divorce waiver filers, Did you also select battered spouse and got approved? or Is it just me?

[Angel2023 8]

1 minute ago, Mike E said:

1. Then what is the immigration judge’s purpose in a removal proceedings?
 

2. Why is it that multiple sources claim the immigration judge can review the case?

 

3. Why is that multiple sources claim the CPR can bring new evidence and call witnesses to argue the case?

 

4. Why is it that multiple sources claim the immigration judge can make a final determination?

 

5. I’d like to hear from someone who was a CPR and went to removal processings, and presented a divorce certificate.  I’d like to know what actually happened in court and what happens after the judge made a “decision”, and what the “decision” was.  

Okay so here is the thing. If you don't refile the petition, then the judge would do something if you refile, the uscis has to go through the whole process again. They can't do anything about that

[Mike E 11,742]

23 minutes ago, Angel2023 said:

Okay so here is the thing. If you don't refile the petition, then the judge would do something if you refile,

I can’t even begin to parse the above.  You show up at court with a divorce decree or iron clad evidence of cruelty.  You don’t refile.  What does the judge do if the judge doesn’t order deportation?

[Angel2023 8]

7 minutes ago, Mike E said:

I can’t even begin to parse the above.  You show up at court with a divorce decree or iron clad evidence of cruelty.  You don’t refile.  What does the judge do if the judge doesn’t order deportation?

Yes that's when people are sure that they would be granted the residence I guess so that's when they go for it. I guess when they are not sure, they would refile

[Villanelle 4,122]

38 minutes ago, Mike E said:

I can’t even begin to parse the above.  You show up at court with a divorce decree or iron clad evidence of cruelty.  You don’t refile.  What does the judge do if the judge doesn’t order deportation?

You can browse through the user mindthegap posts for a ton of information about 751 denials and court. 

 

I know of a few others who ended up in the court as well but can't think of the usernames. Will try to find some links to their posts later if I can.

 what is the immigration judge’s purpose in a removal proceedings?

 

 

The 751 process is unique because you are technically a LPR, there's just conditions you need to prove to keep it. So there are specific things that only apply in 751 hearings. For a 751 denial removal hearing the Judges role is to review the decision by USCIS and either uphold it and strip your status permanently or reject it and direct USCIS to re-adjudicate.

 

 

2. Why is it that multiple sources claim the immigration judge can review the case?

3. Why is that multiple sources claim the CPR can bring new evidence and call witnesses to argue the case?

 

They do review it. They just can't approve it. They can uphold the denial after reviewing it so if you are denied you need to convince the Judge the denial was wrong hence why you would want new evidence or witnesses.

 

4. Why is it that multiple sources claim the immigration judge can make a final determination?

 

They do make a final determination. But it's limited to either upholding the denial or sending it back to USCIS as the Judge does not have the power to approve it.

 

5. I’d like to hear from someone who was a CPR and went to removal processings, and presented a divorce certificate.  I’d like to know what actually happened in court and what happens after the judge made a “decision”, and what the “decision” was.  

 

This is a very specific scenario. Often users who end up in court disappear from VJ because it's no longer a DIY situation. 

 

Ideally the goal is to get your decree to USCIS asap. If you can't send it when filing hopefully you can send it when they RFE you.  If not your final chance is to bring it to the interview. Sometimes they will give you an RFE for it at the interview if they know you will be getting it from the family court in the coming days. 

 

They also sometimes hold back from submitting your case to immigration court as the courts are severely backlogged so it's possible to submit a new 751 with the decree and have it approved avoiding court all together. 

 

But if your case is sent to court then it must be resolved in the court system by the judge (see #1)

 

For someone who has no other issues besides lack of decree  as in some states you need a mandatory separation period,  I think PA is 2 years(!) then it's possible that your 751 case moves faster than your divorce case and you just won't have it in time and will end up in court.  But since the court is backed up too what tends to happen is you submit the 751. Divorce is pending. 751 is denied. It's sent to court. While you are waiting for court you get your decree. You file a new 751 with the decree.  USCIS processes it while you wait for the court date. You finally get to court and present your decree and advise of the second 751 filing. The Judge will reject the denial of the first 751 releasing you from the court system and USCIS can finalize the processing of your approval.

 

If the denial was for lack of decree + other reasons like failing to establish the relationship having other boxes checked gives you more opportunities to fight the denial. Abuse waiver doesn't require a divorce and allows for consideration on poor evidence as many victims of abuse lack evidence due to the abuse. 

[Angel2023 8]

On 2/22/2022 at 4:41 PM, pompeilife said:

 

I have seen few posts about filing rather with battered spouse or divorce waiver.

I have selected both on my i-751 application and My immigration officer also asked me If I am seeking to remove my conditions based on battered spouse and divorce waiver at my interview. 

I had no RFE,  my i-751 journey took a year, 

I have seen posts saying you cannot do both or something, but yea

I got approved after I selected battered spouse and divorce waiver. 

Is it just me?

you can do multiple waivers!