I 485 VAWA Question

[mister_tn 5]

- I'm Male

 

- Mexican Born Citizen

 

- Came to the U. S. Legally through a T. N. Visa

 

- Never crossed illegally

 

- Overstayed T. N. Visa

 

- Clear Criminal Record

 

- Married to U.S. Born Citizen (Female)

 

- Victim of abuse (wife arrested at local Walmart for domestic violence, received an order of protection for a year)

 

- Lawyer filed I - 360 and I - 765 only, lawyer didn't file I - 485

 

- Form I 765 currently on category C31

 

- Lawyer warned me that if I file I - 485 so I can file I - 765 on category c9 it would be dangerous because I - 485 interview would happen first before I - 360 gets approved, that official for the AOS interview would be harsher since I would have to prove the abuse, legitimacy of the marriage, etc all in one go, that getting I - 360 approved first is safer.

 

Some people told me on facebook that the I - 485 would not move at all until I get a decision for the I - 360, is it true? Because if that's the case the scenario described by my attorney is not true at all.

[Mr. Data 26]

In principle I would usually trust professional legal advice over what you heard from "some people on facebook". 

Edited April 9, 2019 by Mr. Data

[mister_tn 5]

I'll just rephrase the question like this

 

If I - 360 and I - 485 get filed concurrently, would the I - 485 be on hold until the I - 360 is approved or are they processed in parallel? Best regards

[escape 91]

Yes, it will. Unfortunately, your lawyer doesn’t understand much about Vawa. Please read the Vawa threads and you will get lots of valid info. 

I have an approved Vawa, filed 485 concurrently, always had work permit. The thread is amazing. Please join.