Demise

No, I already mentioned this before. While nothing in the regulations or policy manual directly addresses death, it does address a loss of citizenship (which is not a factor), and any kind of legal status ends with one's death. There is also no requirement for the ex to be alive. This for example is why posthumous citizenship for soldiers who are KIA is backdated to the date of their death. Can't grant citizenship to a corpse and because they are considered to have died as a citizens a next of kin spouse is eligible to self-petition as a widow(er) now.

Well this is still something that should still be argued regardless because the officer did act contrary to policy where USCIS is not supposed to inquire or demand further documentation regarding the ex-spouse. Moreover the only claim of error could be made in regards to the I-360 which is something field office workers are not supposed to inquire about or attempt to re-adjudicate. In order to try to pull the I-360 back regarding whether the ex was a citizen or not the officer would need to somehow come into information that the spouse was not a US citizen. Obviously whatever Braveheart123 gave to VSC was enough to establish the ex's citizenship whether the ex was a naturalized citizen (where they could find him in his own records), or if there was a previous I-129F/I-130 filed for Braveheart123 or for any other person, or if they maybe had to inquire with the DOS, SSA, or any state agency. In similar vein there's no requirement for the ex to have remained a citizen (which might be at least one angle the IO is trying to push, well he was a citizen, is he still?) and indeed in this case it looks like the ex is dead. Like where's the logic to demand a passport of the abusive ex during naturalization when the citizenship was already established during the I-360 adjudication, like VAWA already comes presumption that one has to work with scraps. Finally, the voting record might've been the linchpin proof since well, have to be a citizen to vote outside of a few localities which likely split the registration into two parts.

Bolded is the only part that really matters since this wouldn't be a travel under VWP, so passport + AP should be enough to seek re-entry into US. That being said, is there chance that you get denied - sure, unlikely but it does exist. Of note is that coming back on AP tends to trigger secondary inspection where they will make you sit at an office until they clear your AP with USCIS. Personally I'd save yourself the anxiety and just wait until you have your green card in hand.

1. Somewhat. The expiration date on the visa is the date you have to enter by. You're in, so the expiration date doesn't matter anymore. You might notice the text that says "Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year", basically the now expired visa and the stamp on or next to it is proof that you're a permanent resident, valid for 1 year since your entry. So if you were to misplace your green card until April 24, 2025 the stamped immigrant visa can be used in place of a green card for stuff like work or travel. Reason for this is because sometimes USCIS can be a bit slow to print the actual green card and that's an interim proof. 2. Since the day your residency began. So 90 days before April 24-25, 2026. So yeah, late January to February is where you should file an I-751 for removal of conditions and you really need to get it in by April 25, 2026. In terms of the visa, yeah, there's nothing to renew right now. Yes the green card is the document that matters.

"If the beneficiary is currently in the United States, complete Items Numbers 46.a. - 46.d." So if the beneficiary is NOT currently in the US then skip numbers 46.a-46.d. So on 45 you'll mark yes. 46.a. to 46.d. you leave blank. 47. You'll put in her passport number 48. You'll leave blank (that's for if one has entered US on something other than a passport) 49. Country that issued the passport. 50. Passport expiration date

Short answer: Yes. Complicated answer: INA 334(a) controls that. The law just says "3 months" before meeting the residency period under Section 316 or Section 319. Section 316 is the general 5 year naturalization provision. Section 319 is the 3 year naturalization provision which is either by marriage or by VAWA.

It shouldn't be a factor. Using a fake SSN all in itself doesn't trigger any inadmissibility. It is also not identity fraud to use a solely made up SSN which may or may not belong to someone and you have no idea if it does and to whom (Flores-Figueroa v. United States). Misrepresentation only triggers if you lie somewhere in the immigration process. Lying about one's status outside of that doesn't trigger any admissibility as long as you don't claim to be a US Citizen. Other questions your friend should be asking himself: Did I enter by fraud (e.g. on someone else's documents)? In case of which he should be filing an I-601 for fraud rather than I-601A for unlawful presence, on the bright side the fraud entry counts for AOS. Did I ever claim to be a US Citizen? In case of which he's likely screwed. Are there any criminal reasons that'd make me inadmissible? Was I ever in removal proceedings? Basically anything that would elevate the case from being solely about unlawful presence.

It looks like he's an LPR for an indeterminate amount of time since the NBC article says "Just days before their trip, she said he received his recently renewed Green Card". At least 10 years but he equally well might've been an LPR back when he originally enlisted. However naturalization under the military provisions should remain as a defense to removal. Of note are INA 328(e) (8 USC 1439(e)): Moral character: "Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of section 1427(a) of this title", which points to: INA 316(a)(3) (8 USC 1427(a)(3)): "during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States." INA 318 (8 USC 1429) Prerequisite to naturalization; burden of proof: Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as provided in sections 1439 and 1440 of this title 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; and no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act: Provided, That the findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien pursuant to the provisions of this chapter, shall not be deemed binding in any way upon the Attorney General with respect to the question of whether such person has established his eligibility for naturalization as required by this subchapter." Sections 1439 and 1440 are INA 328 and 329. Then finally USCIS Policy Manual Volume 12, Part I, Chapter 3, A: "The applicant must demonstrate good moral character for at least 1 year prior to filing the application until the time of his or her naturalization." So it's kinda on him for not seeking naturalization while in active service, and not seeking it after meeting 1 year of good moral character following the drug conviction, timing would depend on when he completed his probation but I doubt he'd be in probation that long, he could likely still argue that INA 328(e) exempts him from the normal good moral character requirements.

N-400 you have to pay the fee or get a fee waiver, unlike most other things that are just blanket free for VAWA beneficiaries these days regardless of your ability to pay. In order to get the I-912 fee waiver approved the normal requirements apply: You, your spouse, your child, or your parent (if under 21 or disabled), are receiving a means-tested benefit. Your household income is at or below 150% of US poverty line. You are currently experiencing extreme financial hardship, including hardship from unexpected medical bills or emergencies, that prevents you from paying the filing fee. https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

That's correct. 3 years under VAWA, you can file up to 90 days early which in your case will be September 3rd. You should be able to file it online.

1. Generally employers are not required to re-verify employment authorization for permanent residents if they presented a green card. With LPRs reverification is only required for ADIT stamps (aka I-551 stamps), MIRV (the endorsement on/near an immigrant visa), and expired green cards w/ extension letter from I-751 or I-829. Looking at the rules, reverification is not required for a CLPR who presented a valid green card on hire, even if it's a 2 year one. https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/71-lawful-permanent-residents-lpr 2. IRS doesn't really care or verify whether or not one is authorized to work. They will happily take their cut from someone whose employment authorization has expired or someone who never had one in the first place. Being a "resident alien" from immigration standpoint and being a "resident alien" from the tax standpoint are two different things. Anyways back to the OP: Tell your friend to get a lawyer. USCIS does permit late filings of I-751 (regulations require for good cause, but USCIS tends to play a bit loose with that) and a lawyer should be able to dress it up so USCIS will accept it.

Also bit of a follow up since my previous post is outside of edit window: While the changes in the fee schedule are a net negative, they are good for VAWA self-petitioners since now: VAWA I-485 is free (previously you had to pay the filing fee or get a fee waiver) Initial and renewal VAWA AOS I-765 and I-131 remain free. Renewals will become less of a factor since AOS EADs are issued for 5 years now. Replacement VAWA AOS I-765 and I-131 are now free too. The issue of the donut hole caused by getting a fee waiver on I-485 where you had to pay for I-765/I-131 or get another fee waiver is gone. Waivers (I-601, I-212, I-601A) are now free. I-290B on reopen/reconsider on VAWA AOS (all associated forms) are now free. If you have kids abroad I-824 for follow to join for them are now free. Technically getting a new approval notice is free too but I'd just recommend doing a FOIA to get a copy or asking your senator to poke USCIS to re-send it.

I don't believe there's anything in the regulations entitling you to supervisory review, outside of getting denied and appealing using form N-336. It's more just a matter of USCIS's internal procedures - generally rank and file employees don't have the power to make a decision on the case. They make their determination and then bring it to their supervisor to enter a decision. In any case, asking for it can't hurt because maybe the employee will just go "huh, yeah, that makes sense" and reverse themselves, or the supervisor will see that sentence and pay closer attention to it. It is possible for the application to go from the employee to the supervisor to the director of service center to USCIS counsel. So just ask for it, worst case scenario - you get denied and will have to appeal, which is where you're going if you don't fight now. You can file it yourself. All you need is fill out forms I-765 and I-131 and include copy of the I-485 receipt notice. So this is something I found out not even 10 minutes ago, according to the fee schedule: https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf There is no filing fee for the following forms for VAWA self-petitioners and derivatives: I-360 (page 14) I-485 (page 16) I-765 (initial: page 35, renewal: page 37, replacement: page 39) ((c)(9) category code only, i.e. pending AOS) I-131 (page 8 ) I-212 (page 12) I-290B (only for I-485 and forms associated with it, page 13) I-601 (page 19) I-601A (page 20) I-824 (page 23) I'd include an index of documentation, something like Index of Documentation Re: Renewal of Employment Authorization and Travel Authorization as a VAWA self-petitioner Applicant: Your Name (A#XXX-XXX-XXX) Form I-765 Application for Employment Authorization (exempt from filing fee, G-1055 page 37) Form I-131 Application for Travel Authorization (exempt from filing fee, G-1055 page 8 ) I-485 receipt notice as a VAWA self-petitioner Then this gets sent to: USCIS Vermont Service Center 38 River Rd. Essex Junction, VT 05479-0001

That'd be an interesting argument to make. "No Mr. Immigration Officer, my ex is still alive, yes I know he was buried a year ago but he's still voting every election".

Honestly I recommend just getting a lawyer, however in my digging I was able to find this pretty old policy memo: https://asistahelp.org/wp-content/uploads/2018/11/DOJ-Policy-MemorandumL-Instruction-Regarding-the-Expanded-Meaning-of-Section-319a-VAWA-natz-memo.pdf Alternatively, less clear but current: PM Volume 12, Part G, Chapter 3. F.2: Highlighted sentence is the relevant one. It is a good question if a corpse remains a US Citizen after death (I believe the answer is no but I really can't be bothered to look). But the PM states that's not a factor.

In your case - resident since date on the green card. There's three requirements and it's basically whichever was last + 3 years: 1. Need to be married to a US Citizen (USC) for at least 3 years. 2. Need to be a permanent resident (LPR) for at least 3 years. 3. The US Citizen spouse must've been a US citizen for at least 3 years. For example if an LPR marries a USC then the 3 years would count from the date of marriage. If someone marries a USC and then gets their green card (by any means) - then it's 3 years from the resident since date. If two LPRs were to marry and shortly thereafter one would naturalize then it'd be 3 years from the now USC's naturalization.

Just make sure to send the I-765 and I-131 together because then USCIS tends to consolidate them and issue what's known as a "combo card", which is basically an EAD with an annotation that says "Also serves as I-512 Advance Parole" making it good for international travel and it's valid for as long as the EAD will be (5 years). Otherwise the advance parole is issued on a piece of paper, so you know, less durable, more likely to get lost in pile of paperwork and I'm not sure if they issue those for 1 year or for 5 years.

He can file I-765 for an EAD while the I-485 (AOS application) is pending. Previously it was free and I'd just blanket recommend filing for it, right now it depends: If the I-485 was filed before April 1, 2024 - the I-765 remains free to file, so just go ahead and do that. If the I-485 was filed after April 1, 2024 - the I-765 costs $260. Considering that I-485 tends to take over a year and you probably won't see an approval in the near future, I'd recommend filing it because an approved I-765 will let him work, get a social security card, driver's license, and the EAD is a valid federally issued ID good for domestic air travel and whatever else. Note, for category code use (c)(9)( ), NOT (a)(6)( ). C9 is based on the pending I-485 and they are currently issued for 5 years. A6 would be based on admission as a K-1 and would expire the same day as the K-1, in the ideal scenario that'd result in an EAD that's valid for a few days so that's just something that should never be filed. An approved I-765 will not let him travel abroad, would also need to file I-131 for that (free if I-485 was filed before April 1, 2024, $630 after which I think is a huge ripoff).

You can ordinarily only adjust status from ESTA or/and after an overstay as an immediate relative of a US Citizen (spouse, parent, unmarried child under 21). Child of LPR wouldn't be able to adjust partly due to arrival on ESTA (INA 245(c)(4)) and partly due to the overstay (INA 245(c)(2)). Only options would be for the mother to naturalize first or for the kid to undergo consular processing abroad. Minors do not incur re-entry bans, so a waiver shouldn't be needed for consular processing. Well, since the kid is 9 the best option would be to file I-130 denoting that the kid will undergo consular processing. Make sure the kid leaves before incurring a ban. Then go attend the consular interview. One major screw up that happened here was not adding the kid to the petition or if the kid was born after issuance of the immigrant visa just taking her with the mother. A child born to an LPR mother visiting abroad or a parent in possession of an immigrant visa that's still valid can just be admitted as an LPR to the US if that's during the first trip of the parent back to US within 2 years of birth. What about the father, is he a citizen now? If he's a citizen, one way around this whole mess would be for him to be the petitioner, then the daughter could just adjust. Was he a citizen when the daughter was born?

There's not much in the Policy Manual or in the regulations. So the best proof would be the factsheet and N-400 instructions: VAWA Naturalization Factsheet: https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf Relevant section is on page 2, information about your spouse. And the N-400 instructions: https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf Relevant part is on page 13 that I mentioned before, the paragraph that starts with "NOTE:". The way I would write this would be something like this, feel free to use this, just plug in your info, if still married just take the (ex-) out, if you're divorced by now then just take the parenthesis around (ex-) out. Obviously include a copy of the things listed in attachments: In re: N-400 Application for Naturalization under VAWA Receipt number: XXXYYYYYYYYYY Applicant: Your name (A#XXX-XXX-XXX) To whom it may concern: I believe that this request for evidence is improper and request managerial review. I attended an interview on [date] at [field office]. During this interview the immigration officer contrary to USCIS procedures demanded proof of my (ex-)spouse's citizenship and wouldn't accept any explanation that I am seeking naturalization under VAWA nor wouldn't accept alternate proof I used on my I-360 self petition, and subsequently issued this RFE. Naturalization for VAWA Lawful Permanent Residents Fact Sheet states: The Form N-400, Application for Naturalization, requests basic biographic information about your current and former spouses. However, USCIS will not contact your current or former spouse about your application. In addition, you do not need to establish that you are or were living with your spouse or provide documentation about your spouse. (Exhibit A) N-400 Instructions page 13 states: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. (Exhibit B) My VAWA I-360 was approved listing class IB1. (Exhibit C) My permanent resident card lists category IB6. (Exhibit D) Previously submitted evidence was enough for USCIS to determine that my (ex-)spouse is a US Citizen and approve my I-360 and I-485 as a self-petitioning spouse of a US Citizen under VAWA. Moreover, demanding further documentation regarding the abusive (ex-)spouse goes contrary to the spirit and intent of VAWA. Especially when demanding a document such as a US Passport or Naturalization Certificate of such spouse since I am simply unable to obtain them outside of my (ex-)spouse giving them to me. Such a demand essentially places veto power over 3 year naturalization under VAWA in hands of an abusive (ex-)spouse. In light of the foregoing I ask that you proceed with my N-400 application for naturalization. _______________________ [Your name] Attachments: Exhibit A: Naturalization for VAWA Lawful Permanent Residents Fact Sheet Exhibit B: N-400 Instructions Page 13 Exhibit C: Copy of I-360 Approval Notice Exhibit D: Copy of my permanent resident card

Only response you can give to the RFE is to explain that the RFE itself is improper and give them page 13 of the N-400 instructions which reads: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. What's the category code on your green card? IB1, IB6, B21, B26, BX1, BX6, Z14? If it's IB1, IB6, or Z14 then you should straight up write that you are requesting managerial review because the reviewing officer is outright wrongly demanding documentation which is not required of you. If it's B21, B26, BX1, or BX6, then you should write that you are requesting managerial review because you believe that the officer erred in demanding proof of your abusive ex's citizenship from you because: 1. Demanding this proof is contrary to the intent and spirit of VAWA because it essentially locks eligibility for naturalization under the 3 year provision behind documentation belonging to the abusive ex, essentially giving them a veto power over your naturalization, 2. You provided the evidence you were able to obtain: Driver's License, Social Security, and voter information. This information was previously deemed good enough to approve your I-360. Moreover currently only District of Columbia, and municipalities in 3 states (CA, MD, VT) permit noncitizens to vote in local elections, meaning that more likely than not your ex registered to vote following naturalization. 3. USCIS is able to perform immigration status checks in cases that warrant it, and any VAWA cases due to their unique nature where the (ex-)spouse is abusive and thus extremely unlikely to cooperate definitely warrant it.

You can file up to 90 days early. People generally recommend giving it a few days after the 90 days before date comes, so like 85 days or so, just in case so someone counting days on intake doesn't mistakenly return your application.

Since they married and there remains a stepparent-stepchild relationship between you and your USC Stepparent. First and foremost you should do a FOIA to see what exactly happened. Was an I-485 filed for you, if so, was it approved, denied, etc. If I-485 was filed and approved then you'd need an I-90 so they send you a new green card. Otherwise your stepparent could file I-130 on your behalf and you will be eligible to adjust status by filing I-485. Limitations on K-2 adjustment is the same as for K-1s, you can only adjust via a petition filed by whoever got you the K-1 or K-2. That can be the original I-129F (bit late for that), I-130, or a VAWA or Widow(er) I-360.

https://www.uscis.gov/policy-manual/volume-3-part-d-chapter-2 They probably won't give you a copy of the naturalization certificate, but they will take circumstantial evidence like an I-130 receipt/approval notice, marriage certificate listing the spouse's place of birth in the US, if naturalized they will actually do a status check on your behalf where you can give them information about the ex (name, SSN, A#, place of birth, etc). Like, USCIS does understand that part of the eligibility involves documents regarding a hostile third-party and they might be simply outside of your reach.

What's the arrangement you have right now? Do you alternate like a week with you, week with him? Or otherwise keep it close to 50/50 like lets say switch every 6ish months? In case like this I believe you'd answer no to Part 9, 17.g., and tick the box for "no" in Part 6 next to the child. If they did RFE you then instead you can send them an amended N-400 correcting that and give them some proof that you are otherwise financially supporting the child while it's your time, and something to prove you came to this agreement, signed affidavit from the other parent is best or some signed coparenting plan but if he won't sign it then well, you have to give them secondary stuff like emails or texts (maybe affidavits from third parties, hell, affidavit from the kid) and hope for the best. Court order giving you 50/50 and no child support from either party would also work. I'd definitely understand the confusion because on N-400 it asks "Are you providing support for this child" but that question is apparently asking solely about what a normal person would call child support.