Demise

@Boiler Good question whether anything in this case was expunged. Maybe it could be an incomplete expungement like court case didn't show up but the initial arrest did, or maybe they just hassle anyone who trips anything AWA related regardless of the outcome, or maybe there is another convicted pedophile with similar enough name and DOB who tripped the initial review, and then fingerprints dug up the old charges. Anyways also @HowManyLettersFit, to answer the bullet pointed questions: 1. Don't bother. In this case it all hinges on the fact that there was no conviction. Narrative would matter more in case where you need a no-risk determination where mitigating factors matter. So just say as little as you need to. 2. No, USCIS already sends the ones they take to the FBI. 3. Again don't bother for the same reason, that's the kind of stuff that'd matter if you actually needed the no-risk determination.

I'll put in my 3 cents: AWA determination requires specifically a conviction for such an offense (INA 204(a)(1)(A)(viii)). So the only outcomes where it is applicable are: Jury found you guilty (in a jury trial). Judge found you guilty (in a bench trial). You plead guilty or no contest to the charges. You took a plea bargain to a lesser offense that's still listed in the AWA. Other outcomes are not applicable like: Jury found you not guilty (in a jury trial) Judge found you not guilty (in a bench trial) You took a plea bargain to a lesser offense not listed in the AWA Charges were dropped Charges were never filed Charges were never re-filed after a mistrial You were never arrested You were found guilty but later won an appeal which reversed the conviction In your case, you took it to trial and were found not guilty so it's not applicable. So in that regard I'd argue against everyone telling that you absolutely need a lawyer, if you needed the option B where you are actually subject to the AWA and had to prove beyond a reasonable doubt that you're not a risk then yes you would definitely need a lawyer and honestly should probably give up because beyond a reasonable doubt (99.9%) is an extremely hard standard to clear. So yeah, you want to get copies of the indictments and copy of the court order finding you not guilty. For the cover letter just write as little as you need to, something like: " In re: Notice of Intent to Deny, Petition for Alien Relative (I-130) Receipt #: [XXXYYYYYYYYYY] Petitioner: [Your name] [A# if you have one] Beneficiary: [Spouse's name (A#:XXX-XXX-XXX)] On [date] I was charged with (Exhibit A): [List of charges from original indictment] On [date] I was further charged with (Exhibit B): [List of charges from superceding indictment] On [date], following a jury trial, I was found not guilty on all counts. (Exhibit C). Prohibition on filing family based petitions under the Adam Walsh Act as found in INA 204(a)(1)(A)(viii) applies specifically to "a citizen of the United States who has been convicted of a specified offense against a minor" (emphasis added). As such, this situation does not apply to me and any family petition filed by me, as such I ask that you resume processing this I-130. Attachments: Exhibit A - Indictment from [DA office] Exhibit B - Superceding indictment from [DA office] Exhibit C - Court order from [Court] [Signature] [Today's Date] [Your name]"

The denial notice just lists the W2s (twice for some reason). So you know, if he send it in and USCIS lost it then that's another matter (in case of which file I-290B as a combined motion to reopen and reconsider and give them the tax transcript regardless), but taken at face value it looks like he sent just the W2s and that's not enough. They want either the complete 1040 or a tax transcript from the IRS, which again is not a W2 even if the W2 shows the withholdings your job did for you. The transcript looks like this: W2s show how much you made at a job. The thing is that your Adjusted Gross Income (which the number that matters for an I-864) can be reduced by things like capital losses, business expenses, student loan interest, education expenses, alimony payments, etc. and that's a double jagged sword since on one hand you pay less in taxes on the other you can fall under the line to qualify to sponsor a relative. Also, ordinarily USCIS doesn't interview for parent cases because the basis for the eligibility is normally pretty straightforward and there's no "procreated to skirt immigration law". Unlike for spouses where they treat most marriages as possibly fraudulent and interview for both I-130 and I-485 and in case like that, sure they might just let you bring whatever to the interview rather than RFE you and then RFE you for it if you messed up. In some cases like VAWA they might RFE you twice or RFE and then NOID you, but generally if you get an RFE you just want to give them exactly what they ask for even if document A is similar enough to document B (there are some cases where you can substitute one for the other but you need to know what ticks the box they're asking for), even if you want to attack the RFE itself as improper you write that in the cover letter and then attach the documents they want regardless. After you respond to an RFE it's generally just sink or swim, either they'll approve it or deny it, they won't go back and forth with you unless something else unrelated to the original RFE pops up.

Yeah there's your problem. When they say federal income tax return what they really mean is one of the following: 1. Signed copy of 1040 2. IRS Tax Transcript 3. If you were not required to file your taxes then a letter explaining why you were exempt from filing. If you were required to file but didn't, then file, and give them one of the two above. So what do now? Have nephew get a copy of his tax transcript from the IRS (https://www.irs.gov/individuals/get-transcript), make a copy of the I-485 denial notice, fill out an I-290B (tick box 2.a., for reason just write "attached missing tax transcript"), and send that in. Just make sure she doesn't travel abroad in the meantime, the AP if she had one went kaput the moment the I-485 was denied. Alternatively she could refile the I-485/I-765/etc from scratch on the same I-130 provided that's still pending or was approved. Also it wasn't denied out of the blue, it was denied after an RFE, now they might interview and tell you to bring whatever was missing, but generally RFE is either you give them what they want or they will deny you.

I mean, it shouldn't. Generally the biggest concern is the I-360 but yours was already approved and once I-360 is approved you're free to marry someone else. You got slapped with a misrep right? It might actually make the case easier if you can claim extreme hardship on the I-601 for the waiver to yourself (as a VAWA self-petitioner) and the new spouse (assuming the spouse is a USC/LPR) by amending the I-601. Like you've got a case that's somehow even more messy than mine was, but strictly speaking, nothing prevents you from remarrying at this point. So you know, weight your options, if there's no hardship to squeeze out of the new spouse or you (or your lawyer) feel confident that it could be approved if anyone bothered to look at it then yeah give the mandamus a try. Otherwise maybe just sit on it and amend it later.

https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel So basically, file for AOS and as soon as you get the receipt notice for I-485, schedule an appointment, bring a new filled out I-131 and the fee for it, and whatever stuff you have to justify the need for emergency travel. How much extra it'd cost? $630, the I-131 filing fee. You can probably just file I-485/I-765 at first and file I-131 solely with the field office in course of seeking the emergency AP.

You mean like I-693 for the vaccinations and stuff like TB and STDs, or you mean as proof of abuse (be it physical or psychological evaluation, you know: wounds, bruises, ptsd)? I-693: for the most part no. They want that from most applicants for AOS (there are certain extremely rare exceptions none of which would apply here). If you submitted without it previously, then they'll RFE you for it down the line. As proof of abuse: Depends. For the most part they want a psychological evaluation at least for the I-360 however it is not strictly mandatory. My I-360 was approved without that, somehow. For I-751 (battered spouse/child waiver filing for removal of conditions) then it's mandatory there.

Yeah the concern is kinda the fact that DACA AP is actually more permissive. Remember the whole debacle of Trump trying to treat TPSers who originally Entered Without Inspection who then got AP as continuing to be EWIs? That came in part to some section which was essentially treating TPSers who re-turned as resuming their prior status. That obviously didn't get upheld because courts have long held that the "admitted or paroled" requirement in INA 245(a) only requires procedural regularity - you showed up at entry port and as long as you didn't pretend to be a citizen and were let in you satisfy it. Even if that entry was by fraud or negligence of the inspecting officer. Like the question isn't the "entry" part of it, it's if the old K-1 is still somehow dangling over you since a K non-immigrant can only AOS based on a petition from the person who got you said K visa. Anyways I shot that person a message and until I hear back I don't really have much else to add. Now they did try to use AP, got a new I-94, and were denied due to the old K-2. Like personally as is, my advice would be - yeah sure try that, but be ready to file proceed via the DS-260/I-601A process if that fails.

Now, don't quote me on it but I do know one DACAer who was a K-2 overstayer (same rules apply) who tried that (left and re-entered with AP) and was denied. Your problem isn't TPS, your problem is the K-1. Now, I'm having a hard time finding anything to explain this specific situation, policy manual sucks and I suspect that there might not be a concrete rule in this case (i.e. does AP wipe a prior K-1). So, you can try that, but you should plan on needing an I-601A waiver instead. Or just skip that part and just proceed straight to an I-601A and consular processing since that definitely will work. I'll shoot the aforementioned a message and see if I can get a copy of the I-485 denial and what exactly USCIS wrote there.

Listen, send it in, you don't really stand to lose anything by asking something they might've been doing already.

Yeah, send it to Lawrence Field Office. Honesty this is something you should've done way back when you got the I-360 receipt notice. They normally only hold those things for 30 or 60 days so I guess you did get lucky with that regard that they didn't just deny it sometime in the past years. Also yes, if you don't tell them "hey, got my I-360 approved, unfreeze my I-485 and transfer" then they won't because the very reason why your I-485 is still sitting in abeyance is because it fell through the cracks.

What do you mean by "was not really correct"? Now I will admit, I am far from expert on Nigerian marital law however looking at the DOS Document Reciprocity for Nigeria (https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html) we can find this: Many divorces for customary marriages will have no written record. Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. Many divorces for customary marriages will have no written record. Marriages under native law and custom will also be dissolved by custom; many of these divorces are not recorded while some are recorded by a sworn affidavit after the fact. Islamic marriages may be dissolved in a Sharia Court. Like if this is a divorce decree from a Customary Court or a Sharia Court then it would still count. Similarly an affidavit just recording that you've went your separate ways would also count. As would a sworn affidavit to the same effect. If there's no official record then there's no official record and yes, US agencies do acknowledge that some countries have way looser laws. Regarding your spouse filing for annulment, annulments are extremely difficult to actually pursue, some states allow it based on fraud (where the burden of proof is pretty damn high) and all permit it based on bigamy. If the prior marriage was dissolved under whatever laws are in effect in Nigeria then he doesn't really have a leg to stand on unless you've literally shook hands and went your separate ways after getting married. I swear, way too many salty US Citizens who got divorced will allege fraud or file for an annulment thinking that will get their ex deported. In this case fight the annulment on the lack of basis for it, seek a divorce, and you'll be fine, you'll remain a citizen and the kids' I-130s will be fine too.

Well you've got two options: Option 1: Transfer of underlying basis: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8 Write to the office that has your I-485, explain roughly what happened (I-485 was held in abeyance, you've filed VAWA I-360, I-360 was approved, you're asking that they transfer the basis for that pending I-485 to the I-360). Include a copy of the I-360 approval notice and I-485 receipt notice. Option 2: File a new I-485. I'm not sure which is better since I don't know what they'd do with the old I-485 at this point, likely send it to Vermont, who'd then send it to the NBC, who'd send it back to the field office.

Did you ever transfer the I-485 to the I-360, or did they just put them in abeyance and nobody has ever followed up on this?

Yep.

Why is it being treated as an initial? Are you renewing late?

Yeah there's no point in filing it before they demand it. Like you can have it all ready to go if they RFE you for it, but just wait until they do RFE you for it. I am not sure if they do allow e-filing for VAWA C09 EADs. You can try and see what happens, regarding withdrawing the other one, honestly don't bother, they will likely close one as a duplicate. Might not be the worst idea to ask your rep/senator to nudge them on your behalf.

I have previously, and this is part of the email that my senator's staffer got from VSC: " Your constituent filed as an I - Self-Petitioning Spouse of Abusive U.S.C. or LPR (VAWA). Your constituent states she completed an AR-11 change of address. Unfortunately, Form AR-11 cannot be used to change the address on VAWA forms. Given that this is a VAWA case, your constituent will need to provide a letter with an original signature that matches what we have on file. The letter will need to provide the new address, and state “this is my new Safe Address” or “I would like my new Safe Address to be ____”. You may submit a scanned copy of the signed/dated letter to the Vermont Service Center Congressional Unit. Also the letter needs to list the receipt number of the form(s) the change of safe address applies to or state all immigration matters. " Now, in my case I've sent in an AR-11 and a letter with roughly the correct wording (I think I wrote something like "my new VAWA mailing address"). After my senator inquired that's when they finally found the letter and applied the change of address. So what I'd recommend is to write said letter, print it out, sign it, scan it, give it and a privacy release form to your representative/senator, and have the rep/senator give it to VSC, then a few weeks later they can follow up on your behalf. Like VSC is a black hole for any kind of correspondence which is why "ask your rep/senator for help" has become common practice here because by law they have to answer congressional inquiries. Also, no, they don't give any kind of acknowledgement if they accept the change of address, which once again is why having a rep/senator on the case is a good idea.

With one petty theft and one trespass you should be fine. Like bring a lawyer to the interview if they do decide to interview you, say only as much as you need to, and you'll be fine. If you want a further explanation, there's two things at play here: 1. Good moral character for VAWA: https://www.uscis.gov/policy-manual/volume-3-part-d-chapter-2 (scrolldown to section G), none of the elements really apply here aside the CIMT one, and; 2. Crimes involving moral turpitude (CIMT): Now, thefts in general are CIMTs, trespasses are not. CIMTs in general make you inadmissible however one petty theft would be covered under the "petty offense exemption" - basically the maximum sentence possible is under 1 year and you've got less than 6 months for it. In the unlikely event that they want an I-601 from you, well, you'll just have to file that, just wait for them to first demand it. On the bright side CIMT waiver is available for VAWA self-petitioners solely on the basis of being a VAWA self-petitioner.

See, the trick to defeat a DUI is to get out of the car, chuck your keys off the side of the road, and chug a bottle of vodka. (this is a joke, please don't do this, also don't drive drunk kids)

It's been taking like 4-6 weeks lately if memory serves me. One thing to keep in mind that C31 is only issued subsequent to approval of I-360. Likely instead you should be filing I-765 under category code (c)(9), as that's the one that's generally issued for 5 years and can be on a single card with AP and only requires a pending I-485. Just putting that out because it's a pretty common mistake that people have been burnt on. I'll be honest with you and say that I have no idea. Expedites in general are discretionary (short of the policies of emergency parole), ask your senator/congressman to ask for you and hope for the best. Like that's the thing about asking for anything really, worst that can happen is that you'll be told no.

Mind quoting the post in question. I've looked through the AMAs (both for lawyers and for plebs) and there's not much regarding parole there (searched mainly for "parole", "AP", "131". Most direct Q+A are: Q: Is advance parole still being granted more-or-less routinely for applicants with a pending I-485, or do you expect there to be a move toward requiring a particularized humanitarian need? A: I think I-131s will continue to be processed as normal for pending AOS applicants. But for those out of status and looking to travel without pending AOS, I think those will be very limited. Q: Is it traveling with an i-131 advance parole going to be more difficult now? Just curious on what’t your take. A: I'm not CBP, I do not admit people at the border. Q: might be strictly CBP related, but still thought id give it a try - There are alleged reports of changes to the way AP re-entries are processed (regardless of the changes in asylum based APs) with more checks and tiers of approval that make the re-entry process longer and potentially more risky(?). Do you have any insight on the topic? A: That's a CBP question. We issue AP, CBP has discretion for re-entry. In fact, I usually tell that to people with AP that you may have it, but it isn't a golden ticket back it. To me it looks mostly like status quo here. They might make it hard (or impossible) to get AP via DACA or TPS, but for AOS it doesn't look like he suspects anything to change. Other parts are just the usual evasive answers regarding AP where yeah technically it does not guarantee that you will be let in but that's always been the case.

Do you know what subreddit it is or who the author is? I can find it myself, just need to know where to look.

Do you have a link to the AMA? I swear every time something changes there's always some panicked piece out of some law office that tells you to hire a lawyer. Only official document I could find is a memo from the Carrier Liaison Program: https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf. Like do they have actual examples where this happened or is it just "oh you know, it might happen" similar how tomorrow you could be struck by lightning. Also, in either case, the question was about domestic air travel, so you know, show TSA a driver's license, and that's likely that.

Don't see why not.