VAWA - After 4 years of divorce

[VolksWagon99 5]

12 minutes ago, Rocio0010 said:

No, it was me. I asked if he had filed for ROC after BIA was approved. Either OP is not telling everything, or the situation is weird

He was denied AOS and BIA remanded to USCIS to look into decision again but that interview never happened. so ROC was out of question anyway

[Rocio0010 5,579]

4 minutes ago, VolksWagon99 said:

He was denied AOS and BIA remanded to USCIS to look into decision again but that interview never happened. so ROC was out of question anyway

Ask him why he never sent the divorce decree

[belinda63 3,031]

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 

He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 

Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 

The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

[Rocio0010 5,579]

4 hours ago, belinda63 said:

For some reason the interview took several years to schedule

The second interview, you mean. They had one, but was unsuccessful, since apparently a vindictive wife gave mismatching answers.

[Demise 1,263]

23 hours ago, VolksWagon99 said:

One of my friend's friend mentioned that he filed VAWA after 4 years of divorce. 

 

Wondering if thats possible; is there any way to file after such long time

Only as Cancellation of Removal.

 

Filing an I-360 is time barred to two years after death or divorce. If an I-360 was filed before divorce or during the 2 year window then it doesn't matter when it's approved, though after the 2 years it's sink or swim, you can't refile if you get denied, you can appeal to AAO, you can sue USCIS in court, but you can't refile.

Edited January 15, 2022 by Demise

[Pinkrlion 2,704]

21 hours ago, VolksWagon99 said:

He was denied AOS and BIA remanded to USCIS to look into decision again but that interview never happened. so ROC was out of question anyway

If he was denied and filed an appeal.  The appeal decision was for the Director of USCIS to review the file and information again.  They have done that, and are now requesting another interview as a result.  Filing VAWA is a moot point, you did not follow eligibility requirements.

[VolksWagon99 5]

On 1/14/2022 at 9:00 PM, belinda63 said:

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 

He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 

Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 

The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

Great analysis! Makes sense.

Two Qs:

- Will he get EAD?

- If denied (i am sure), can he go for VAWA COR?

 

 

 

14 hours ago, Demise said:

Only as Cancellation of Removal.

 

 though after the 2 years it's sink or swim, you can't refile if you get denied, you can appeal to AAO, you can sue USCIS in court, but you can't refile.

 @Demise

Wonderful as always! Are you saying that he can file once but then whatever decision happens he can't file again? What happens to EAD?

Are there any provisions with 2 year bar can be waived?

Edited January 16, 2022 by VolksWagon99

[Rocio0010 5,579]

3 hours ago, VolksWagon99 said:

denied (i am sure), can he go for VAWA COR?

 

I thought you said he’d already applied for VAWA…?

 

3 hours ago, VolksWagon99 said:

What happens to EAD?

As I said, it will be cancelled once he’s denied.

 

3 hours ago, VolksWagon99 said:

Are there any provisions with 2 year bar can be waived?

Not that I can think of.

[Demise 1,263]

8 hours ago, VolksWagon99 said:

 @Demise

Wonderful as always! Are you saying that he can file once but then whatever decision happens he can't file again? What happens to EAD?

Are there any provisions with 2 year bar can be waived?

If he didn't file I-360 within 2 years of divorce then he can't file now. No way around this.

 

He can seek VAWA Cancellation of Removal which isn't time barred. Basically instead of filing I-360/I-485/I-765/I-131/I-864W with USCIS, he would need to get placed into removal proceedings if he isn't already and file EOIR-42B with the court and after that's filed he can file I-765 with USCIS for an interim EAD.

 

I will just say here that COR is basically an application of last resort, it requires one to prove that the abuse happened before the court, prove that your removal would cause extreme hardship to yourself or your kid(s), and the grants are limited to 4,000/yr and that quota is shared with normal non-LPR COR applicants so the case will take a few years to work through the backlog.

 

I am not sure what's exactly going in his case. You said that he was denied, appealed to the BIA, but what was denied and what did he appeal? Was his I-130 denied and he appealed that to the BIA and the I-130 denial was reversed, or was his AOS denied, he got put into removal proceedings, judge re-reviewed the I-485, ordered removal, he appealed to the BIA, and BIA reversed the I-485 denial?

[Rocio0010 5,579]

1 minute ago, Demise said:

If he didn't file I-360 within 2 years of divorce then he can't file now. No way around this.

 

He can seek VAWA Cancellation of Removal which isn't time barred. Basically instead of filing I-360/I-485/I-765/I-131/I-864W with USCIS, he would need to get placed into removal proceedings if he isn't already and file EOIR-42B with the court and after that's filed he can file I-765 with USCIS for an interim EAD.

 

I will just say here that COR is basically an application of last resort, it requires one to prove that the abuse happened before the court, prove that your removal would cause extreme hardship to yourself or your kid(s), and the grants are limited to 4,000/yr and that quota is shared with normal non-LPR COR applicants so the case will take a few years to work through the backlog.

 

I am not sure what's exactly going in his case. You said that he was denied, appealed to the BIA, but what was denied and what did he appeal? Was his I-130 denied and he appealed that to the BIA and the I-130 denial was reversed, or was his AOS denied, he got put into removal proceedings, judge re-reviewed the I-485, ordered removal, he appealed to the BIA, and BIA reversed the I-485 denial?

I think the best way to find out is to a) file a FOIA and b) call the 800 number (can’t remember it) to see if he’s in removal proceedings?

[Demise 1,263]

14 minutes ago, Rocio0010 said:

I think the best way to find out is to a) file a FOIA and b) call the 800 number (can’t remember it) to see if he’s in removal proceedings?

Yeah FOIA with USCIS and EOIR is the way to go. I would also like to see the BIA decision with the identifying information removed to see what exactly they decreed.

 

In regards to the 1-800 phone number for case status information EOIR moved onto an online system: https://acis.eoir.justice.gov/en/

[Rocio0010 5,579]

Just now, Demise said:

Yeah FOIA with USCIS and EOIR is the way to go. I would also like to see the BIA decision with the identifying information removed to see what exactly they decreed.

 

In regards to the 1-800 phone number for case status information EOIR moved onto an online system: https://acis.eoir.justice.gov/en/

I wonder if the EOIR online system is fast?

[Demise 1,263]

1 minute ago, Rocio0010 said:

I wonder if the EOIR online system is fast?

From what I know about software development (which is plenty as that's my actual day job) I imagine that it feeds from the same source as the 1-800 number did. So anything that's a day or two old will be there. At the same time it is also somewhat limited in that it will only give you the next hearing date and most recent decision of the IJ. If it gives you nothing then there's no record of removal proceedings against you so you can be like 98% sure that you are not in removal proceedings.

 

So it's good enough to see if you are in removal proceedings but for anything more detailed you will need a FOIA.

[Rocio0010 5,579]

3 minutes ago, Demise said:

From what I know about software development (which is plenty as that's my actual day job) I imagine that it feeds from the same source as the 1-800 number did. So anything that's a day or two old will be there. At the same time it is also somewhat limited in that it will only give you the next hearing date and most recent decision of the IJ. If it gives you nothing then there's no record of removal proceedings against you so you can be like 98% sure that you are not in removal proceedings.

 

So it's good enough to see if you are in removal proceedings but for anything more detailed you will need a FOIA.

I was just watching Jim Hacking show and he mentioned calling the EOIR line instead of going online. That’s why I was wondering about how accurate it is. Anyhow, I digress.

OP or OPs friend should definitely be made aware that this is beyond DIY now.

[VolksWagon99 5]

11 hours ago, Demise said:

He can seek VAWA Cancellation of Removal which isn't time barred. Basically instead of filing I-360/I-485/I-765/I-131/I-864W with USCIS, he would need to get placed into removal proceedings if he isn't already and file EOIR-42B with the court and after that's filed he can file I-765 with USCIS for an interim EAD.

I heard there's one COR for people who're here for last 10 years, is VAWA COR same? Is Level of Hardship to prove in VAWA COR lower?

 

 

11 hours ago, Demise said:

I will just say here that COR is basically an application of last resort, it requires one to prove that the abuse happened before the court, prove that your removal would cause extreme hardship to yourself or your kid(s), and the grants are limited to 4,000/yr and that quota is shared with normal non-LPR COR applicants so the case will take a few years to work through the backlog.

So, even after approval in this case, one has to wait for the quota for few years to get GC?

 

 

11 hours ago, Demise said:

 

I am not sure what's exactly going in his case. You said that he was denied, appealed to the BIA, but what was denied and what did he appeal? Was his I-130 denied and he appealed that to the BIA and the I-130 denial was reversed, or was his AOS denied, he got put into removal proceedings, judge re-reviewed the I-485, ordered removal, he appealed to the BIA, and BIA reversed the I-485 denial?

It was I-130 denied and he appealed that to the BIA and the I-130 denial was remanded back to reconsider.

 

 

11 hours ago, Demise said:

Yeah FOIA with USCIS and EOIR is the way to go. I would also like to see the BIA decision with the identifying information removed to see what exactly they decreed.

BIA remanded back due to no noted of director on which he based his decision & No NOID issues

 

 

11 hours ago, Demise said:

From what I know about software development (which is plenty as that's my actual day job) I imagine that it feeds from the same source as the 1-800 number did. So anything that's a day or two old will be there. At the same time it is also somewhat limited in that it will only give you the next hearing date and most recent decision of the IJ. If it gives you nothing then there's no record of removal proceedings against you so you can be like 98% sure that you are not in removal proceedings.

 

So it's good enough to see if you are in removal proceedings but for anything more detailed you will need a FOIA.

Its working; and i think lot better than calling. FOIA is always helps. Better to file by yourself or by Attorney for faster delivery? Is it paper file they send?

 

 

11 hours ago, Rocio0010 said:

OP or OPs friend should definitely be made aware that this is beyond DIY now.

Thanks @Rocio0010. Point Noted!