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A sin

Not sure if it's final deportation

By A sin in Effects of Major Family Changes on Immigration Benefits

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A sin Newbie

A sin   0

Posted
Filed: Lift. Cond. (pnd) Country: India
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Posted

Hi came to USA in 2010 filed assylum 

denied in July 2012 filed BIA apeeal denied in June 2014 filled 2nd circuit appeal denied June 2015 but lawyer didn't inform me I found out this in Feb 2016 after I got married lawyer said I don't have any option to reopen assylum case.. I had problems with wife am trying to file vawa. It's been 2 over years my last appeal denied never applied further. Is final deportation has been settled?? If I file i360 should I file stand alone or concurrenty and how long it can be taken??? I have clean criminal history.. waiting for best advise.. thanks

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Boiler Grand Master

Boiler   45,578

Posted
Filed: K-1 Visa Country: Wales
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Posted

Best advice would be to get a good lawyer.

 

Was the asylum claim deemed frivolous?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,363

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Thread is moved from Off Topic to the Effects of Major Changes forum, where VAWA is discussed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Roel Experienced

Roel   7,192

Posted
Filed: Lift. Cond. (apr) Country: Poland
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Posted

Vawa is not for "having problems". It's for a serious abuse that you also need to have documented.

 

How did you even came to the USA in the first place? Tourist visa? Why did you file for asylum? 

 

Honestly. You had been denied so many times there has to be a reason. It's probably time to go back to your home country. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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mcdull Community Regular

mcdull   474

Posted
Filed: Citizen (apr) Country: Hong Kong
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Posted
18 hours ago, A sin said:

Well am not getting what it means officially .. can u plz tell me briefly frivolous ??

frivolous here means: did you apply for asylum just for the heck of it?

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A sin Newbie

A sin   0

Posted
Filed: Lift. Cond. (pnd) Country: India
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  • Author
Posted

What if I said I have entered marriage with good faith have every proof and all the abuse evidances such as protection order., doctor reports , police report, and shelter report.. should these would be enough for vawa eligibility 

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mcdull Community Regular

mcdull   474

Posted
Filed: Citizen (apr) Country: Hong Kong
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Posted
15 minutes ago, A sin said:

What if I said I have entered marriage with good faith have every proof and all the abuse evidances such as protection order., doctor reports , police report, and shelter report.. should these would be enough for vawa eligibility 

you could try that as your last resort to remain in the States, but be prepared to return to your country.

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Sandra G. Veteran

Sandra G.   5,048

Posted
Filed: Other Country: Brazil
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Posted

If you have proof of the abuse yes you can file Vawa, but you  should find an attorney to  file a joint motion with ICE to close the removal proceedings, if you are in removal of course..Uscis can approve Vawa but  can't approve the AOS  if the removal is open

 Call the 1800 automated number (Google the number)to find out if you are in proceedings or not.

 

I had several cases  they were in removal proceedings. Some of them the asylum cases were denied, and one case was deemed frivolous then  Uscis send an RFE saying the person credibility was compromised because the frivolous asylum.  I answered the RFE  and his Vawa and AOS were approved.

 

Find a pro bono attorney  to help you.

 

Folks if he has a Vawa case he doesn't have to return to his Country. 

 

Join the vawa thread  part 8.

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