Demise

Alright, nevermind, yeah USCIS screwed up there.

Yeah it's fine to use it for that. Question though, you say that it was wrongly issued for 10 years rather than 2 following AOS from a K-1. Are you sure it was wrong? BIA has held in Matter of Sesay that if adjusting from a K-1 visa, you can skip the conditions if you've been married for more than 2 years as of the approval date. So the questions are: 1. What's your marriage date? 2. What's the resident since date?

The mail recovery center is in Atlanta, GA. The actual address is not publicly known and no, they won't let you come in person to browse through the piles of misplaced documents. If the card made it there it would likely make it back to USCIS eventually since it reads on the back "If found, drop into any US mailbox. USPS: Mail to 7 Product Way, Lees Summit, MO 64002". You should probably just reach out to USCIS with what you got from USPS and ask that they reprint it, since well USPS doesn't know what happened to it exactly, it might've been sent to the recovery center, it might've equally well fallen behind something somewhere (and well, there were postal workers who went to prison for destroying stuff from USCIS).

VAWA provisions are gender neutral, and yeah what you described definitely meets the requirements. Extreme cruelty is (generally) a pattern of behavior and her actions do seem to raise to that, they definitely do raise to the standard of battery since "she only hit me once" is enough to tick that box and you've had it way worse. So yeah, you have a case, good luck. From personal experience they tend to question the legitimacy of the marriage way harder than they tend to question the abuse part. So my thoughts to you is get a copy of anything you have that proves that, anything with both your names on it, stuff listing common addresses, birth certificates of children (if any), and so on and so forth, basically the same thing you'd normally need for an ordinary marriage case. You can probably come around to the VAWA thread:

@Royal Seed Also to add two more things (just popped into mind and previous post is outside the edit window): If you all originally entered as K-1 and K-2s, they'll need to FTJ on your I-360 or file their own. K-1s and K-2s are able to adjust only via a petition involving the person who got you the K-1 and K-2s. This can be the original I-129F, I-130 filed by the same USC, or a VAWA I-360 where the abuser was the same USC. Proceeding with any other sponsorship you have to proceed as if they entered without inspection but worse and would have to complete the process via consular processing abroad. Another factor that tends to trigger DNA testing is lack of birth certificates (where you submit secondary proof like hospital records, church records, etc), and late registered birth certificates.

You can if the children have somehow maintained lawful status, which they're exceptionally unlikely to. @Royal Seed That being said, why not just have them follow to join on the I-360? Normal VAWA protections apply to derivatives too including being able to adjust after overstay, violating one's status, or EWI even and skipping the need for an I-864 (where you file I-864W for each). So the stuff to submit for each would be: I-485 I-765 (optionally) I-131 (optionally) Copy of your I-360 approval notice Copy of kid's birth certificate with translation if not in English Copy of your green card Copy of any name change documentation if the name listed on their birth certificates doesn't match your current name Copy of kid's passport's ID page Copy of visa and I-94 they entered with (if not an EWI) I-864W I-693 (can be submitted later) I really do hope you listed them on your I-360 and I-485, otherwise I'd recommend getting a good lawyer on how to maneuver this screw up. If you come from a high fraud country (ie. most subsaharan Africa countries like Kenya) you should also include a DNA test proving parentage. You should also be just ready to get the DNA test done if USCIS questions the parentage. Pick out a lab, call in, ask for their turnaround, and be ready to get that done ASAP should you get an RFE for further proof, it may or may not ask for a DNA test specifically. Of note is that FTJ benefits are available up until you naturalize. The petition completely ceases to exist for FTJ purposes following a naturalization of the principal. If your kids entered legally then it's no biggie, in case of which you can just file I-130/I-485 to have them adjust in US. If they EWI'd and you naturalize they'd need to be out of the country before they're 18 years and 180 days old to avoid re-entry bars and need for an I-601 or I-601A waiver.

I got a "can't say, can't tell you an estimate" kind of answer when I asked. I think it's just a job which forces people to act as welcoming as a sign stating "Danger - Active minefield". Walking out of there and thinking "well, things went alright, I guess" is likely the good scenario. According to my lawyer apparently the interviewer liked me. I did overhear some chit-chat between her and her trainee about her cat and made sure to mention my cats. "No, I don't have any children, unless you want to count my cats", lol. I think that helped cause you know, the interviewer can question you anywhere from just nodding to your brief rehearsed answer before moving onto the next question and grill you to the point that the KGB would think it's a bit much.

Interview - 4/29/24 Approval - 5/10/24 Green card in hand - 5/22/2024 So yeah about 3 weeks between interview and green card in hand. It's crazy how happy a piece of plastic makes me.

Nothing. Like I said, the thing you're referencing is 245(k) and that one is only applicable to adjustment via employment sponsorship (EB1-EB5). It does not work for family cases, it does not work for DV cases. Other than that, leaving and coming back does nothing to prior unauthorized employment. See Item B: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6 If it's him that won he should try his damnest to get an interview abroad for the DV1 visa because like I said, unlawful employment is only a bar to AOS, it's not an inadmissibility on its own. If it's his spouse that won then that makes a bit easier, since all else fails, his spouse could adjust in US and later just sponsor him in F2A, he'd still need to do consular processing to get his green card but there's no time pressures (since DV can only be issued in the fiscal year, so by September 30th or it's gone).

245(k) which is what this is referencing is only applicable to adjustment via work. Where you can violate your status (work illegally, overstay, etc) for up to 180 days since last admission to US, and yes, leaving and being re-admitted resets that clock. Your friend should just do consular processing abroad. Working without authorization is a bar to AOS, but it's not a bar for consular processing.

Then just file N-600 for him. Passport is another option with the caveats Moda25 pointed out. You will need the following: Your naturalization certificate (showing naturalization date when he was under 18) Your son's green card (showing that we was an LPR while under 18) Your son's birth certificate (with translation if not in English) listing you as a parent Then you will need stuff to establish custody, stuff like medical records, school records, if you're divorced and court gave you primary custody then that order also works (w/ translation if that's not in English). With N-600 with USCIS you send copies, with the passport with Dept of State you send in originals, which will be returned to you sometime after the passport. If son is over 16 he will need to attend an interview where he'll be sworn in as a citizen.

So few questions: How did you become a US Citizen? Is he a biological son, adopted son, or a stepson? Is he residing in your legal and physical custody?

I-360 filed: 08/21/2018 I-360 RFE: 02/27/2020 I-360 RFE response sent: 05/21/2020 I-360 Approved: 11/10/2020 Motion to recalendar and change venue filed: 07/29/2022 Motion to recalendar and change venue approved: 08/30/2022 Here it got stuck due to a pending FOIA I had with EOIR, only learned that due to ICE attorney looking into what happened Proceedings dismissed: 06/07/2023 I-485 filed: 06/17/2023 I-485 RFE for medical: 02/05/2024 I-485 RFE response sent: 02/26/2024 I-485 interview: 04/29/2024 I-485 approved: 05/10/2024 Green card in hand: TBD First day of eligibility for N-400: 02/09/2027

Name changes aren't available as a part of N-600 or US Passport Applications, or for minor child as a part of a parent's N-400. If you need to change his name you'll have to file for that with a state court (which you know, how annoying it is depends on the state's requirements like publication). The best way about this would be to file for that now, naturalize, and when you file for his US passport or N-600, include the name change order so they'll issue the document in a new name. In either case Social Security will have to be notified of the name change on your own. The various health departments likely don't do it, and USCIS doesn't do it with an N-600, they just recently started offering that as an option on an N-400. Easiest way is to just send in the original documentation (certified name change order, proof of citizenship) with an SS-5 for a new card.

Has your ex naturalized since then? If (s)he's still an LPR then you're not eligible to naturalize after 3 years. If it has been over 5 years then you're fine regardless. If it has been 3-5 years then well, when did you become an LPR and when do you believe your ex became a citizen? You need 3 years for both. I believe that USCIS can just look it up since getting a copy of naturalization certificate can be pretty damn hard from someone who you are not in contact with and likely wouldn't want to help anyways. Judging from the policy manual Volume 3, Part D, Chapter 2, it looks like they will take any other evidence, so just something with their A-number should be enough for them to look if your ex naturalized and when.

You are applying based on VAWA. Your IB1/IB6 green card is proof of that. If your green card reads IR1/IR6 then you'll need to provide a copy of I-751 receipt notice showing you were granted a VAWA waiver. If your green card reads B21/B26/BX1/BX6, then you will need to provide evidence that your ex naturalized since then. Generally you should be able to give them an A number and USCIS should be able to look it up. In the unlikely event that your green card reads Z14 (from VAWA Cancellation of Removal) then you'll need to prove that you were married in order to qualify.

What does it say exactly? I just pulled up a copy of mine and it does say: "Evidence of your sponsor's and/or co-sponsor's United States Citizenship or Lawful Permanent Resident status.", the thing is that is a bullet point associated with an I-864, since this is a VAWA and you've filed an I-864W this is not applicable. If you haven't filed an I-864W, print one out, fill it out, sign, and bring it to the interview with you. If it does actually say to bring their Certificate of Citizenship, then well, if you don't have it, you don't have it. Tell them that "I don't have it, it's not my document to have". VAWA is also one of the few cases where USCIS can do some investigating on their own, if they're a naturalized or derived citizens they can just find that by their A-number. If they had a passport they can likely pull that from the Department of State. I don't know if they investigate birth certificates with the local departments. Moreover, USCIS does not interview for I-360s, meaning that at the time you get an interview for your I-485, whether your ex is a citizen is an established fact.

The only way this could be salvaged is if: 1. You have a spouse that was born in an eligible european country and they're immigrating together with you (e.g. they were born in Portugal), or; 2. You qualify under a "just passing exemption", basically immigrant visas are generally charged to country of birth, but if you were born in a country and never lived there and neither of your parents were born there, or resided there at the time, then you could charge it to a country one of your parents was born in (e.g. both of your parents were born in Portugal, you were born during a vacation or in transit). 3. 1 and 2 both apply (e.g. your spouse was born in lets say Canada during a brief visit, but lets say one parent was Russian and the other was German).

Honestly, mostly personal information, the whole bunch of yes/no questions, why I filed for VAWA. Give short answers, say only as much as you need to, and you'll be fine.

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

Yeah do that. Current as proof of your identity, old as further document linking you to the entry record.

Just do a FOIA with CBP and see what turns up. If it says they did an expedited removal, include that, if they just denied you entry and voided your ESTA include that. If it was under 5 years or you wanted to try ESTA again I'd recommend writing to them to ask that they nunc pro tunc: 1. Give you satisfactory departure for the time you overstayed your ESTA by two days because [list of reasons why that happened] 2. If first item is approved - allow you to withdraw the application for that second admission to clear up the record since in that case the eligibility wouldn't exist But in this case, just give the consulate proof that you were either ER'd out, or just denied entry and allowed to leave on your own. Wouldn't hurt to explain in a cover letter as to what happened there exactly. "Overstayed ESTA by 2 days, was denied entry on subsequent trip, was not given an expedited removal.", or "Overstayed ESTA by 2 days, was denied entry and given an expedited removal on subsequent trip, more than 5 years have passed.".

You need to be in US to give biometrics, but nothing in the instructions or regulations prevents you from doing what you're planning. File, leave, swing back by to give biometrics, and leave again.

Just get a new sealed copy of the medical. I don't think the surgeon will charge you anywhere near the original price (or at all really) if you ask nicely.

How do you get deported for overstaying 2 days? Like can you explain what happened exactly, normally CBP would just cancel ESTA because you violated it on the way out. Did this happen when you came to visit later and they denied you entry? I'd guess that CBP would likely be the right agency to FOIA. You can probably also send one to EOIR, USCIS, ICE, and the Department of State and see what happens.