K1 visa, married other USC instead, VAWA

[Hypnos 6,578]

CoR is going to be extremely difficult (as it always is), but may be your only option, as stated. Don't get your hopes up.

[SingleDad2usc 71]

None of this is easy. Getting a pro bono immigration lawyer is not easy. But this is your first step. Apply everywhere you can.

Once you manage to submit a proper I-360 packet, you'll take yourself out of undocumented status for likely next two years. You won't have any legal US status during that time, but you won't be subject to removal either. So it beats doing nothing, and it also gives you hope to eventually win conditional status. So if your loved ones are dear to you, start pounding the pavement. Lots of work ahead

[JIJourney 96]

Speak to an experienced immigration attorney

[raven52 233]

I feel for you and your problem.,.,.,I honestly think you are a good person, maybe made a poor choice or two, but I hope you can get through, and yes, Sandra, has very good answers..,.,..,Good Luck!

[Petar&Wendy 30]

You need to hire a good lawyer. I'm sorry to hear about all of this! Good luck!

[Sandra G. 5,079]

The Cancellation of Removal will be approved if she establishes that the removal would result in exceptional and extremely unusual hardship to her parent(s) and if she is living here for a continuous period of not less than 10 years .

Edited July 23, 2014 by sandranj

[SingleDad2usc 71]

Of course. I should further add that OP herself is not allowed to bring the c-o-r motion to court. The removal proceedings can only be initiated by immigration enforcement agencies, and only after that c-o-r can be tried as defense.

So the order of steps proposed earlier appears the way to go, albeit a long and trying one. That's why It's hard to recommend hiring a fee attorney, which will add up and be very costly over the years. You really need to keep applying everywhere for pro-bono representation. Also remember to have no mention of your ill parents in your affidavit (in the next two years or so) - that would throw unwanted shadow on your VAWA petition. VAWA petition can only be based on your or your children own precarious position, not any other third party.

Edited July 23, 2014 by SingleDad2usc

[Lithuanian 1]

Thank you all for your time answering my questions, your advice, and for wishing me good luck. I definitely need that. I am so tired of waiting; for 10 years I have been having nightmares, unable to have a career, unable to travel and visit my country and relatives. I agree, it was a poor decision to stay in the United States, when I was only 24. I wish I would have known as much about the immigration laws 10 years ago as I do now. I would have never stayed here and would have instead just come to the USA to visit my parents and sisters from time to time. Unfortunately if I leave now, I will be unable to come here, even if my mom is on her death bed! 10 years of living in the same country is a long period of time and I truly consider myself part of this country.

I can only do my best and hope.

A couple more questions:

Should I do VAWA first and then my USC parents file a family immigration petition for me? Would I need to leave the country to wait out those 8 years?

Would it make sense to turn myself into immigration enforcement agency after my VAWA petition gets approved so removal proceedings can be initiated and I can try to use c-o-r in court?

[SingleDad2usc 71]

Sorry u didn't get the message: there is no path for you to adjust status. However, if you submit proper VAWA packet (after a few months of therapy and document preparation), then you'll get Receipt and Prima Facie within weeks. From that point, you are not subject to removal - although no EAD for you. Say, some six months later your VAWA is approved. Approval notice will be accompanied with Deferred Action for the next 15 months - again, you're not subject to removal. But after that period: you will be subject to removal. Only when you receive a notice about that - so some two years from now - you may be able to use c-o-r defense. If your criminal record is still clean, and if your US citizen parents are in situation of extreme hardship at that time - then your status may be adjusted. I see no other path; but I'm not a lawyer. You need a pro-bono lawyer representing you the entire time, hopefully ASAP. But the Law doesn't allow you to turn yourself in anyway, with lawyer or without. The way legislature always drags its feet, it's unlikely the Law will change all this time. The way I see it: no EAD and no immigration status for you till then. But still it's better that USCIS acknowledges your existence ASAP

[belinda63 3,052]

If you leave now you will have a 10 year ban from returning to the US. Note: the10 years does not begin until you leave the US. Your parents would need to wait to file the petition so the wait for the visa number coincides with the end of your 10 year ban. If they file now your interview will be prior to the end of your 10 year ban and your visa will be denied.

You can go through all the trouble to file VAWA (psychological evaluations, counseling, gathering evidence, etc.) as SingleDad stated and gain yourself some time in the US without risk of deportation but you still won't be "legal". You could file the I-360 concurrently with the AOS (I-485) and obtain a temporary work permit so you could work legally while waiting for the denial. After the I-485 is denied you would be placed in removal proceedings and this is when the COR would be filed. Keep in mind that CORs are currently less than 25% approved. And the COR can't be filed until you are in removal proceedings. Turning yourself in will do no good as they will not accept this and consider it as a voluntary departure.

Edited July 23, 2014 by belinda63

[Lithuanian 1]

Hello all! I am the one who started this topic and want to give you an update and ask what`s next.

I found a pro-bono attorney as you recommended. My Vawa was approved. Also, today I received a work authorization card for one year. My attorney recommended not to file I-485 and instead file an extreme hardship waiver. However, she did not have a case like that before. What would you recommend to do next?

Thank you in advance!

[Hypnos 6,578]

The same answers as before.

Any I-485 you file based on the approved VAWA I-360 is not approvable. Your only chance, most likely, is Cancellation of Removal. This requires you to be under removal proceedings.

[EM_Vandaveer 2,417]

And for that reason maybe you SHOULD file an I-485, the denial of which would put you in removal proceedings eventually so you could go the Cancellation Of Removal (COR) route. However, this is risky, so you need a lawyer who has done that before.

Edited February 19, 2016 by EM_Vandaveer

[Hypnos 6,578]

Good point.