Demise

The loss is not automatic. 1 year is just the general cut-off before when CBP might seriously question it with the presumption that you've abandoned it (so the burden of proof shifts to you that you planned to come back). Absent you filing an I-407 you can generally try to enter US on a green card and see what happens. CBP can do one of three things: 1. Admit you back in as an LPR - great 2. Try to pressure you into signing an I-407 and leaving 3. Parole you for removal proceedings - then it depends, if you are eligible to readjust (e.g. you are married to a US citizen who can re-sponsor you) you can generally do that then, otherwise you have to convince the judge that you didn't abandon your permanent residency. Obviously not a straightforward option since the green card got lost. Bit late for the boarding foil. I do agree with nastra30, gather up any documents you can (police report of it being lost/stolen, anything to prove that you have something to come back to in US like rental agreements, mortage, bills, paychecks (or if you got let go or put on some kind of sabatical something from your employer that you can get your job back once you've sorted this mess), kids birth certificates and school records, freaking Costco membership you still pay for, discord messages where you lament over losing it and not being able to afford the fee for the I-131A), fly to Mexico/Canada, go to the US border checkpoint and sell your story that it was never your intention to abandon it and it all happened due to a chain of unfortunate events outside your control. Then basically the same stuff as above applies. They can admit you back in they can parole you back in (where you'll need to convince a judge instead). Just don't sign an I-407.

It's a bit more complicated than that due to the whole thing of reinstatement of removal order and the fact that proceedings can be reopened even after physical removal. The fact that there's the whole thing of reinstatement of removal where ICE can revive an old removal order to throw you out again without a day in court, and the fact that you can collapse a reinstatement by reopening removal proceedings. I'd imagine that someone who got deported, and served off the ban, would need a new removal order to get deported again but well, google isn't being really how many such cases have there been? From what I've seen if someone manages to get around something like that they'll drive the speed limit until they naturalize. Then there's also the part that you are subject to inspection, admission, and grounds of inadmissibility if you've done anything to make yourself inadmissible since becoming an LPR, regardless of the time spent outside US. (Seen a case like that, guy became an LPR in like 2006, got two CIMTs in 2007, lived just fine until he went on a vacation abroad in 2016, got detained on entry, sent to removal proceedings, filed I-601 with the court for that which was approved and he got released). The 180 days is just the normal cut-off for cases where no other bullet point applies where CBP can prod if you did anything to abandon your permanent residence in US. Naturalization with expedited order is also murky because the policy manual doesn't touch on that. The pertinent part in INA 318 states "no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act", they do explicitly consider NTAs to be such "warrant of arrest" everywhere except the 9th circuit (Yith v Nielsen). If you are in the 9th circuit I guess Yith v Nielsen could be expanded to you, elsewhere it's a good question. I'd say give the senator/congressman option a try first and see what happens there before branching out because now you'll just drive yourself mad. If that doesn't work then I-212 can be filed prospectively of traveling out. So you could file that and see what USCIS says. If they approve it - great the removal order and relevant ground of inadmissibility got vacated. If they deny it for mootness (i.e. it doesn't apply to you) also great hang onto that denial letter for when you travel and naturalize. Also as an aside - time to naturalize as a VAWA LPR is 3 years, not 5.

On its face - yes. (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, This chapter basically means the entire "CHAPTER 12-IMMIGRATION AND NATIONALITY", which includes 8 USC 1225 (INA 235) which contains expedited removal, 8 USC 1229a (INA 240), which are the normal removal proceedings. Basically if it's in INA it's part of that. So in theory, yes, you would be subject to inspection and admission while seeking re-entry. Like, I wouldn't risk it personally, if you want to YOLO it then maybe you could do that, and if CBP admits you back in - great, if not demand to see a judge and maybe the judge would lift the order? Of course there is the risk that the judge puts fingers in his ears and decides that you've self-deported though then there's at least the out of filing I-212.

Reach out to your senator or congressman. VAWA privacy protections render service requests, infopass, etc, useless. In theory you should be able to write to the service center that has your I-360 directly, in all reality those letters just get lost in the pile. So the standard operating procedure here has been to ask your congressman/senator to ask on your behalf because a signed privacy release lets USCIS release the information regarding your VAWA to them and also the congressional inquiries have to be responded to. I tried to write regarding a change of address once. They didn't find the letter until after my senator's office inquired about it.

Possibly could depend on office or if the office that issued the expedited removal and the one that granted the stay are not the same. That's why I'm thinking that going through the congressman is the best option since that'd get send to the congressional liaison office who then would forward it to wherever it actually needs to go (be it a field office or the HQ) with the stipulation that it needs a quick reply. But yeah, all else fails it'd be safest to naturalize rather than risk executing the order. Regarding that acquintance of yours. Did they try a FOIA with ICE and EOIR and see what pops up? Could also try one with USCIS, my own did return an printout of (incomplete) history of proceedings, not a lot but enough to tell me which court to try with if I was in that situation.

OP got rate limited, so replies will likely take a while. From what I gather here from what OP has already posted and what he said in DMs is: OP entered on VWP with abusive ex. OP filed for AOS. Ex pulled the rug from under him and the AOS was denied. OP was given an expedited removal order by ICE OP was given a stay by ICE to file VAWA/AOS OP filed VAWA/AOS and that was granted. OP checked with ICE and was told that "they are unable to cancel it but they would not enforce it." We are here. So few considerations: VWP comes with the stipulation that you essentially waive all avenues of relief aside asylum. USCIS has jurisdiction over I-485 unless IJ has jurisdiction due to the person being in removal proceedings (and pre-1997 deportation proceedings). This is the part that prevents one to file for AOS with an outstanding removal order generally. Those with pre-1997 exclusion orders for example remain eligible to file for AOS with USCIS and later after approval they have to reopen/terminate the exclusion proceedings. Most expedited removal cases never make it before an IJ unless an asylum claim is made and those that do are essentially "asylum only proceedings". Having an outstanding removal order doesn't make you inadmissible, as those inadmissibilities are triggered upon physically leaving the US (whether on their own or when deported). So all in all it's a mess. Since nothing really prevented OP from adjustment of status. Similarly I couldn't find anything that'd automatically vacate such an order upon approval of AOS. ICE also says that they can't do anything about it. From what I gather OP should be able to write to ICE and basically request discretion in rescinding it, send it to the main OPLA office in DC. But if ICE says no then well, not sure, petition for review? In DMs I recommended to try via a congressman or senator's office. Hopefully ICE will take that correspondence more seriously because it's just hilarious that they claim that they can't do anything about it. If all else fails, just stay put, do your 3 years, naturalize, and screw them.

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.

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.

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

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.

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.

Volume 7 Part A Chapter 8 (Transfer of Underlying Basis) There's no form. You just write the letter to whichever USCIS office that currently has your I-485 (this address would be printed on the bottom of the most recent notice you've received) requesting a transfer, include a copy of the I-360 receipt notice (ideally include an I-864W too), and that's that. The letter can be extremely simple like for example (if you don't have a printer in a pinch you can handwrite it, just make it legible): Alternatively, if you have an interview coming up, you can go to it alone and then depending on whether you have the I-360 receipt notice either bring a copy with you and request the transfer in person (though you should likely just bring the pre-typed or pre-written letter since they do want to include it in the file), or if not, request that they hold your I-485 while you wait on that and mail it in when you do receive it. Then finally, if the I-485 is somehow denied (e.g. ex pulled the I-864) you can just re-file. Recent change to the fee schedule made most VAWA associated forms (relevant here being I-485, I-765, I-131) free to file regardless of ability to pay.

That'd actually make sense. I-485 originated in Irving, TX, but all the time it was in the VAWA unit at VSC it'd be outside of the view of most regular employees. Upon denial it likely got bounced back where it came from originally (so, Irving, TX). So upon filing the I-290B the local office or Irving had no idea what to do with it, and bounced it to the AAO, which then sent it to Vermont. Whoever handled the service request just can't see the transfer to the VAWA unit (because of the privacy protections) and just told you what they can see. So, long story short, to check what's actually going on you'll need a senator or congressman to inquire on your behalf. Normal service requests and infopasses fail on VAWA cases. VAWA unit is also pretty bad at responding directly to applicants so the only way to get an answer as to what's going on is to get congressional help (privacy release lets the representative inquire about a VAWA case and USCIS legally has to take congressional inquiries seriously).

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.

The depends where you count from. Entry? A smidge under 20 years. From I-360 filling? A bit under 6 years (though that was on me since I didn't want to deal with courts for a while, Trump's former AG made getting a termination next to impossible). From I-485 filing? Around 1 year.

If I were to guess they decided that you need an interview, scheduled it, and then caught themselves for some reason. My guess is that the reason for this is because you transferred the underlying basis for the I-485, it was filled out for an I-130, but you are adjusting via an I-360, so plenty of answers on it are just no longer accurate. USCIS doesn't RFE for amended forms (outside of I-864s and I-693s) as far as I know so the only option for them to fix it is summon you for an interview, do the corrections on the spot, and have you sign for them. Then there might be other things they wish to question you over like an EWI, prior removal proceedings, arrests, or convictions. It might also be just plain old bad luck or your case being crazy enough that it makes good training material. When I had my interview the office was empty aside like 2 others who I gather were an asylum case and a marriage case. My own was a VAWA adjustment, after an EWI, after terminating messy removal proceedings (EWI, detained on entry, bailed out, ordered removed in-absentia, reopened, admin closed, recalendared, terminated). There were two trainees present during mine. So I guess I was summoned specifically because I was good training material. When they schedule you really depends on the office in question. If it's somewhere busy like NYC then yeah you'll be waiting for a while. If it's somewhere less busy (like, lets say Boise, ID) then it might be a few weeks out, my own (Minneapolis, MN) was pretty quick. So what can you do? Not much. You can try to maybe preempt the whole I-485 correction process by taking an I-485, filling it out as it stands currently for adjustment on I-360, write AMENDED on top of the first page, include an I-864W if you haven't already, provide documents for anything bad that's new like arrests or convictions, date and sign. Write a cover letter explaining that you are providing an amended I-485 due to a change of underlying basis, other possible factors like a divorce, and just passage of time. Mail that to the field office and who knows, maybe it'll be enough for them to just skip the interview and approve you. Otherwise it is just hurry up and wait. Yeah I know, it sucks, when I filed mine I was checking the status almost daily unless I knew the case literally can't move. So checking daily between submission and RFE for medicals, checking daily between when I sent in the RFE and when I got called in for an interview, and then checking daily between the interview and when the green card finally was mailed (bonus points that I was in the middle closing on a house and moving at the time, the day it was scheduled to arrive I took off from work, went to the old apartment, and would check the tracker between packing and moving down all the remaining stuff, all in all my 7 seater SUV was barely legal to drive, back is completely full, can't see out the rear view mirror, I can barely see out the right one because there's an AC unit in the passenger seat). So yeah, it is anxiety inducing but the relief when it's all done is just incredible.

I wouldn't really put too much weight on the order they arrived in. Emails can be weird, I've definitely had emails come in wrong order previously. Same as I've had emails somehow get stuck and arrive a few days later. Check what it says on uscis.gov for the case status. It could be that they scheduled an interview, looked it over again, and decided that you don't need one or they put some invalid day in (e.g. on a holiday) and cancelled it. It is usually a request for initial evidence since technically it is something that should've been submitted with the I-485.

Not sure why it'd end up in premium processing specifically since premium processing isn't available for VAWA, my guess is that someone checked the wrong box when moving it to Nebraska. It wouldn't hurt to ask your congressman or senator to inquire on your behalf as to what happened there exactly. That being said, Nebraska has a humanitarian unit similar to one in Vermont that deals with VAWA, SIJ, U-visas, T-visas, and possibly some others. The forms do get shuffled around to basically balance the load between the two centers. Processing time I'm not sure, on the bright side as long as you filed for the renewal while the prior c09 was still valid then the extension letter serves as automatic extension for 180 days.

This is one of those reasons to hang onto an old passport that was used to enter into US, since even if you can't find the I-94, the stamp itself is generally enough to prove at least the procedural regularity in admission (you showed up, presented yourself to CBP or in the year 2000 to the INS, and were allowed to enter) which is generally enough for marriage AOS. When it comes to searching online, electronic I-94s became a thing in 2013, so the system likely won't return anything no matter how you try to twist or misspell the name. There's also the big question of how long those entries remain searchable and if they were ported over in the first place. You can try searching for his parents info if he came with them, if you can find their record that'll help in locating his. So, first order of business would be to file FOIA with CBP. That can either be done by filing a paper G-693 or via SecureRelease: https://i94.cbp.dhs.gov/I94/#/faq. Provide as much information as you can to help locate the record like name, date of birth, country of nationality, port of entry, approximate date of entry or range, and information of other people who entered at the same time (like if husband came with parents that information can help track down the record). Another option would be file a FOIA with USCIS for a copy of his A-file. This is unlikely to pull down his I-94 or other record of entry but who knows, maybe he submitted it previously when he first applied for DACA or at least listed the numbers to get another FOIA with CBP going or to file I-102 should that fail.

In general for a child to derive citizenship via a parent all of these have to be true 1. You're a US Citizen (whether by birth, naturalization, or operation of law) 2. Child is a permanent resident 3. Child is living in your physical and legal custody 4. Child is under 18 So in this case: As long as the child is under 18, living with you, and you naturalize while she's under 18 then yes, she will become a citizen by operation of law. USCIS won't issue you anything at your naturalization. You will either need to file N-600 for a certificate of citizenship or apply for a US passport for her.

It takes a while for it to move between "card was produced" and sending out the approval notice. My own was approved in November 2020, I didn't get the I-360 approval notice until March 2021. That being said, the card being printed means it was approved, you simply cannot be issued a C31 without the I-360 being approved. What to do about it really just depends on what the circumstances of your case are: If you already filed I-485 (concurrently with I-360, while I-360 was pending, or transferred an I-485 from a different petition to I-360), then you don't need to do anything. If you haven't filed I-485 yet: If you are able to file with USCIS (not in removal proceedings, didn't enter as a K-1/2 who failed to adjust via the fiance/parent's fiance) - then you can just file I-485 with just the receipt If you are in removal proceedings then you unfortunately have to wait on the approval notice to seek a termination. I'd recommend asking a senator/congressman to nudge USCIS to send you the approval notice. If you are straight up ineligible to file for AOS because you entered as K-1/2 and the VAWA claim came from abuse by some other US Citizen or LPR then it depends if you denoted whether you will file for AOS or do consular processing on the I-360. If you said you'll AOS then you'll need to wait for the notice and file I-824. If you said you'll do consular processing then you don't need to anything, USCIS will forward the petition to the NVC. If you are inadmissible for one of the kiss of death inadmissibilities like false claim of citizenship, then you're basically just screwed and the best you can do is just keep renewing the C31 because there just isn't anything that can be done. You can try to file and argue that it doesn't apply (e.g. due to a timely retraction, or someone acting on your behalf made it) but all in all in a situation like this you're likely just completely screwed.

It depends on what they want to do with you because there's 2 way about this: They can either swear you in the same day right after the interview, or they can send you to a mass ceremony where they'll swear you and a few dozens of others together. In the first case it should be after the 3 year mark. In the second case it can be before, the ceremony should be after the 3 year mark. Should they stray from this (like try to swear you in before the 3 year mark), you should push back and ask them to reschedule and if they still push ask for it in writing that the IO understands that you haven't hit the 3 year mark yet and chooses to naturalize you regardless. There have been horror stories where they naturalized someone too early and then tried to claw it back later, even though you'd likely prevail in court (denaturalization has to come from an article III court, and they do have power over matters of citizenship so you could seek relief like changing the date on the certificate) it's just a massive pain in the rear to have to end up there because the OI can't count. You know, it's like that joke "What nobody wants but everyone wants to win? A lawsuit.".

It can be anything really. Plenty of people get status updates of "updated name" or "updated address" or similar. My suspicion is that in majority of cases that's just a do-nothing status update, basically someone took it off the stack for some reason, and in order to put it back they need to do something to it, and just clicking on update name and then apply is the least intrusive option. So unless someone is actively trying to screw with you and would actually risk jailtime to set your name to something stupid, I wouldn't worry about it.

I-360: $0 I-485: $0 I-765: $0 I-131: $0 I-864W: $0 I-693: $0 to file, civil surgeon will charge you for the medical exam Fee schedule can be found here, and while the fee hikes here and there have been a net negative basically all VAWA forms are free now. Only exception being N-400 and I-290B. Everything else: waivers like I-601, I-601A, I-212 and any related forms like renewal/replacement I-765/I-131, I-751, or I-824 are also free. https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

Priority date has to be current as per the "dates for filing" table or just current in general in order to file I-485. Aside for a I-526 (and maybe some EB-4s since there's like 30 of them) you don't need the petition in question to be approved first and can file while its pending. Currently the dates for filing dates for F2A are like 3 months back. So in theory you could file an F2A I-130 or I-360 and then a few months later file I-485 once the chart catches up. In this case if an I-130 was filed then the I-360 can inherit the priority date even if the petition was denied, withdrawn, or revoked, make sure to attach a copy of the receipt or some other information to help track it down and file I-485 concurrently with the I-360. https://niwaplibrary.wcl.american.edu/wp-content/uploads/Aleinikoff__41696_1B42EBEED3605.pdf