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]

You're assuming he does qualify for relief, which is not substantiated with the information he has provided. If he doesn't qualify, he doesn't qualify. He could work his butt off on this for decades and never get anywhere.

You seem to think that remaining here in the US is the best option, but at what cost? Another 13yrs as an illegal, perhaps indefinitely? At the risk that when the kid is, say, 10yo and loses a parent to deportation? Unable to pursue a good job, assuming they have appreciable skills, that would give them a life without straddling the poverty line?

Saying that all he needs to do is work hard and follow the steps in some logical order and he will never have to leave the country is overly optimistic. Maybe never have to leave is more realistic.

Knowing more of the OPs particulars would certainly be helpful, though.

Edited March 23, 2014 by novedsac

[novedsac 355]

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

Thanks. I was wondering about this.

[Boiler 45,928]

He has been here illegally for many years. Likely he can continu.

We have a broken system.

[SingleDad2usc 71]

but you're totally disregarding the U-visa possibility: that's the chief reason I'm guiding him to FJC that shares the office building with DA office. Pro-bono Immigration attorneys there have personal relationships with ADA's, they get their morning Java together; they may know in two seconds of his chances for certification

[Scotishiz 1]

First I want to thank everyone for the help and I have to say each and everyone of you gave pretty good advises. Now let me tell you guys I think I have many options i can use I wish I knew before . a few years ago I got battered badly but never caught the people who did it and I have hospital record and also I worked with some detective to try to work the case then again I had to have a surgery left eye. I have 3 kids here two with a us citizen woman and my new wife now she not illegal her she came in student visa and when changed to TPS because TPS made available then. to get a certification I think I should be qualify then again I am very involve with my kids her so one 7 one 5 and one 1 month old . I think beside all your help what i can see i have options the question is which one is the best option.I don't have anyone in my country and all my family are here despite how hard things been but I been pretty involve with my kids and what is going on.

[Sandra G. 5,057]

SCOTISHISH you don't have many options as you mentioned, you have just one option, " U visa ", if you can get a certification from the police or prosecutor then you are good to file U visa.Your wife won't have any status because of your U visa. but after 3 years you can apply for green card and then you can include her in your GC petition. BUT keep in mind that applying for green card it will be hard if your help is no longer necessary to investigate and prosecute the crime against you.You do not qualify for Vawa anymore,because you got married.Your lawyer is a horrible lawyer, because he is willing to file Vawa, it means he does not know the Law at all.

[SingleDad2usc 71]

OP, thanks for your story - but I'm worried about you. The reason I'm worried is because you don't seem to grasp what it takes to legalize. It's a pretty precise and at times counter-intuitive process. Emotion will not help, being busy with your daily routines will not help. You'd be in a pretty losing situation, because no one (I will repeat, no one) out there will help you to legalize. How do I know? I've been raising two children by myself practically from birth, I've had literally a hundred officials (representing local, state and federal agencies) helping my family over 10 years - and not a single one ever opened their mouth to guide me toward immigration solution. Not one out of a hundred well-wishers. Would you believe it, they were all well wishers: every single one told me what great work I do, how proud they are of me, none of them refused to help financially - and not a single one mentioned immigration solution. Until just two out of about fifty active members here did suggest that I certainly have (at least) one, and I should get pro-bono immigration attorney. Not just an attorney - immigration attorney. Not just immigration attorney - pro-bono immigration attorney. If you continue with your attorney, you'll run out of money before he does the right things on your behalf.

Alas, it's time consuming process - but you should start tomorrow. I told you whom to call: they'll award you intake appointment. After you attend, they'll award you appointment with your lawyer. You'll see that lawyer a couple of months from tomorrow - and you'll hear an indication whether (s)he can get you certification. Good luck!

[Scotishiz 1]

Thanks Platinum , i understand everything you said and I will go and start working on that. my daughter want to file for me she is 22 YEARS OLD AND US CITIZEN. what do you think ?

[zuluweta 250]

If OP entered without inspection (sneaked across the border, no I-94 entry record) and he does not qualify for 245(i) (a petition I-130 for alien relative filed before a specific date in April 2001), his options to adjust status and get a green card are almost non existent.

[SingleDad2usc 71]

OP: daughter (if at all permissible) would take much longer. I understand how you+your attorney came up with I360/con-current I485 idea - you thought you might get temporary EAD this way. Doubtful. Desperation is not your ally. Remember that if you mislead USCIS to get prima facie, or temp EAD - it will backfire in the end. Your fastest solution is to get an attorney who has direct communication with DA office, and get an opinion from horse's mouth

[belinda63 3,041]

Best way is to have the USC daughter who is over 21 file for him provided he entered the US with inspection, meaning on some sort of visa, and can prove it.

As Sandra said even if he could get a U visa he would not be able to apply for his green card for three years after he had the U visa and then it would be a ####### shoot as to whether he would get one.

Why should he tie up valuable resources that could be helping someone else when he has a viable way to obtain a green card through his daughter?

Edited March 26, 2014 by belinda63

[SingleDad2usc 71]

if I don't know of something, I say so (or I just don't touch it). You make your "advice" sound credible - but what do you know? And what valuable resources. He'd only get EAD, which is his objective. He never said he was anxious for GC, no family abroad

[belinda63 3,041]

So rather than provide his passport with the I-94, copy of birth certificate, some photos, medical exam, and fill some forms so his daughter can file for him and he can have EAD in about 4-5 months he should travel to this office in NYC to visit with someone, wait a few months, travel to NYC to go see the attorney they appoint (if they even do), wait a few months to see if he even qualifies for a U visa, wait a few months while they gather and file the paperwork, and have his EAD in about a year or two?

As to what I know I got my fiance here from Iran, got him his 2 year then his 10 year green card, then got him his citizenship all without an attorney. Now we have an application for his father's green card pending. So maybe I know a thing or two about family-based visas/green cards.

[SingleDad2usc 71]

good job on your family, thanks for clarification

[SingleDad2usc 71]

I admit I know nothing about family sponsorship; my impression was that only spousal can be fast. I also suspect he'd be required to apply (or at least attend interview) abroad