Submit a VAWA before Immigration Court removal hearing.

[NadiaUser123 0]

I am in the US starting from 2010. I applied for political asylum in 2010, had one interview, but the case was denied. They froze the case (PD) and they never got back to it. 

Then I got married to an American citizen in 2016, bona fide, we had a real relationship and lived together. We proceeded with the alien relative form I-130, and then filed I-485 while political asylum case was still open. USCIS approved a I-130, but I got denial for I-485. The reason of I-485 denial was that USCIS has no jurisdiction under the case, because political asylum case jurisdiction belongs to the Immigration Judge. 

Then we got divorced in 2021, and my husband didn’t do anything to help me to figure out how to proceed with my documents and immigration status, which I was really confused with. In April 2021 I got an email about master court hearing scheduled for May 2021, but then it was rescheduled to December 2022. 

I know that my case is really complicated. My lawyer suggested to file VAWA, because I have evidences based on real events. I’m not really sure how to proceed and what to expect in the court, so I would really appreciate any advice that can help me with my case or suggest any other possible options.

[Crazy Cat 41,594]

Sounds like you will have a court appearance.  Not much you can do except get the advice of your attorney. 

Edited December 12, 2021 by Crazy Cat

[igoyougoduke 1,644]

31 minutes ago, NadiaUser123 said:

I am in the US starting from 2010. I applied for political asylum in 2010, had one interview, but the case was denied. They froze the case (PD) and they never got back to it. 

Then I got married to an American citizen in 2016, bona fide, we had a real relationship and lived together. We proceeded with the alien relative form I-130, and then filed I-485 while political asylum case was still open. USCIS approved a I-130, but I got denial for I-485. The reason of I-485 denial was that USCIS has no jurisdiction under the case, because political asylum case jurisdiction belongs to the Immigration Judge. 

Then we got divorced in 2021, and my husband didn’t do anything to help me to figure out how to proceed with my documents and immigration status, which I was really confused with. In April 2021 I got an email about master court hearing scheduled for May 2021, but then it was rescheduled to December 2022. 

I know that my case is really complicated. My lawyer suggested to file VAWA, because I have evidences based on real events. I’m not really sure how to proceed and what to expect in the court, so I would really appreciate any advice that can help me with my case or suggest any other possible options.

get a lawyer first. so was your i-485 based on i-130 or asylum ? very confused 

[millefleur 5,046]

**Moved from  US Citizenship General Discussion to Effects of Major Family Changes on Immigration Benefits**

[Verrou 1,960]

i assume u have lawyer based on your post. if you dont, get a lawyer.

16 hours ago, igoyougoduke said:

get a lawyer first. so was your i-485 based on i-130 or asylum ? very confused 

i-130 thats been approved was based on marriage but i-485 got denied because USCIS has no juridicton, Imigration judge does ( Prosecutorial Discretion (PD) need to be closed/terminate first )

[Demise 1,263]

I mean if you want to go the VAWA route you'll file I-360 with USCIS, once you get the receipt notice you'll file form I-485 and the filing fee with the special lockbox in Irving, TX, and file I-485 packet with the court.

 

The court can't rule on the I-485 until USCIS issues a decision on the I-360 which right now takes a bit over 2 years. So you will just get a continuance and a future court date. In the meantime since you'll have a pending I-485 you'll file I-765 (category c09) for a work permit with the Chicago Lockbox. Eventually USCIS will issue a decision, and if approved you'll get an individual hearing which will be basically your I-485 interview. The judge will likely approve the I-485 and terminate the removal proceedings then and then you might need an infopass appointment with USCIS so they'll print your green card.

 

If you are inadmissible and ineligible for AOS under VAWA for some reason. Then instead you'd file form EOIR-42B and filing fee with the lockbox in Irving, TX, and file the VAWA Cancellation of Removal packet with the court. COR gets over certain issues like a permanent bar for illegal re-entry or more than 2 years since divorce. It is limited to only 4,000 grants per year so your case might hang on for a while, however while it's pending you are similarly eligible for a work permit under category c10 and if you win you will get a green card.

Edited December 14, 2021 by Demise

[VolksWagon99 5]

On 12/13/2021 at 9:27 PM, Demise said:

I mean if you want to go the VAWA route you'll file I-360 with USCIS, once you get the receipt notice you'll file form I-485 and the filing fee with the special lockbox in Irving, TX, and file I-485 packet with the court.

 

The court can't rule on the I-485 until USCIS issues a decision on the I-360 which right now takes a bit over 2 years. So you will just get a continuance and a future court date. In the meantime since you'll have a pending I-485 you'll file I-765 (category c09) for a work permit with the Chicago Lockbox. Eventually USCIS will issue a decision, and if approved you'll get an individual hearing which will be basically your I-485 interview. The judge will likely approve the I-485 and terminate the removal proceedings then and then you might need an infopass appointment with USCIS so they'll print your green card.

 

If you are inadmissible and ineligible for AOS under VAWA for some reason. Then instead you'd file form EOIR-42B and filing fee with the lockbox in Irving, TX, and file the VAWA Cancellation of Removal packet with the court. COR gets over certain issues like a permanent bar for illegal re-entry or more than 2 years since divorce.

 

 

 

 

Great Details @Demise!

 

--- Are you saying to file 485 at both Court & special lockbox in Irving, TX?

 

--- Can someone file VAWA COR after 6 years of divorce?

 

---- Whats Form EOIR-42B?

 

"and if you win you will get a green card" - Is it 10 yrs GC?

 

"It is limited to only 4,000 grants per year" - You mean VAWA COR here? Can you pls elaborate process steps for VAWA COR?

Is it like if someone gets rejected for VAWA; he can go for VAWA COR?

 

[Demise 1,263]

24 minutes ago, VolksWagon99 said:

 

 

Great Details @Demise!

 

--- Are you saying to file 485 at both Court & special lockbox in Irving, TX?

 

--- Can someone file VAWA COR after 6 years of divorce?

 

---- Whats Form EOIR-42B?

 

"and if you win you will get a green card" - Is it 10 yrs GC?

 

"It is limited to only 4,000 grants per year" - You mean VAWA COR here? Can you pls elaborate process steps for VAWA COR?

Is it like if someone gets rejected for VAWA; he can go for VAWA COR?

 

Foreword: All of this is applicable only to people in removal proceedings:

 

1. You file just the form and filing fee with the special lockbox in Irving, TX, this is so USCIS will issue you a receipt showing that you paid the filing fee and a receipt number. Then you file the I-485 application, supporting evidence, and the receipt you got from USCIS with the court and serve a copy of the whole package onto the opposing counsel.

2. Yes, there is no time limit to file a VAWA COR application.

3. EOIR-42B is the form used for filing for COR. You file it the same way you'd file I-485 or any other application with the court. You send the form and fee to Irving, TX, get the receipt, and file the actual application with the court and serve a copy onto the opposing counsel.

4. Yes, the GC from COR will be valid for 10 years. You can naturalize after 3 years. The green card will have category code Z14.

5. Yes, the numerical limitations for COR is 4000 grants per year, so there's a few years of wait time before your case works its way through the backlog. This quota is shared between VAWA COR cases and the normal COR where you need to have been a resident of US for at least 10 years and have a USC or LPR spouse, parent, or child who'd suffer an "exceptional and unusually extreme hardship" from your removal. VAWA cases are the easier one since the standard drops to proving the abuse and that your removal would cause extreme hardship to yourself, your parent (if child applicant), or your child.

6. Yes, you can file for VAWA COR if you get denied on your I-360 or I-485 via the normal VAWA route.

 

I personally consider cancellation of removal to be the application of last resort if you literally can't file for AOS for one reason or another. It is pretty much the second hardest application you can file, only second to Convention Against Torture relief.

 

If you need it, don't DIY it, get a lawyer.

Edited December 27, 2021 by Demise

[VolksWagon99 5]

26 minutes ago, Demise said:

If you need it, don't DIY it, get a lawyer.

You're wonderful human being, @Demise !!

 

Any recommendations for lawyer?