse, legitimate marriage, but this will probably be a no go with all the red flags.

[Sage001 0]

Okay I have talked to this attorney who is specialize with this case and he has 30 years of experience. He told me that 1) file the divorcement paper as soon as possible, because my husband left me and it's been almost 2 years so he's not coming back to me n my kids. Also his relatives told me that he's dating someone in VN so that's why my husband withdrew this whole thing. 2) wait for another letter from USCIS immigration court and bring it to my attorney. My attorney said they should send it to me by September because every 2 years, USCIS looks through the denied case , and send people the letter for Removal Proceeding if there's no improvement on their case. My attorney also said that he will use I-360 to support my case since my husband neglected us. 3) my attorney told me to remarry once I wait 6 months of the divorce. Because if the judge doesn't grant me, then I can have another option to adjust my status because of my new husband.

My question is How does Removal Proceeding Court work? Is lt like hearing or something? I'm asking this, because my attorney said he won't tell me until I bring him the letter so he can explain the procedure.

But the thing is, I don't want to remarry. 8 years of marriage led to withdrawl, I don't want to repeat the past. And I have 3 kids, I'm pretty sure no guy wants to take this responsiblity. So my other question is what will happen if judge doesn't agree with me and that he denies it? Will I be put in deportation or detention?

[VanessaTony 3,567]

Okay I have talked to this attorney who is specialize with this case and he has 30 years of experience. He told me that

1) file the divorcement paper as soon as possible, because my husband left me and it's been almost 2 years so he's not coming back to me n my kids. Also his relatives told me that he's dating someone in VN so that's why my husband withdrew this whole thing.

2) wait for another letter from USCIS immigration court and bring it to my attorney. My attorney said they should send it to me by September because every 2 years, USCIS looks through the denied case , and send people the letter for Removal Proceeding if there's no improvement on their case. My attorney also said that he will use I-360 to support my case since my husband neglected us.

3) my attorney told me to remarry once I wait 6 months of the divorce. Because if the judge doesn't grant me, then I can have another option to adjust my status because of my new husband.

My question is How does Removal Proceeding Court work? Is lt like hearing or something? I'm asking this, because my attorney said he won't tell me until I bring him the letter so he can explain the procedure.

But the thing is, I don't want to remarry. 8 years of marriage led to withdrawl, I don't want to repeat the past. And I have 3 kids, I'm pretty sure no guy wants to take this responsiblity. So my other question is what will happen if judge doesn't agree with me and that he denies it? Will I be put in deportation or detention?

Your attorney is advocating immigration fraud by telling you to remarry in order to secure your status. That's not a good thing. If you were already in a relationship, that's one thing but you'll dig yourself a bigger hole. He is right though, if you were married you'd have the chance to AOS but given the history of your file I doubt it would work, even if it WAS a real marriage.

It's also not a good thing that he told you he won't tell you about the Removal Proceeding until it's time. It could be he's busy, or it could be he's planning on milking you for money. If he tells you the process and you find out it's "easy" by googling or asking other people you might not pay him for his services. It could also just be that it depends on what your letter says. It's been a while and your situation is unique.. he could be playing it safe. I agree with filing for divorce, but it's going to be hard unless your husband co-operates because he needs to be served.

VAWA is for people who have been abused and to be honest, again given the history of your file, I think it's a last ditch effort that WILL NOT work and will instead simply bleed you dry. If you hadn't already had TWO AOS proceedings denied (one for abandonment the other for fraud) then you might stand a chance, but as you remained in the states after the denials, and as you'll only be filing the VAWA after or around the Removal Proceeding it will look fake and you'll need a LOT of evidence of abuse. That's what VAWA is, abuse. You weren't abused. Yes he's since abandoned his family, but as far as USCIS is concerned it was a fake family for a GC anyway. If he files for VAWA for you, I'm concerned about what sort of evidence he's going to try and manufacture seeing he's decided a fake marriage would "save" you. Also, VAWA takes MONTHS, 18+ months to be approved (if it's approved). It's a lengthy process.

And yes. You are facing detention followed by deportation. Not just you, but also your kids. It would be better, in my opinion, for you to save the money you would have spent on the lawyer in going back to your home country, or at least leaving the states. I understand you WANT to stay here but you are currently here illegally. You have no right to stay. You are in limbo and will remain in limbo for years (as will your children). It is better for them in the long run to return to their country (before they get a ban for overstaying past the age of 18) and try and rebuild/build their lives there instead of living in secret and being careful not to mention they're in the country illegally.

It is entirely up to you though what you do. Of course seek second and third opinions from attorney's, don't just stick with the one that promises you the world because a GOOD attorney will tell you the truth of your situation, and it's not good. Also, just because he has 30 years of experience means NOTHING. He could have experience in losing all his cases. It doesn't mean he's a good attorney at all. It means he's been doing it a while, but again, means nothing.

Edited July 26, 2013 by VanessaTony

[SingleDad2usc 71]

I-360 may buy time, but not approval. To have I-360 approved, you need more than neglect or abandonment - you need abuse that has caused you or kids mental harm. You'll also need to prove bona fide marriage - which you have failed to prove once already in USCIS records

[Eric-Pris 1,607]

Okay I have talked to this attorney who is specialize with this case and he has 30 years of experience. He told me that 1) file the divorcement paper as soon as possible, because my husband left me and it's been almost 2 years so he's not coming back to me n my kids. Also his relatives told me that he's dating someone in VN so that's why my husband withdrew this whole thing. 2) wait for another letter from USCIS immigration court and bring it to my attorney. My attorney said they should send it to me by September because every 2 years, USCIS looks through the denied case , and send people the letter for Removal Proceeding if there's no improvement on their case. My attorney also said that he will use I-360 to support my case since my husband neglected us. 3) my attorney told me to remarry once I wait 6 months of the divorce. Because if the judge doesn't grant me, then I can have another option to adjust my status because of my new husband.

My question is How does Removal Proceeding Court work? Is lt like hearing or something? I'm asking this, because my attorney said he won't tell me until I bring him the letter so he can explain the procedure.

But the thing is, I don't want to remarry. 8 years of marriage led to withdrawl, I don't want to repeat the past. And I have 3 kids, I'm pretty sure no guy wants to take this responsiblity. So my other question is what will happen if judge doesn't agree with me and that he denies it? Will I be put in deportation or detention?

Yes, your attorney sounds like a fine lawyer. If you can't a green card with this guy, divorce him ASAp, and marry the other guy juts in case the appeal doesn't work?

Are you kidding me? Unfortunately too many lawyers are like this. Most are complete schysters.

[Hypnos 6,578]

Gather several attorneys' opinions, not just one who is telling you some of what you want to hear.

Based on what you have said you do not have any claim under VAWA, so he is leading you down the garden path there. Even if you did have such a claim, it doesn't sound like you will be able to prove a bona fide marriage which is required under VAWA, so it would be closed under that avenue too.

Right now it sounds like you're trying to stay in the US under any circumstances.

[Sandra G. 5,070]

First of all your lawyer is a #######,he gave you 2 wrong information. If you get married then YOU CANNOT FILE VAWA.The Law clearly states you can just get married after vawa approval NOT BEFORE.Second why do you have to wait removal proceedings to file I-360?if you have a vawa case you can file vawa anytime, and when you receive the Notice to Appear in Court you just need to show the prima facie and the judge will postpone your hearing and you will not be deported until adjudication of your Vawa.Vawa was taking 17/19months to be adjudicated now it's taking 2months. YOUR husband left you,but this is not ground to file I-360 , to file Vawa considering mental abuse you must prove extreme cruelty. Find a good lawyer because the one you went there is not good at all.

[SingleDad2usc 71]

I will not dispute that lawyer may be #######, but for a slightly different reason. He likely didn't care enough for his potential client to follow his train of thought, or to comprehend the risk faced in the end. He probably went something like this: IF you indeed receive a notice, then you could file I-360 to stave off the Judge...In the meantime, if you succeed to conclude divorce proceedings, and then you get lucky to marry a USC...then it won't matter that I-360 is eventually denied, you'll have a new path. Trust me, I've done plenty of these over 30 years. Like someone said: a shyster is a shyster, what will you do? In the meantime, he couldn't care less about kids' education

Edited July 27, 2013 by SingleDad2usc

[Sage001 0]

I-360 may buy time, but not approval. To have I-360 approved, you need more than neglect or abandonment - you need abuse that has caused you or kids mental harm. You'll also need to prove bona fide marriage - which you have failed to prove once already in USCIS records

Yes my attorney had a feeling that I-360 won't be approve but he said he's using that to buy time. But I just want to know what will happen when immigration judge denies it

[Sage001 0]

I will not dispute that lawyer may be #######, but for a slightly different reason. He likely didn't care enough for his potential client to follow his train of thought, or to comprehend the risk faced in the end. He probably went something like this: IF you indeed receive a notice, then you could file I-360 to stave off the Judge...In the meantime, if you succeed to conclude divorce proceedings, and then you get lucky to marry a USC...then it won't matter that I-360 is eventually denied, you'll have a new path. Trust me, I've done plenty of these over 30 years. Like someone said: a shyster is a shyster, what will you do? In the meantime, he couldn't care less about kids' education

Yeah your right. That's how he explained to me. He told me that I have a lot of choice, and there are many ways

[SingleDad2usc 71]

Attorneys know better. They find ways to drag it in court for years. Problem is: your status won't Change all that time

[Sage001 0]

First of all your lawyer is a #######,he gave you 2 wrong information. If you get married then YOU CANNOT FILE VAWA.The Law clearly states you can just get married after vawa approval NOT BEFORE.Second why do you have to wait removal proceedings to file I-360?if you have a vawa case you can file vawa anytime, and when you receive the Notice to Appear in Court you just need to show the prima facie and the judge will postpone your hearing and you will not be deported until adjudication of your Vawa.Vawa was taking 17/19months to be adjudicated now it's taking 2months. YOUR husband left you,but this is not ground to file I-360 , to file Vawa considering mental abuse you must prove extreme cruelty. Find a good lawyer because the one you went there is not good at all.

But I will have my hearing soon, like in 2 months. I think my attorney is using VAWA cancellation at the hearing. But I'm pretty sure it won't work for me because I have to prove my husband will suffer if I leave US which is not true because he left me. So it's better to file VAWA now then wait for hearing? I think my attorney is trying to buy me more time

Attorneys know better. They find ways to drag it in court for years. Problem is: your status won't Change all that time

Yeah, he's trying to buy more time. Do you have any suggestions?

[SingleDad2usc 71]

What he laid out may be the only way, but still no status in the end. I'm just worried about kids' education, because I'm afraid no one else will worry about it. That's America's ill spot

[Sage001 0]

What he laid out may be the only way, but still no status in the end. I'm just worried about kids' education, because I'm afraid no one else will worry about it. That's America's ill spot

Yeah. I know what you mean now. No status in the end.

[Hypnos 6,578]

Based on what you've said here you don't have a VAWA case; at best you will manage to string proceedings out for a few years, but that's all.

If you are concerned for your children's education you may want to investigate returning to your home country.