THE IMPACT OF CHANGES IN FAMILY STATUS ON THE ALIEN’S IMMIGRATION PROCESS ~ Part 4 ABUSE

[diadromous mermaid 36]

I'd like to elicit any corrections, recommendations, suggestions on these specific circumstances that can impact an alien's permanent residency process.

THE IMPACT OF CHANGES IN FAMILY STATUS ON THE ALIEN’S IMMIGRATION PROCESS

SUCH AS DIVORCE FROM, DEATH OF, OR ABUSE BY A USC OR LPR SPOUSE

The marriage-based immigration process can take at least a number of years to complete. But what if the journey appears impossible in the case of an alien that is party to a marriage that is abusive?

State laws with regard to civilian’s rights are complex and the manner in which such law issues are interpreted by each state’s court can vary. For general information consult a civil law professional in your area. There are various forms of relief and remedy available to victims of abuse. These FAQs provide information on forms of civilian relief and information for the alien to continue the pursuit of permanent residency, alone, without the assistance and co-operation of the abusive petitioning spouse. Of course, in cases that involve abuse, the circumstances that render an alien able to continue a petition are specific, and it is highly recommended that an alien consult a competent immigration lawyer. (http://www.aila.org)

A: GENERAL INFORMATION

Q: I am a victim of domestic abuse. What can I do?

A: An alien residing in the USA who is a victim of domestic violence can contact any local service or the National Domestic Violence Hotline (800-799-7233) for information on the availability of shelters, mental health care, legal advice and other types of assistance. The National Domestic Hotline may also provide information on how an alien may proceed in securing permanent resident status without relying on the abuser’s assistance.

Q: What types of assistance are available to immigrant survivors of family violence?

A: Immigrant victims have the basic civil right to personal safety and assistance. Regardless of immigration status, a victim is eligible to seek:

·Police assistance

·Emergency medical care

·Shelter

·Protective orders against an abuser

·Divorce, Marriage termination and/or Custody of children.

Victims should be aware that they can request to speak with police and medical personnel without their partners’ awareness or cooperation. Aliens have no obligation to declare immigrant status when eliciting emergency assistance, or when filing a police report or protective order.

Q: I am an undocumented alien and abused. Can I avail myself of any public benefits?

A: Yes. All immigrants, regardless of status or when and how they entered the USA, are eligible for emergency benefits to include:

·Emergency medical care, emergency Medicaid, immunizations, diagnosis and treatment of communicable diseases, emergency mental health and substance abuse services

·Any program necessary to protect life and safety that is not related to income (shelters, food banks)

·WIC benefits

·Summer food programs and school lunch programs

·Public education

Aliens are not required to provide verification of immigration status in order to receive the above civilian benefits.

B: IMMIGRATION RELATED

Provisions of the Immigration and Nationality Act Section 204(a)(1)(A)(iii) of the INA referred to as Violence Against Women Act or VAWA, was enacted in September 1994 and amended in 2000, to permit abused spouses to petition for permanent resident alien status on their own behalf (and for their children), if they meet certain legal criteria, replacing the regular statutory procedures that rely on the spouse to petition for them. VAWA created two primary forms of relief for battered immigrants known as the VAWA self-petition and VAWA cancellation of removal.

Q: Should an immigrant who appears eligible for VAWA remedy consult with a legal services provider?

A: Yes. Persons interested in applying for any of these legal remedies for immigrants are strongly encouraged to speak with an attorney or certified legal services advocate before filing an application.

Q: I can’t afford a lawyer. Is there anyone that can help me?

A: Consult your local Catholic Human Charities office, or the USCIS web page that provides information on free legal advice.

Q: Where can I read more about the provisions of VAWA?

A: The provisions of Violence Against Women Act (VAWA) that relate to immigration are codified in INA Section 204 (a). For eligibility requirements and procedures to file a self-petition, see the Code of Federal Regulations at 8 CFR § 204.

Q: The VAWA Act is called Violence Against Women. What about men that are abused?

A: The provisions of VAWA protect not only women, but men and children as well.

Q: My abuser is not a US citizen. Does VAWA offer any relief for me?

A: Battered spouses a married to either USC (United States citizen) or LPR (Legal permanent resident) are eligible, provided they meet the other requirements defined in the Violence Against Women Act.

Q: How does the USCIS define abuse for VAWA self-petitioners?

A; The legal interpretation of ‘abuse’ for immigration purposes are defined in a broad sense A self-petitioner must establish that she was “battered or subjected to extreme cruelty.” The USCIS recognizes that domestic violence involves power and control, and is not limited to physical abuse. Many VAWA self-petitioners have never been physically assaulted by their spouses, but have been subjected to various other power and control tactics at the hand of their abusers. Such activities include, but are not limited to emotional, economic, sexual, verbal, isolation and threat of revocation of immigration privilege.

Q: Who may be eligible to apply for adjustment of status as a battered alien?

A: You may self-petition if you are a battered spouse married to a USC (United States citizen) or an LPR (Legal permanent resident). Any children (unmarried and under the age of 21) currently residing in the USA may be added to your petition as derivative beneficiaries, if they did not immigrate on a separate immigrant petition.

Q: I see that spouses qualify and can add a child to their petition, but what if I am the child of an abusive US citizen parent or LPR. Can I self-petition?

A: Yes. A child can also self-petition

Q: my spouse abused me. Can my children be added to the petition?

A: Yes. Any children (unmarried and under the age of 21) currently residing in the USA may be added to an abused alien’s self-petition as derivative beneficiaries, regardless of whether they too have been abused.

Q: What is considered a child for VAWA purposes?

A: To qualify as the child of the abuser, the individual must be a "child" as defined in the INA for immigration purposes.

Child - An unmarried person under 21 years of age who is: a child born in wedlock; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoption in the legal custody of the adopting parents for at least 2 years; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

Q: If my child does not meet the definition of a child for VAWA purposes, is there no relief?

A: In this case, the alien child cannot be included on the self-petition, but must be petitioned once the alien parent becomes an LPR and by way of Form I-130, Petition for Alien Relative.

Q: I am filing a VAWA self-petition. Will my abuser be able to find out from USCIS?

A: The battered alien petition, under VAWA provisions, is a confidential process. USCIS is prohibited from disclosing to third parties, (other than to the applicant or anyone with power of attorney) ANY information about the case, to include the mere existence of a petition.

Q: My spouse is physically abusive. I fear for my safety yet I have just married and have not applied for adjustment of status. Must I remain in the relationship in order to secure permanent residency?

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens (USC) or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

Q: My spouse is not physically abusive, but is making my life miserable and is unwilling to participate in my immigration process. Is there anything I can do to adjust status?

A: The USCIS is aware that some abusers misuse control over the petitioning process for an alien relative. This can be in the form of refusal to file relative petitions for family members, who then become fearful to report the abuse or leave the abusive environment because they sense that only their US citizen or Legal Permanent Resident spouse can help them to obtain legal status. An abuser may also coerce family members' compliance in other areas by threatening deportation or by promising to file a relative petition in the future.

For more information on this process, see Visa Issuance or Adjustment of Status for Abused Aliens

Q: Can an abused alien intent on filing a VAWA application get a divorce?

A: Yes. A VAWA self-petitioner has 2 years in which to file a self-petition from the date the divorce judgment is entered. Provisions under VAWA do not call for self-petitioners to be either separated or divorced from their spouses. Self-petitions may be filed while married or divorced, and while living together or separated. After the self-petition has been filed, legal termination of the marriage should not affect the self-petition

Q: I heard that if I am an abused alien but already divorced, I can’t file a self-petition under VAWA. Is this true?

A: The regulations call for the self-petitioning alien to be married at the time of filing and thereafter legal termination of the marriage will not have an effect the self-petition, however, statutory changes introduced in October 2000, allow for the marriage to have been terminated within two years prior to the date of filing. There are also some remedies available to an abused alien spouse divorced from the US citizen or LPR spouse for a longer time period.

Q: My USC (United States citizen) spouse abused me, and we divorced less than 2 years ago. Can I self petition?

A: You may self-petition if you are a battered ex-spouse that was married to a USC (United States citizen) and divorced less than 2 years before filing the waiver, as long as the divorce was precipitated by the abuse. Any children (unmarried and under the age of 21) currently residing in the USA may be added to your petition as derivative beneficiaries, if they did not immigrate on a separate immigrant petition.

Q: What if I was married to a Legal Permanent Resident LPR who abused me, and we divorced less than 2 years ago. Can I self petition?

A: You may self-petition if you are a battered ex-spouse that was married to an LPR (Legal Permanent Resident) and divorced less than 2 years before filing the waiver, as long as the divorce was precipitated by the abuse. Any children (unmarried and under the age of 21) currently residing in the USA may be added to your petition as derivative beneficiaries, if they did not immigrate on a separate immigrant petition.

Q: Does it matter what the grounds for divorce are for VAWA?

A: A self-petitioner, already divorced, must show that the divorce was precipitated by the domestic violence. A divorce based on irreconcilable differences may not necessarily negatively impact a VAWA self-petition as once an abused applicant establishes the existence of abuse in the relationship to the satisfaction of the USCIS requirement, the correlation between the abuse and the grounds for the divorce is implied.

Q: I am a conditional permanent resident, but subject to abuse. Can I file for removal of conditions under VAWA?

A: At this stage in the immigration process, the statutes provide that the alien, if divorce, can petition to remove conditions alone under the waiver. Please consul the FAQs for more information. If the alien is not divorced, he or she will be required to follow other protocol also outlined in the FAQs related to Divorce and Removal of conditions.

Q: My USC (United States citizen) spouse abused me, but died 2 years ago. Can I self petition?

A: You may self-petition if you are a battered ex-spouse that was married to a USC (United States citizen) but the marriage was terminated due to the death of the former USC spouse no more than 2 years prior to filing the self-petition. Any children (unmarried and under the age of 21) currently residing in the USA may be added to the petition as derivative beneficiaries, if they did not immigrate on a separate immigrant petition.

Q: Does the two-year provision also apply to a deceased abuser that was only a Legal Permanent Resident (LPR)?

A: Yes. An alien applicant may self-petition if he or she was married to an LPR (Legal Permanent Resident) but the marriage was terminated due to the death of the former LPR spouse no more than 2 years prior to filing the self-petition. Any children (unmarried and under the age of 21) currently residing in the USA may be added to the petition as derivative beneficiaries, if they did not immigrate on a separate immigrant petition.

Q: I meet the description and qualifications of a battered alien, but how do I apply?

A: The alien submits INS Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and all supporting documentation as required in the instructions to form I-360. The completed submission should be sent by certified or return receipt mail to the Vermont Service Center. The alien is strongly urged to maintain a copy of the submission and all supporting documentation in a safe place away from the abusive family member.

Q: Other than evidence of abuse, are there any other requirements to self-petition under VAWA?

A: Yes, The requirements vary relative to what relationship you hold with the abusive petitioner/sponsor. Qualifying aliens are abused spouses still married to either US citizens or lawful permanent residents, or abused spouses that are divorced either US citizens or lawful permanent residents and divorced less than 2 years from the date of filing the petition. These aliens may apply for themselves and for their abused or non-abused children, even if the children are not related to the US citizen or lawful permanent resident.

An alien qualifies under the VAWA battered spouse provisions, if:

The alien is legally married to the abusive U.S. citizen or LPR or, was married to the abusive U.S. citizen or LPR and divorced within 2 years of the date of filing the self-petition.

The alien currently resides in the United States or has resided with the U.S. citizen or LPR spouse in the United States.

The alien is or has been battered or subjected to extreme cruelty during the marriage, or is the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

The alien is a person of good moral character.

The alien can demonstrate that removal from the United States would result in extreme hardship to the alien and or alien’s children

The alien entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Q: My spouse will not permit me access to money, and the application requires a fee? What can I do?

A: The alien may qualify for a waiver of the filing fees. In order to see if you qualify, please refer to USCIS fee waiver request procedures, and the USCIS INS fee waiver policy memo.

Q: After I mail in the application on Form I-360, what will happen to my case?

A; Mailing your application with return receipt or by certified mail gives the alien an opportunity to know that the petition arrived at the Vermont Service Center. Within a few weeks, the alien should receive a Notice of Receipt from the Vermont Service Center.

Q: What is a prima facie determination?

A: Once the self-petition is submitted, USCIS reviews the petition to determine if the applicant met the petitioning requirements and provided sufficient corroborating evidence. If all appears in order, the USCIS will issue a prime facie determination, issue notice to the alien of the determination that is valid fro 150 days. This notice permits the alien to apply to state and federal agencies for public benefits, under Section 501 of the Illegal Immigrant Responsibility and Immigration Reform Act (IIRIRA).

Q: If I received a Notice of prima facie determination, is my application approved?

A: No. The prime facie determination is an interim notification to allow the alien access to necessary social services.

Q: What happens when my I-360 application is approved?

A: If the applicant does not have legal immigrant status, and may therefore be subject to removal, once the I-360 is approved, the Vermont Service Center may place the self-petitioner in “deferred action”. This places a hold on any further activity to remove the alien for a period of 27 months

Deferred action validity is 27 months for those for whom a visa was available on the date that the self-petition was approved. All others have a validity of 24 months beyond the date a visa number becomes available. Extensions to deferred action beyond those time periods may be requested by the applicant. Applicants in deferred action are eligible to apply for Employment Authorization.

Form I-765 must be filed with the Vermont Service Center and duly noted that authorization is pursuant to 8 CFR 274a.12© (14). A copy of the I-360 approval notice must accompany the Form I-765. Self-petitioners who require a visa number to adjust must wait for a visa number to be available before filing the Form I-485 to adjust status.

Q: What happens when my I-360 application is approved if I am an immediate relative?

A: Since immediate relatives of US citizens (spouses and unmarried children under the age of 21) do not have to wait for an immigrant visa number to become available, upon notice of an approved I-360, the abused alien may file Form I-485 (Application To Register Permanent Residence or Adjust Status) with their local USCIS office.

Q: Are applicants with a prima facie or approval notice of a VAWA self petition eligible for federal public benefits?

A: Yes. Applicants are eligible for federal public benefits, such as subsidized housing. Their children are eligible for CHIP (State Children’s Public Health Insurance Program) and Food Stamps. Applicants that have received notification of their prima facie case may also be eligible for federal means tested benefits (such as TANF and Medicaid) if they entered the country on or before August 22, 1996.

Q: Is there a battered-spouse/child exception to the affidavit of support requirement for adjustment of status?

A: Yes. Prospective immigrants who have the status of battered spouses or children of U.S. citizens or lawful permanent residents may immigrate or adjust without affidavits of support. To qualify for this status, aliens must be the beneficiaries of approved I-360 applications.

Q: I filed an I-360 and divorced my abuser, but have since remarried. What happens to my self-petition under VAWA?

A: An alien self-petitioning for permanent residency will receive a denial on a petition filed after remarriage, or remarries before the self-petition is approved. Alien self-petitioners should be aware that marrying prior to adjustment of status or entry to the USA on an immigrant visa would result in revocation of the approved I-360 self-petition.

Q. My abusive LPR spouse did file a Form I-130 petition on my behalf, but it is still pending? Am I starting the wait from the beginning with a self-petition?

A. A beneficiary of a Form I-130 petition filed by the abusive spouse will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. This is extremely important for self-petitioners who must wait for a visa number, as an earlier priority date will result in a shorter waiting time.

Q: What if I am an abused spouse, but the marriage to my abuser was not terminated, but declared invalid?

A: If the marriage was declared invalid due to bigamy on the part of the USC or LPR abusive spouse, but the victim can prove that the alien believed he or she was entering a bona fide marriage, the alien is eligible to self-petition through VAWA.

Q: Help! My I-360 Battered Spouse Petition was denied. Is that it?

A: If form I-360 is denied, the alien will receive notification of its denial that contains information on how to appeal the decision. Addressing a denial is time sensitive. The statutes provide an alien 33 days to appeal. After an appeal is processed at the Vermont Service Center, the case will be referred to the Administrative Appeals Unit in Washington, DC. For more information, see the USCIS page online, called How Do I Appeal?.

Q: What is VAWA cancellation of removal?

A: This situation calls for expert immigration assistance. Simply put, an applicant, unable to self-petition under VAWA, may apply for this type of defense to deportation and relief if subject to deportation. The alien cannot qualify for cancellation of removal unless he or she is in removal proceedings. The law, Section 240A(B)(2) of the INA, does not explicitly require that a cancellation applicant be the spouse or legitimized child of the abuser. One such example would be the child born to a relationship between an abused alien and an abusive partner that suffered extreme cruelty from witnessing the abuse of the non-married partner would be eligible for cancellation of removal.

Q: Who is eligible for cancellation of removal under VAWA?

A: To be eligible for cancellation of removal, an abused applicant must be in deportation proceedings and either:

Currently or formerly the abused spouse of a US citizen or lawful permanent resident

An abused “child” of US citizen or lawful permanent resident parents, or

An immigrant parent of a child who has been abused by the child’s US citizen or legal permanent resident parent.

If cancellation of removal is granted, the judge will cancel the deportation and the applicant will be granted lawful permanent residency status.

Q: What does an alien need to demonstrate in order to qualify for VAWA cancellation of removal?

To qualify, an applicant must be able to demonstrate that:

The alien lived in the United States continuously for 3 years immediately preceding filing the application for cancellation of removal

The alien was subjected to battery or extreme cruelty by the spouse while in the United States

The alien is determined to have “good moral character”

The alien is currently deportable. However, an abused alien will not be eligible for cancellation if deportable for marriage fraud, certain criminal convictions or due to a finding that the alien is a threat to US national security, AND

The abused alien and child, in the opinion of the Attorney General, would suffer extreme hardship if deported.

Q: Are there any other requirements for the application for VAWA cancellation of removal?

A: Yes. This situation calls for expert immigration assistance. There are various ways an applicant may be eligible for cancellation of removal and additionally several methods to preserve status.

Q: Can the parent of abused children benefit from VAWA self-petitioning or cancellation of removal?

A. Yes. Both cancellation of removal and self-petitioning are available to the immigrant parent of abused children, regardless of whether she is married to the US citizen or lawful permanent resident parent that abused the child and whether or not the parent has also been abused. If the parents are not married, applicants must show a bona fide child parent relationship (Example: signature on a birth certificate, paternity test results, or child support documents that demonstrate paternity).

Q: Are there any other legal remedies for immigrant survivors of abuse, especially if a victim is not related to or in a personal relationship with an LPR or USC abuser?

A: If the abused alien was never married to an LPR or USC, but was victimized in the United States by other means, the new U and V visas are available to victims of certain criminal activity, as well as asylum.

Q: What Is a U visa?

A; VAWA 2000 created a new non-immigrant visa available for certain crime victims This visa addresses status for victims that have suffered substantial physical or emotional injury as a result of being subjected to specific crimes committed against them in the United States. In order to qualify for a U visa, a crime victim must:

Show that the alien has suffered “substantial physical or mental abuse” as the result of a form of criminal activity (or “similar” activity)*

Show that the aliene possesses information concerning the criminal activity, AND

Provide a certification from a federal, state or local law enforcement officer, prosecutor or judge or authority investigating the criminal activity designated in the statute that certifies that the victim has been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the crime.

*Criminal activity includes rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy or solicitation to commit any of the above mentioned crimes.

Q: What is a T visa?

A: The Department of Justice (DOJ) issued interim regulations, in 2002, governing the T visa that addresses status for victims of trafficking. To be eligible for a trafficking visa, an alien must show the following:

The alien is or has been a victim of a severe form of trafficking*

Is physically present in the United States or at a port of entry on account of trafficking

The alien has contacted a federal law enforcement agency (the BCIS, FBI, local US Attorneys Office or the Civil Rights Division of the Department of Justice) and has complied with any reasonable request for assistance in investigating or prosecuting trafficking; AND

Would suffer extreme hardship involving unusual and severe harm upon removal.

*Severe forms of trafficking include: sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or service, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.

Q: Where can I find more reading material on relief provided for battered aliens?A: Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce 01/02/02 Michael A. Pearson

Eligibility to Self-Petition as a Battered Spouse or Child of a U.S. Citizen or Lawful Permanent Resident Within Two Years of the Abuser’s Loss of Status October 2005 Michael Aytes

[Lovetoteach 53]

Hi,

I really found The Vawa Manual 2002 online very useful as it gives hypothetical case studies etc. I think it's about 316 pages long and is written in chapter form starting out with where to actually begin with the procedure to the AOS procedure. I know there is an updated version for 2005 but haven't found this online yet. I referred to this many times, especially with regards to the removal hearing that I found myself in.

Shona

[diadromous mermaid 36]

Hi,

I really found The Vawa Manual 2002 online very useful as it gives hypothetical case studies etc. I think it's about 316 pages long and is written in chapter form starting out with where to actually begin with the procedure to the AOS procedure. I know there is an updated version for 2005 but haven't found this online yet. I referred to this many times, especially with regards to the removal hearing that I found myself in.

Shona

The 2005 edition is available as subscription only. About $125.00, I think.

[Lovetoteach 53]

Yes I believe you are correct. That is what I found when I searched for a more updated version. The 2002 edition is available to read online in PDF format. A good resource nonetheless. Just a shame I don't have $125 to spare.

Shona

Edited January 17, 2007 by shona

[Captain Ewok 1,891]

Added .

http://www.visajourney.com/forums/index.ph...s-immigration-a

[tiger2005 0]

Having a I360 Application pending, and adjustment status application I485 also pending.

I am divorced already, but I received the letter establishing PRIMA FACIE CASE, which shows that I am elegible to get the GC, since I filled both applications before I get divorced.

With these 2 application processing, can I get the travel document, and travel abroad with no issues to come back, even divorced?

thanks

[diadromous mermaid 36]

Having a I360 Application pending, and adjustment status application I485 also pending.

I am divorced already, but I received the letter establishing PRIMA FACIE CASE, which shows that I am elegible to get the GC, since I filled both applications before I get divorced.

With these 2 application processing, can I get the travel document, and travel abroad with no issues to come back, even divorced?

thanks

Having a prima facie determination is not equivalent to an approval of a VAWA petition. You say you have a pending I-485. This must be related to the prior marriage? If you are divorced, why would that adjustment of status application still be extant?

My recommendation would be to enquire with a competent lawyer with regard to planned travel abroad, as you have offered very little in the way of detail and we do not know current status, or if out of status, for how long. My simple answer would be "no, don't leave the country".

[tiger2005 0]

My I485 was pending when I filled for I360. I just divorced after I filled the I360.

After the PRIMA FACIE determination, the USCIS sent me a letter saying that my I485 that was pending was tranferred to VERMONT to be processed together with my I360.

I never was out of status since I came here. I came by K1, married, suffered abuse and filled I360.

I tried to contact immigration and they say that everybody that ha I485 pending or filled for I360 can travel abroad with Advance Parole, but I am not sure if I could go just based in the PRIMA FACIE CASE, or if I should wait this I360 get approved.

Any information will be appreciated.

Having a I360 Application pending, and adjustment status application I485 also pending.

I am divorced already, but I received the letter establishing PRIMA FACIE CASE, which shows that I am elegible to get the GC, since I filled both applications before I get divorced.

With these 2 application processing, can I get the travel document, and travel abroad with no issues to come back, even divorced?

thanks

Having a prima facie determination is not equivalent to an approval of a VAWA petition. You say you have a pending I-485. This must be related to the prior marriage? If you are divorced, why would that adjustment of status application still be extant?

My recommendation would be to enquire with a competent lawyer with regard to planned travel abroad, as you have offered very little in the way of detail and we do not know current status, or if out of status, for how long. My simple answer would be "no, don't leave the country".

[diadromous mermaid 36]

My I485 was pending when I filled for I360. I just divorced after I filled the I360.

After the PRIMA FACIE determination, the USCIS sent me a letter saying that my I485 that was pending was tranferred to VERMONT to be processed together with my I360.

I never was out of status since I came here. I came by K1, married, suffered abuse and filled I360.

I tried to contact immigration and they say that everybody that ha I485 pending or filled for I360 can travel abroad with Advance Parole, but I am not sure if I could go just based in the PRIMA FACIE CASE, or if I should wait this I360 get approved.

Any information will be appreciated.

Having a I360 Application pending, and adjustment status application I485 also pending.

I am divorced already, but I received the letter establishing PRIMA FACIE CASE, which shows that I am elegible to get the GC, since I filled both applications before I get divorced.

With these 2 application processing, can I get the travel document, and travel abroad with no issues to come back, even divorced?

thanks

Having a prima facie determination is not equivalent to an approval of a VAWA petition. You say you have a pending I-485. This must be related to the prior marriage? If you are divorced, why would that adjustment of status application still be extant?

My recommendation would be to enquire with a competent lawyer with regard to planned travel abroad, as you have offered very little in the way of detail and we do not know current status, or if out of status, for how long. My simple answer would be "no, don't leave the country".

I am a little confused as to the specifics of the I-485. According to protocol for VAWA cases where the abuser has already filed a petition on behalf of the abused alien:

.... the self-petitioner may be able to “recapture” the priority date of the previously filed petition, (immediate relative spouses of USCs do not require a priority date) even if the I-130 petition was subsequently withdrawn by the abuser or if the application was denied or its approval revoked.

In addition, if a self-petitioner has an I-130/I-485 relative visa petition/adjustment of status application pending, the self-petitioner or her advocate may either proceed with the adjustment based on the I-130 or ask the INS to withhold adjudication of the I-485 pending resolution of the self-petition.

My sense is that if USCIS pursue the I-360, the I-485 (on the initial marriage) will not be adjudicated. If I-360 is approved then you would receive an I-797 and status and would be eligible to adjust status by way of an I-485. This is a good question for a qualified immigration attorney.

[tiger2005 0]

The information that I got from USCIS was that considering that by the time that I applied for I360, I had my I-485 pending (with fingerprints already taken), they transferred my I485 pending to Vermont to attach it to my I360 petition. So if it is approved, I wont need to reaply for I485 if I had it already in process.

I would like to know what is the percentage, and the next step after establishment of PRIMA FACIE CASE.

I would like to travel abroad, my I am concerned to leave with travel document and have issues to come back, if my I360 is not approved yet, and I just have the PRIMA FACIE CASE.

My I485 was pending when I filled for I360. I just divorced after I filled the I360.

After the PRIMA FACIE determination, the USCIS sent me a letter saying that my I485 that was pending was tranferred to VERMONT to be processed together with my I360.

I never was out of status since I came here. I came by K1, married, suffered abuse and filled I360.

I tried to contact immigration and they say that everybody that ha I485 pending or filled for I360 can travel abroad with Advance Parole, but I am not sure if I could go just based in the PRIMA FACIE CASE, or if I should wait this I360 get approved.

Any information will be appreciated.

Having a I360 Application pending, and adjustment status application I485 also pending.

I am divorced already, but I received the letter establishing PRIMA FACIE CASE, which shows that I am elegible to get the GC, since I filled both applications before I get divorced.

With these 2 application processing, can I get the travel document, and travel abroad with no issues to come back, even divorced?

thanks

Having a prima facie determination is not equivalent to an approval of a VAWA petition. You say you have a pending I-485. This must be related to the prior marriage? If you are divorced, why would that adjustment of status application still be extant?

My recommendation would be to enquire with a competent lawyer with regard to planned travel abroad, as you have offered very little in the way of detail and we do not know current status, or if out of status, for how long. My simple answer would be "no, don't leave the country".

I am a little confused as to the specifics of the I-485. According to protocol for VAWA cases where the abuser has already filed a petition on behalf of the abused alien:

.... the self-petitioner may be able to “recapture” the priority date of the previously filed petition, (immediate relative spouses of USCs do not require a priority date) even if the I-130 petition was subsequently withdrawn by the abuser or if the application was denied or its approval revoked.

In addition, if a self-petitioner has an I-130/I-485 relative visa petition/adjustment of status application pending, the self-petitioner or her advocate may either proceed with the adjustment based on the I-130 or ask the INS to withhold adjudication of the I-485 pending resolution of the self-petition.

My sense is that if USCIS pursue the I-360, the I-485 (on the initial marriage) will not be adjudicated. If I-360 is approved then you would receive an I-797 and status and would be eligible to adjust status by way of an I-485. This is a good question for a qualified immigration attorney.

[scroll 0]

http://www.humanrightsattorney.com/sub/ind...64nksRdm9llKD8c

more good information is here...

[tiger2005 0]

Does anybody know if it is ok travel abroad using the Travel Document with a I485 Pending being processed with I360 WAVA currently with Establishment of PRIMA FACIE CASE?

My girlfriend is in these conditions, and we would like to travel abroad. She is divorced already but with I360 pending and I485 was transferred to be processed in other office.

thanks