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 ?

[novedsac 355]

Would filing an AOS, or some similar application, which would be denied, put one in removal proceedings if they were removable ?

[SingleDad2usc 71]

I don't mean that's all to show. Whatever needs to be shown is likely to be shown

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]

Sure. What's worrisome about OP: he seems to act in dis-cord with attorney, and attorney seems no good to begin with

Would filing an AOS, or some similar application, which would be denied, put one in removal proceedings if they were removable ?

[Boiler 46,076]

He has no basis to file.

[SingleDad2usc 71]

what tells u he's not entitled to certification?

[Kathryn41 3,205]

One post, along with a post quoting same, have been edited to remove a personal attack. One additional post has been removed for going off topic and contributing nothing constructive to the OP's situation. Please confine your comments to the OP's circumstances only and do not derail this thread into other avenues.

Edited March 23, 2014 by Kathryn41
to correct spelling

[belinda63 3,047]

Advising someone to have themselves placed into removal proceedings on the slim chance they might be granted a COR is not helpful. Advising someone to apply for a U visa which they most likely won't qualify for and if they do it might take years to obtain a green card is not helpful.

The OP does not qualify for VAWA, he does not qualify for COR, and he most likely will not get a green card through a U visa. He can continue to live in the US illegally or he can go to another country. These are the choices.

[SingleDad2usc 71]

Again wrong on all counts. Here is my advice:

1. Get an appointment at Family Justice Center, 350 Jay St

2. Present all your evidence to a pro-bono immigration attorney.

3. DA office is in the same building (although OP's wife's case was likely in different district). It's very likely that pro-bono attorney will be able to advise pretty quick whether U-visa certification is possible

So the only downside of this entire exercise is that it will take great organization skills and persistence to get that pro-bono attorney. I don't know OP and his new wife; but if they lack these skills, then Belinda's scenario may well play out. Pity the kid

[Kathryn41 3,205]

two additional off topic posts have been removed.

[novedsac 355]

Again wrong on all counts. Here is my advice:

1. Get an appointment at Family Justice Center, 350 Jay St

2. Present all your evidence to a pro-bono immigration attorney.

3. DA office is in the same building (although OP's wife's case was likely in different district). It's very likely that pro-bono attorney will be able to advise pretty quick whether U-visa certification is possible

So the only downside of this entire exercise is that it will take great organization skills and persistence to get that pro-bono attorney. I don't know OP and his new wife; but if they lack these skills, then Belinda's scenario may well play out. Pity the kid

How is it wrong on all counts?

The OP is ineligible for VAWA as he remarried.

Based on what he has presented here, there is nothing that would qualify as exceptional or extreme hardship on a USC or LPR. Perhaps he has some additional evidence? For his sake, I would hope so.

Getting feed back on available options from a qualified attorney is advisable; continuing to grasp at straws because one doesn't like the answer is not.

I do pity the kid, who has at least one irresponsible parent who put them into a very precarious situation.

[belinda63 3,047]

I don't understand how I am wrong on all counts so please explain:

1. How is he eligible to file for VAWA given the current marriage?

2. How is he eligible for a U visa. Which by the way the wait list is extremely long if he proves he suffered substantial physical or mental harm. It is not as simple as "my spouse abused me and I filed charges" to get a U visa.

3. How is he qualified for COR since he is not in removal proceedings? Do you suggest he report to the nearest ICE office and turn himself in so removal proceedings can begin?

[SingleDad2usc 71]

novedsac, OP has one huge advantage over other parents in his predicament: I'm telling him precisely what to do from first hand experience. It took me many sabotaged topics to get this knowledge and legal status

(inappropriate comment removed - please do not attack other members even indirectly - VJ moderation)

P.S. Look above: I just spelled out where to go to get pro-bono immigration attorney, and they keep paraphrasing me...ICE

What is unfortunate: it may take a few months until attorney actually starts working on your case - but initial opinion is quick

Edited March 24, 2014 by Kathryn41

[belinda63 3,047]

So you are saying, despite the links to USCIS I provided and Sandra's advise, that he does qualify for VAWA? Please provide proof or source.

[Boiler 46,076]

I don't understand how I am wrong on all counts so please explain:

1. How is he eligible to file for VAWA given the current marriage?

2. How is he eligible for a U visa. Which by the way the wait list is extremely long if he proves he suffered substantial physical or mental harm. It is not as simple as "my spouse abused me and I filed charges" to get a U visa.

3. How is he qualified for COR since he is not in removal proceedings? Do you suggest he report to the nearest ICE office and turn himself in so removal proceedings can begin?

You are not wrong.

You can not just report yourself to get in removal proceedings, too many people have tried that.

[SingleDad2usc 71]

He may have disqualified himself from VAWA benefits; but if he works hard and completes all consecutive steps, he'll never have to leave his family and family will never have to leave their home. Wouldn't that be a good deed for the family