VAWA, Part 27

[Dreamer7 19]

On 10/1/2024 at 1:53 PM, Sandra G. said:

 

Average processing time in Tampa is 5/7 months.

They scheduled my interview nov 19!! Any helpful tips I would appreciate. Should I bring anything w me to the interview?

[Meingandu 3]

On 10/2/2024 at 8:58 AM, Demise said:

C10 is pending cancellation of removal. You can try asking your congressman/senator to inquire on your behalf and see what happens. Just give them any reason why you need the employment authorization.

Still, why are you doing COR? There's only a few good reasons to do it:

1. You are inadmissible and don't qualify for a waiver, which for VAWA is very few things since you can overcome things like a permanent bar with an I-601 (in other contexts it's COR or leave for 10 years and then file I-212).

2. The 2 year filing deadline after termination of marriage has lapsed.

3. You were never married (or believed you were married (i.e. bigamy)) and are instead claiming by a mutual out of wedlock child of an abusive USC/LPR.

4. K-1/2 entrants who (or whose parent) married someone wouldn't be eligible to AOS but should be eligible for COR.

 

Unless this is VAWA NACARA which I'll be honest, you'd be the first I've ever seen.

 

You could maybe try a mandamus. Depends if you are confident that it can be approved with no further RFE or NOID. Mandamus just forces a decision, that decision can be good or bad. Also, 1 year on an I-601 isn't obscene so the lawsuit likely wouldn't get far.

 

Main question here is what's the status of the I-601? I-290B reopened the I-485, but approval of the I-290B/I-485 hinges on the I-601. Also I'm really curious about why your case is currently at the AAO. I-485s normally don't end up there (mainly because most grants of AOS are discretionary and don't give you the option to appeal) unless the service center has no idea what to do about you and needs an advisory opinion.

 

So why C10 because after first denial of i485 I was put under removal proceedings. We applied again i130 and 485. Then the relation with wife became shaky during that period and lots of abuse and specially asking for money to fulfill her lifestyle physical abuse was also involved. And threatened to withdraw the 485 petition if I do not fund her. And that’s exactly what she did one day before the interview. She withdraw the petition and we had a fall out because I did not had money or ead to work. The exact line from her during the marraige after first denial was “I married you thinking you will make money since you are an engineer and I’ll have a good life” so the vows thru thick and thin didn’t matter. Hence I was put again u see removal proceedings and had to file vawa which I was not even aware of such thing exists. Thanks to friends and family who told me I can petition under vawa. So that’s why it’s c10

[Demise 1,283]

23 minutes ago, Meingandu said:

So why C10 because after first denial of i485 I was put under removal proceedings. We applied again i130 and 485. Then the relation with wife became shaky during that period and lots of abuse and specially asking for money to fulfill her lifestyle physical abuse was also involved. And threatened to withdraw the 485 petition if I do not fund her. And that’s exactly what she did one day before the interview. She withdraw the petition and we had a fall out because I did not had money or ead to work. The exact line from her during the marraige after first denial was “I married you thinking you will make money since you are an engineer and I’ll have a good life” so the vows thru thick and thin didn’t matter. Hence I was put again u see removal proceedings and had to file vawa which I was not even aware of such thing exists. Thanks to friends and family who told me I can petition under vawa. So that’s why it’s c10

 

Okay so what did you file exactly? The category code you file an I-765 under depends on the basis of eligibility, not whether you're in removal proceedings. It's not uncommon for an application that is just plain incorrect to just sit in limbo until someone finally denies it.

 

If you filed just an I-360 then the fastest category code would be (c)(14) based upon a prima facie and grant of deferred action (this one also requires you to attach I-765WS).

Then there's the (c)(31) you can get upon approval of an I-360.

If you filed an I-360 and I-485 then the correct category code would be (c)(9) based upon the pending I-485. This is the same whether you filed the I-485 with USCIS (in case of which it goes to Vermont) or with the court (in case of which it goes to Chicago).

If you filed an EOIR-42B then yes the code to use is (c)(10).

 

All of these have no filing fee.

[Meingandu 3]

22 minutes ago, Demise said:

 

Okay so what did you file exactly? The category code you file an I-765 under depends on the basis of eligibility, not whether you're in removal proceedings. It's not uncommon for an application that is just plain incorrect to just sit in limbo until someone finally denies it.

 

If you filed just an I-360 then the fastest category code would be (c)(14) based upon a prima facie and grant of deferred action (this one also requires you to attach I-765WS).

Then there's the (c)(31) you can get upon approval of an I-360.

If you filed an I-360 and I-485 then the correct category code would be (c)(9) based upon the pending I-485. This is the same whether you filed the I-485 with USCIS (in case of which it goes to Vermont) or with the court (in case of which it goes to Chicago).

If you filed an EOIR-42B then yes the code to use is (c)(10).

 

All of these have no filing fee.

It’s Eoir 42B. Can’t qualify for c9 since we are divorced and there’s no valid i130 to support it. I360 Is still pending filling date Oct 2022. Currently the processing time as Of today for c10 is 18.5 months. It was 17 months till Monday 10/1/24. 

[Demise 1,283]

8 minutes ago, Meingandu said:

It’s Eoir 42B. Can’t qualify for c9 since we are divorced and there’s no valid i130 to support it. I360 Is still pending filling date Oct 2022. Currently the processing time as Of today for c10 is 18.5 months. It was 17 months till Monday 10/1/24. 

Did you get a prima facie determination on the I-360?

 

Also:

You don't need an I-130 in this case. You can file I-485 with the court on the basis of the pending I-360 and then file for a C9 EAD.

Edited October 3 by Demise

[Meingandu 3]

Yes I did get prima facie. I know I can’t file i130. Only option is i360 with uscis and eoir 42b and i485 with court. Which are already filed. C9 is if I know is applicable only if you are still married. Because c9 is the child application of i130 if I’m not wrong. 

5 minutes ago, Demise said:

Did you get a prima facie determination on the I-360?

 

Also:

You don't need an I-130 in this case. You can file I-485 with the court on the basis of the pending I-360 and then file for a C9 EAD.

Yes I did get prima facie. I know I can’t file i130. Only option is i360 with uscis and eoir 42b and i485 with court. Which are already filed. C9 is if I know is applicable only if you are still married. Because c9 is the child application of i130 if I’m not wrong. 

 

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[Demise 1,283]

11 minutes ago, Meingandu said:

Yes I did get prima facie. I know I can’t file i130. Only option is i360 with uscis and eoir 42b and i485 with court. Which are already filed. C9 is if I know is applicable only if you are still married. Because c9 is the child application of i130 if I’m not wrong. 

 

Yes I did get prima facie. I know I can’t file i130. Only option is i360 with uscis and eoir 42b and i485 with court. Which are already filed. C9 is if I know is applicable only if you are still married. Because c9 is the child application of i130 if I’m not wrong. 

 

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In this case you are wrong. C9 is a child application of the I-485. Pretty much all applicants for adjustment regardless of basis get C9 (be it spouses, VAWA, widow(er), fiance(e)s, parents, children, SIJ, employees, foreign investors, S/T/U visas, etc). Only ones to use different categories are those adjusting via registry (i.e. lived in US since 1972), asylees, and refugees.

 

So all in all, fill out an I-765 with the category code (c)(9)( ), make a copy of the I-485 receipt notice, make a copy of proof of filing the I-485 with the court (normally that's a stamped cover page of the application packet), and if I'm reading this all correctly:

 

 

File based on this chart: https://www.uscis.gov/forms/all-forms/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

Edited October 3 by Demise

[Meingandu 3]

9 minutes ago, Demise said:

In this case you are wrong. C9 is a child application of the I-485. Pretty much all applicants for adjustment regardless of basis get C9 (be it spouses, VAWA, widow(er), fiance(e)s, parents, children, SIJ, employees, S/T/U visas, etc). Only ones to use different categories are those adjusting via registry (i.e. lived in US since 1972, asylees, and refugees).

 

So all in all, fill out an I-765 with the category code (c)(9)( ), make a copy of the I-485 receipt notice, make a copy of proof of filing the I-485 with the court (normally that's a stamped cover page of the application packet), and if I'm reading this all correctly:

 

 

File based on this chart: https://www.uscis.gov/forms/all-forms/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

So the key word is “pending family based” i360 is self petition it is not family based. Usually if it is based off on i360 and alien is not under deportation or removal

proceedings then it falls under cat 765v c27-32. On self petition and with EOIR 42 B it will be c10. 

[Demise 1,283]

31 minutes ago, Meingandu said:

So the key word is “pending family based” i360 is self petition it is not family based. Usually if it is based off on i360 and alien is not under deportation or removal

proceedings then it falls under cat 765v c27-32. On self petition and with EOIR 42 B it will be c10. 

VAWA I-360 is considered family based. From I-485:

 

Similarly you are subject to the 5 year restriction of sponsoring a spouse yourself if you get a green card via VAWA. VAWA quotas are also charged to IR category (if abuser is a USC) or F2A (if abuser is an LPR).

 

Alternatively it would go here:

and before you nitpick "An approved form I-360", I-485 can be filed upon a pending I-360, it's just that the AOS is not guaranteed until that's approved. There is not filing fee, just send it, likely it'd be approved, or it'll just sit around, or in the meantime the C10 will get approved, you do not stand to lose anything here by filing.

 

 

I-765V C27-C30 is something completely else. That's basically temporary protection for derivative spouses of abusive A, E-3, G, and H non-immigrants. C31 is the EAD you can get on basis of an approved I-360. C32 as far as I can tell doesn't exist, the only place I saw it mentioned (I-765 processing time charts) list it as "alien with prima facie determination", the category was never implemented.

 

Edited October 3 by Demise

[Meingandu 3]

28 minutes ago, Demise said:

VAWA I-360 is considered family based. From I-485:

 

Similarly you are subject to the 5 year restriction of sponsoring a spouse yourself if you get a green card via VAWA. VAWA quotas are also charged to IR category (if abuser is a USC) or F2A (if abuser is an LPR).

 

Alternatively it would go here:

and before you nitpick "An approved form I-360", I-485 can be filed upon a pending I-360, it's just that the AOS is not guaranteed until that's approved. There is not filing fee, just send it, likely it'd be approved, or it'll just sit around, or in the meantime the C10 will get approved, you do not stand to lose anything here by filing.

 

 

I-765V C27-C30 is something completely else. That's basically temporary protection for derivative spouses of abusive A, E-3, G, and H non-immigrants. C31 is the EAD you can get on basis of an approved I-360. C32 as far as I can tell doesn't exist, the only place I saw it mentioned (I-765 processing time charts) list it as "alien with prima facie determination", the category was never implemented.

 

Ok let me consult my lawyer. 

[Sunny20 0]

Hello, can someone please help me?

 

I entered the country on a visa waiver program with at the time my US Spouse. Marriage was abusive and i wanted to get out of it. Spouse found out i was going to file for divorce and reported me to ICE. Ice detained me and issued a final removal order. I didn't see an immigration judge as i waived my rights to one by entering on a visa waiver program. (ESTA)

Because of my domestic situation ICE decided to not execute the order and instead allowed me to remain in the us and file for a VAWA petition. My VAWA petition was approved and i later filed I485 which was approved earlier this year and i was granted Lawful Permanent Resident status, even though i had a final removal order.

 

I would like to go home and visit my family, but i am worried if i leave the country i will execute my own removal order and trigger the 10 year bar which would cause me to become inadmissible on my reentry back into the states. 

I am not sure what to do here, do i have to file form i212 and request permission to reapply for admission as a LPR?

Does my new Legal Status not cancel out the removal order?

I read that alot of people file motions to reopen their case with the immigration court to get the removal orders terminated, this is not something i can do since my case was never in the court.

please help!

 

[God is a good God 238]

13 hours ago, Meingandu said:

So the key word is “pending family based” i360 is self petition it is not family based. Usually if it is based off on i360 and alien is not under deportation or removal

proceedings then it falls under cat 765v c27-32. On self petition and with EOIR 42 B it will be c10. 

@Demise is right. I just got my 5 years EAD (C9) based on pending i485 and I got another C31 (2 years based on approved vawa). 

[God is a good God 238]

12 hours ago, Meingandu said:

Ok let me consult my lawyer. 

@Demiseis right, I did c9 ead too based on pending i485. My i485 was denied and filed i290b and after that I filed C9 ead and got it 3 days ago valid for 5 years. I do have another c31 renewal based on approved i360

[Demise 1,283]

9 hours ago, Sunny20 said:

Hello, can someone please help me?

 

I entered the country on a visa waiver program with at the time my US Spouse. Marriage was abusive and i wanted to get out of it. Spouse found out i was going to file for divorce and reported me to ICE. Ice detained me and issued a final removal order. I didn't see an immigration judge as i waived my rights to one by entering on a visa waiver program. (ESTA)

Because of my domestic situation ICE decided to not execute the order and instead allowed me to remain in the us and file for a VAWA petition. My VAWA petition was approved and i later filed I485 which was approved earlier this year and i was granted Lawful Permanent Resident status, even though i had a final removal order.

 

I would like to go home and visit my family, but i am worried if i leave the country i will execute my own removal order and trigger the 10 year bar which would cause me to become inadmissible on my reentry back into the states. 

I am not sure what to do here, do i have to file form i212 and request permission to reapply for admission as a LPR?

Does my new Legal Status not cancel out the removal order?

I read that alot of people file motions to reopen their case with the immigration court to get the removal orders terminated, this is not something i can do since my case was never in the court.

please help!

 

Do a FOIA to see exactly what happened there. Do one with CBP and one with ICE.

 

Like this is a tough situation because an expedited removal just never being executed rarely if ever happens. I'm also not sure who exactly has jurisdiction on AOS with an expedited removal order (probably USCIS since you never made it to actual removal proceedings). Same thing with stays of removal, those generally come with an order of supervision, basically go check in with ICE on the first Monday of each month.

 

Like don't quote me, but what I suspect that might've happened here is basically they gave you the order, and later rescinded it so you can file for VAWA and just planned to reinstate it if the I-360 or I-485 were denied.

 

It is also possible it is still out there somewhere just laying in wait like a landmine, in case of which you'd want to write to whichever office that issued it and ask that they exercise discretion and rescind it on the basis that you were granted AOS. In theory you should be able to file a motion to reopen (with or without form I-290B) with the office that issued it on the same basis (granted AOS) but finding the actual procedures on that is tough since most expedited orders are exactly that - expedited, you get thrown out of the country before a lawyer can do anything.

 

But really, get the FOIAs done because what needs to be done depends on what has actually happened.

Edited October 4 by Demise

[Meingandu 3]

7 hours ago, God is a good God said:

@Demiseis right, I did c9 ead too based on pending i485. My i485 was denied and filed i290b and after that I filed C9 ead and got it 3 days ago valid for 5 years. I do have another c31 renewal based on approved i360

Did you had a pending I130? Were you in removal proceedings?