Approved VAWA, I-485 Pending, IO allegation of Fraud/Misrepresentation

[SanDiegoJ1Vawa 0]

Hello Everyone,

I think I'm facing major problem dealing with AOS based on Approved Vawa. and just looking to see if anyone have had such similar experience.

March 2006: I was attending school third year with 2 more semesters to graduate. I Applied for J1 to the US (Summer Work and Travel).

June 2006: I did interview at the consular and got approved

Aug 2006: Received the stamp on the passport to Travel (It was weird to take 2 months to print stamp on it) and I left to my destination. I arrived in NY, my Job offer was at a different state, asked the officer if I could work here, he assured it alright and proceeded to admit me (10 mins max to enter the state with no issues at the airport or secondary).

They issued my visa for a month and half only.

Sep 2006: I found a job in CA and went to it, started there and as of today, still at the same job!, I got my social, drivers license... and practically lived there, Paying my Due Taxes, Opened my own business on the side and all good.

Time passed by, I met my ex wife and got married in 2009

May 2009: Got married

shortly after started having problems and so on, she refused to Petition me for immigration.

Nov 2009: Separated, We found out she was pregnant, tried to work it out but no luck

Jan 2010: Ex Wife Filed Divorce, Restraining order claiming she is scared, judge granted it 1 year knowing it was not right.

July 2010: My Son Was born (i was present on her request even through there RO), filed request for custody

Oct 2010: Custody hearing, I Got custody of my son. 50/50

Dec 2010: we started dating again

Jan 2010: moved in back together, 3 months after started having issued again, i found out she was on anxiety pills..etc that causing here to be so angry mostly if she don't keep up the medication which she didnt.

April 2010: we had major issue, and big fights, I filed for R.O and I was granted 1 year.

Proceeded with Divorce. she moved out, back to regular custody plan 50/50

May 2011: filed for Vawa. I485, EAD - Received EAD

Aug 2011: Divorced finalized

Jan 2013: Vawa was denied

May 2013: I was placed in removal proceedings

Aug 2013: I filed another VAWA with More Evidence.

Jan 2014: Vawa Approved, I-485 Sent to Local Office

Feb 2014: Removal Proceedings Terminated to Adjust Status.

April 2014: AOS Interview Notice for June

June 2014: Attended the Interview with my Lawyer. The IO was so focused on denying based on any reason,he didn't even ask for the medical which i had on hand, didnt ask for any documents. He asked about Divorce even though my lawyer said he have no right to ask because already out of his authority or something, i still answered. he kept going back and fourth about me knowing that I will come to have that job and I just used J1 as method to come to the US. Even though I never knew the company but he alleged that i must have arranged it before i come. I explained to him i was living and finishing school, i made a mistake when i was young that I overstayed and my attention was not to just come and stay. however, he repeated same question like 18 times in different ways which made me feel like he was trying to trick me to say that I did, and eventually my lawyer told him this is interrogation not an interview you keep repeating same thing for like 1 hour straight, and asked to have things in writing (it was not recorded) which we did , he asks a question in writing and I answer in writing in the immigration office which i never heard an officer doing that . (according to my lawyer he just didnt like me, and anyone could see that very clear )

July 2014: received RFE to file waiver for Fraud/Misrepresentation based on not attending the original job that i was supposed to go to. or it will be denied on Sep 2014.

My question is the officer assumed something that is not correct and made his decision, my lawyer said filing waiver is admitting fraud which i never attend because it was not the case, accordingly to immigration rules having a child that i Raised and cant take with me (I pay child support on time, and my taxes all good and paid since i stepped in this country) , child is NOT considered immediate relative for extreme hardship waiver,on the other hand, not filing waiver will place me in court system for removal, and I can see a judge and fight the point that the offices made his decision according to his thoughts not a single fact, he didn't ask for any proof or any paper or anything, when i went into the interview he was not interviewing he was finding a way to deny it.

anyone had such an experience? and if you did how did it go?

Edited July 10, 2014 by SanDiegoJ1Vawa

[Pitaya 2,577]

~Moved from WST-based AOS to WST-based AOS Progress Forum~

~Inquiry about case status~

[Boiler 45,525]

A child can not file a waiver for a parent, that bit is true.

And I presume you have discussed your Court options with your Lawyer so I am not sure what you are asking.

You have a Lawyer, no Lawyers on this site. Well none that will give you legal advice, they are are not your Lawyer.

[Hypnos 6,576]

The IO couldn't ask about the abuse, but could certainly ask about the divorce.

What was the exact date your divorce was finalised, and what was the exact date you filed the second VAWA application? You can only file VAWA when divorced within two years of the divorce, so if you were over that, even by just a handful of days, then your VAWA should not have been approved.

Beyond that, you may want to scan a copy of the RFE and post it here with the personal information removed to get better advice.

If you did not commence employment with the employer that sponsored you for the J-1 and immediately started another job elsewhere, I can see where they would think you misrepresented yourself to enter the US. If you are inadmissible due to material misrepresentation then it won't matter that you have an approved VAWA I-360, you won't be able to adjust status and will likely eventually be deported, unless your lawyer can do something about it with a waiver (as you seem to be doing).

Ordinarily I'd say get a lawyer, but you already have one. I hope they're good.

Edited July 10, 2014 by Hypnos

[SanDiegoJ1Vawa 0]

A child can not file a waiver for a parent, that bit is true. And I presume you have discussed your Court options with your Lawyer so I am not sure what you are asking. You have a Lawyer, no Lawyers on this site. Well none that will give you legal advice, they are are not your Lawyer.

I was looking for similar situation and to see what option they went with.

The IO couldn't ask about the abuse, but could certainly ask about the divorce.

What was the exact date your divorce was finalised, and what was the exact date you filed the second VAWA application? You can only file VAWA when divorced within two years of the divorce, so if you were over that, even by just a handful of days, then your VAWA should not have been approved.

Beyond that, you may want to scan a copy of the RFE and post it here with the personal information removed to get better advice.

If you did not commence employment with the employer that sponsored you for the J-1 and immediately started another job elsewhere, I can see where they would think you misrepresented yourself to enter the US. If you are inadmissible due to material misrepresentation then it won't matter that you have an approved VAWA I-360, you won't be able to adjust status and will likely eventually be deported, unless your lawyer can do something about it with a waiver (as you seem to be doing).

Ordinarily I'd say get a lawyer, but you already have one. I hope they're good.

I filed the second vawa a week before the 2 years anniversary of the divorce, and was approved already, I attached a copy of the file. originally it was not my attention to look for another job, I just found that with better pay and went for it.

[Boiler 45,525]

The issue seems to be misrep relating to his original entry, before he married.

[SanDiegoJ1Vawa 0]

The issue seems to be misrep relating to his original entry, before he married.

Exactly, i was 20 yo at the time. and found better job offer so i just went.

[Hypnos 6,576]

As you're now finding out, that was a really bad idea.

It looks like there is a special exception for VAWA filers that a child can be a qualifying relative when filing an I-601 for fraud or misrepresentation.

Edited July 11, 2014 by Hypnos

[SanDiegoJ1Vawa 0]

As you're now finding out, that was a really bad idea.

I understand it was, but now, I do have a child that I'm worried about more off than just me, I need to find a solution. ever since he was born he spends 3-4 days a week with me...

[Hypnos 6,576]

See my edited reply above, and check the I-601 instructions, page 6, Section 2b near the top.

[SanDiegoJ1Vawa 0]

As you're now finding out, that was a really bad idea.

It looks like there is a special exception for VAWA filers that a child can be a qualifying relative when filing an I-601 for fraud or misrepresentation.

Thank you

Appreciated, I'd look around to see how strong would it be to file the waiver with multiple lawyers, like i mentioned my lawyer didnt recommend it due to the fact if it was denied it will close all doors in court, but I really appreciate the response hypnos, I will keep tghe forum posted of updates.

[Hypnos 6,576]

I don't see many other options to filing it and hoping, other than a Hail Mary attempt at a "VAWA cancellation of removal". You would need to be in removal proceedings first before you could do that though, and I think it will still be an option even if the waiver is denied.

Either way, your lawyer is the person to go over your options with. Good luck.

Edited July 11, 2014 by Hypnos

[SanDiegoJ1Vawa 0]

I don't see many other options to filing it and hoping, other than a Hail Mary attempt at a "VAWA cancellation of removal". You would need to be in removal proceedings first before you could do that though, and I think it will still be an option even if the waiver is denied.

Either way, your lawyer is the person to go over your options with. Good luck.

uhh! i can do both (waiver and in case denied, cancellation of removal based on vawa),... I thought i couldnt.

[Hypnos 6,576]

As I understand it, you would try for a waiver first. If the waiver succeeds, great, you get a green card. If it failed then you would eventually wind up in immigration court again under removal proceedings. At that point you could attempt a "VAWA cancelation of removal" (note that this is different to normal cancelation of removal).

CoR is basically your last play. If it's granted then you get a green card and if it fails you get deported. Have you not gone over this with your lawyer?

[SanDiegoJ1Vawa 0]

As I understand it, you would try for a waiver first. If the waiver succeeds, great, you get a green card. If it failed then you would eventually wind up in immigration court again under removal proceedings. At that point you could attempt a "VAWA cancelation of removal" (note that this is different to normal cancelation of removal).

CoR is basically your last play. If it's granted then you get a green card and if it fails you get deported. Have you not gone over this with your lawyer?

Thats why I'm here ... I'm doubting his consulting, saying waiver would be a waste and just do the CoR by not filing waiver.