Jump to content
TBoneTX
 Share

2,059 posts in this topic

Recommended Posts

Meingandu Contributor

Meingandu   5

Posted
Timeline
Posted

Hello posting a scenario so see what are everybody's thoughts.

 

Given that an individual had a legal status, got married filed i130 and it got denied, now the individual fell out of legal status and was put on removals and had court date and filed EOIR-42B.

 

Filed vawa and given that vawa gets approved, will the individual have to get the 485 with the court or USCIS?

  • Replies 2.1k
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Sandra G.
Sandra G.

Folks I strongly recommend that everyone with a pending VAWA application carry a copy of their USCIS receipt notice and a copy of their I-94. Having these documents on hand ensures that if stopped by

Demise
Demise

Well boys and girls. My I-485 was finally approved today.

Makanaki
Makanaki

This is my journey: 2017 June     Married abuser 2018              filed I130 & I1485 2019              May filed I360 asked for I1485 to be held (did the filing by myself) Pri

Posted Images

OldUser Grand Master

OldUser   8,336

Posted
Timeline
Posted
2 minutes ago, Meingandu said:

Hello posting a scenario so see what are everybody's thoughts.

 

Given that an individual had a legal status, got married filed i130 and it got denied, now the individual fell out of legal status and was put on removals and had court date and filed EOIR-42B.

 

Filed vawa and given that vawa gets approved, will the individual have to get the 485 with the court or USCIS?

While in removal proceedings, I-485 is in court's jurisdiction 

Meingandu Contributor

Meingandu   5

Posted
Timeline
Posted
2 hours ago, OldUser said:

While in removal proceedings, I-485 is in court's jurisdiction 

Gotcha so this will go through court. So step 1 will be EOIR 42, then court may on discretion grant verbal approval and then after many years get a Green Card.

 

Is the assumption correct?

OldUser Grand Master

OldUser   8,336

Posted
Timeline
Posted
Just now, Meingandu said:

Gotcha so this will go through court. So step 1 will be EOIR 42, then court may on discretion grant verbal approval and then after many years get a Green Card.

 

Is the assumption correct?

My understanding is, it's best to demonstrate to court that you have a path to LPR status based on your approved VAWA and ask to terminate removal proceedings so that USCIS could adjudicate I-485.

 

You may need a lawyer to pull this off.

 

This is not a legal advice and I'm not a lawyer. Good luck!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...