under vawa law got divorce with my spouse abuser and remarried if filling for i360 concurrently with i485 should i fill the same time a i485 ?

[SingleDad2usc 71]

OP asked if there may be immigration relief, and he certainly has a few courses of action that don't require his immediate departure. (personal attack violating TOS removed - VJ Moderation)

To re-iterate: unless OP is from visa-waiver country, then the moment he must answer to removal order, his attorney can invoke C-o-r. There appears no reason why he would not be granted C-o-r.

Unfortunately, he can't have C-o-r hearing before his removal is ordered. To trigger possible removal proceedings, he has to petition USCIS as either a DV victim (which seems too late, because he's remarried) or a person known to DA office which prosecuted a criminal. If he ever told DA office about his willingness to help prosecution, then whatever further happened in that trial is immaterial: he's entitled to U-visa certification. It so happened that trial resulted in criminal conviction - so even better

Edited March 23, 2014 by Kathryn41
to remove personal attack

[belinda63 3,041]

There was no trial, he was never called as a witness. There was no trial. She did a plea deal. She did not go to trial, he never testified. She pled guilty to a judge she did not have a trial.

And he is in the US illegally, he should leave as that is the law. Everyone should obey the law.

[SingleDad2usc 71]

Incorrect on all counts:

1. A person can fight for permission to remain, without leaving the country

2. I apologize using the word trial before. A trial, a pre-trial or his appearance in court never needed to occur. All that needed to occur was his word to prosecution (and sometimes prosecution asks a potential witness to sign that he is willing to help). OF COURSE SHE MADE A DEAL AND PLED GUILTY if it was known that he was willing to testify. His co-operation with prosecution was helpful to win her guilty plea

[novedsac 355]

For CoR there must be demonstrable exceptional or extreme hardship to the qualifying USC or LPR, presumably the USC child in this case. What's the hardship?

[SingleDad2usc 71]

likely provable that he's instrumental in raising the child

[novedsac 355]

I've not seen where USCIS sees family separation, in and of itself, as extreme hardship.

Residing in the US is not necessary to be instrumental in the child's life. Child is a newborn to two illegal parents - hard to establish the child has roots here in the US.

Edited March 23, 2014 by novedsac

[Boiler 45,924]

Nobody is suggesting he leaves his wife and child behind, they can go to.

[SingleDad2usc 71]

I'm not familiar with particulars of the lady's status, but it's obvious she's PRUCOL. Her presence is well known to USCIS. Child is citizen. No one is seeking to remove anyone, not even to remove undocumented dad. Now, if it comes to defending from his removal: if good character is proven, and if his potential earning power is proven, and if his crucial role in raising the child is proven - what judge wouldn't grant it?

But even before C-o-r defense, I see good possibility of U-visa. How can anyone just use these words on the forum discussing a family with a child, who ask for information

Edited March 23, 2014 by SingleDad2usc

[Boiler 45,924]

No Judge should grant it.

COR requires extreme and unusual hardship.

[Avery Cates 1,141]

Nobody is suggesting he leaves his wife and child behind, they can go to.

Indeed.

[SingleDad2usc 71]

I'm sure it's within Judge's discretion; but maybe you could help with definition. Separation of wife with husband, separation of child with parent is not usual good family situation to seek for a young US citizen. As to additional hardship factors, we don't know all particulars of that family. We don't even know nationality of each parent.

[belinda63 3,041]

Seeing as how USCs here on the forum have had their spouses' visas denied and they have USC children why should a judge grant one person who has been in the US illegally for more than 10 years a hardship waiver?

[Boiler 45,924]

Extreme and Unusual Hardships

And they would be?

And how do you anticipate he will be placed in removal proceedings.

Edited March 23, 2014 by Boiler

[novedsac 355]

Proven potential earning power ( I assume that means 'income' ) is not a requirement or even a consideration for CoR.

Precedence has shown, rather extensively, that familial separation in and of itself does not meet the burden of exceptional or extreme hardship for USCIS.

If it was, every illegal immigrant who has been in this country in excess of ten years (many have and many have USC children) would be clambering for the opportunity to request and receive a CoR.

[SingleDad2usc 71]

If OP is from visa-waiver country, then 10y don't help; so we're all shooting blanks here. But if he was well known to DA, then his attorney must work on certification. And if that attorney is so bad, go for FJC pro-bono who happen to share building with DA office

If he was able to obtain ESTA approval despite having declared all those CIMT's then adjustment should not be an issue.