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 ?

[belinda63 3,041]

No, as an immediate relative she can file concurrent and he can adjust status from within the US provided he can prove he entered with inspection.

[Sandra G. 5,057]

scotshizh I did not know you have a daughter, then problem solved,but because you entered without inspection you to file first form I-130 and G-325 A, after the I-130 is approved then you have to submit the I-601A WAIVER. You will be able to stay in the US until the I-601 A waiver is adjudicated(6months), plus one 1 year for the I-130 petition, without ANY WORK PERMIT. Once approved the waiver YOU MUST leave the Country to attend the interview in your home Country,you cannot adjust status inside the US ,because you entered without inspection. You will leave with your waiver approved ok. All cases I handled they traveled abroad to attend the interview, and in 5/10 days they returned without any problem.I don't think your daughter makes enough money to be your sponsor, cause you have a big family, anyway you can find a co sponsor tho.Sorry I am using my phone and probably i misspelled some words.

Edited March 26, 2014 by sandranj

[Scotishiz 1]

Thanks Diamond

[zuluweta 250]

Clause 212 (a) (9) (B) (v) of the INA:

(v) Waiver.-The Attorney General has sole discretion to waive clause (i) in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Am I reading it right that a waiver is only given to an 'immigrant who is the spouse or son or daughter of a USC or LPR' and not to a parent of a USC? In which case OP wouldn't qualify for a waiver?

[belinda63 3,041]

Yes if he entered without inspection there is a problem. The waiver doesn't apply to parents of USC.

[Sandra G. 5,057]

Belinda you are wrong! HE CAN FILE I-601A(provisonal waiver), not waiver I-601. You guys are getting confuse here with the waivers. Spouses, children and parents of U.S. citizens are considered immediate relatives and he can submit the I-601A (PROVISIONAL WAIVER) I had several provisional waivers approved to parents of a US Citizen,that entered through Mexico.

[Sandra G. 5,057]

Belinda your information is not correct. He can submit the the I-601A (PROVISIONAL WAIVER). because spouses, children and parents of U.S. citizens are immediate relatives, and they qualify for the waiver that I just specified.You guys are getting confuse here with the waivers, this one is the new one for those who entered without inspection.I had many waivers approved,then believe me the information I gave here before was correct.

http://www.uscis.gov/sites/default/files/USCIS/Resources/A6en.pdf

"..You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen;.."

Remind you that spouses, children and parents of a U.S. citizens are considered immediate relatives.

Edited March 27, 2014 by sandranj

[belinda63 3,041]

I guess I am thinking of the hardship waiver. But looking at Section three the only two options for the USC/LPR relative are spouse or parent?

Reason to deny waiver....."You do not establish that the refusal of your admission to the United States would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion;"

Edited March 27, 2014 by belinda63

[Boiler 45,928]

The child's hardships can be taken into account, if they are a USC or LPR, but a child can not file the waiver, if that makes sense.

[zuluweta 250]

Yes if he entered without inspection there is a problem. The waiver doesn't apply to parents of USC.

OP must have entered without inspection, otherwise his I-130 filed way back in 2001 would've been approved as spouse of a USC. He missed the filing deadline for people who EWI to be grandfathered into actionable petitions. Hence his hope to be classified under VAWA.

I don't believe the provisional waiver applies to parents of USC who entered without inspection, otherwise no deportations would occur for parents of USC who EWI because judges would conclude that they have a pathway to citizenship immediately. That's my reading of the waiver clause I posted above anyway.

[zuluweta 250]

From http://tiny.cc/4afedx

What was 245i?

There used to be an exception for EWI entrants under section 245i of the immigration law which allowed people to pay a $1000 penalty and apply to adjust status from within the U.S. even if they were not inspected. That exception sunsetted (stopped being the law) as of April 1, 2001. However, if a family member or employer filed a petition for an immigrant visa (green card) for you before April 2001, you may still be grandfathered in under 245i and eligible to adjust status from within the U.S.

[Scotishiz 1]

I know that but one thing my sister filed for me before that April 2001 but she missed a dead line to send a paper so the case was denied now my lawyer told me he can used that to show i did filed before that the deadline 2001 to see if they can granted that also for a consideration . what do you think guys?

[Sandra G. 5,057]

scjk&jj I posted the law already,if it's hard to understand I can't help. I am an attorney almost 25years,I handled hundreds of waivers, including provisional waiver.He qualifies for l 601A. I rest my case. He just needs to find a good lawyer with experience in provisional waiver.

[Sandra G. 5,057]

Scottishz you have to tell your whole story ,cause each minute you add something.ALl informations that I gave wawre based in your previous posts., now you have a new story about your sister...I try hard to help people ,but your story changes every time ,it's better you find a good lawyer to represent you,your lawyer is bad,forget about him.

[Scotishiz 1]

HI Everyone , I don't know if some of you were trying to help me before about my case. my lawyer filed the 1360 under vawa law spouse abuser whic I got married before I filed the i 360 which I didn't know so long story short which the law stated if I get remarried before an approval of i360 my case will be denied now I just receive two notices one the receipt which after a month 04/23/2014 and another notice of request of evidence for if my ex wife was a USC or LPR which my lawyer had...

my question is this normal to request for more evidence when they know the case will get deny? or..