VolksWagon99

4 hours ago, Diane and Chris said:

Not really relevant, but what would happen if he remarried to a USC during this ordeal?

Cancel old one & start new AOS process, i guess

17 hours ago, Demise said:

would cause extreme hardship to yourself or your USC/LPR child.

Any examples what considered as ' extreme hardship' here

On 1/13/2022 at 1:44 PM, JeanneAdil said:

if you called 911 and reported the abuse and all is documented by police report(s), there is help 

the domestic hotline helps all going thru this 

man or woman or seniors or kids

 

https://www.thehotline.org/

 

 1-800-799-7233

If you call 911 or police, do they arrest the abuser or just warning ? So, how calling Police would be safer for victim? 

7 minutes ago, Demise said:

Regular COR requires 10 years of living in US in any status (including none at all) and that your removal from US would cause "extreme and unusually extreme hardship" to a US Citizen or LPR, Spouse, Parent, or Unmarried Child Under 21. Being placed into removal proceedings stops the 10 year clock, so you can't stall out to eventually qualify.

 

VAWA COR requires only 3 years of residence in US in any status (including none at all), the typical elements of VAWA (Battery or/and extreme cruelty, good moral character, etc) and that your removal from US would cause extreme hardship to yourself or your USC/LPR child.

 

In regards to BIA appeal: Okay so it was just the I-130 so that's going nowhere because even though USCIS should've approved the petition itself, the divorce would end up killing it anyways.

 

FOIA really doesn't matter who files it. You can either request it online or via a paper application. They either give it as a printed out stack of documents, an electronic download, or they mail you a CD.

 

Like the way I see if, if your friend was subjected to battery or extreme cruelty then well VAWA COR remains on the table. Get a service request with USCIS to basically ask them to deny and forward the case to removal proceedings so you they can then file EOIR-42B under VAWA. This is way outside of DIY, so your friend should get a good lawyer.

Thanks @Demise  for detailed explanation!

 If VAWA COR approved, its 10 yrs GC. Right? And it includes GC for dependents also (unlike regular COR that benefits only applicant) 

11 hours ago, Demise said:

He can seek VAWA Cancellation of Removal which isn't time barred. Basically instead of filing I-360/I-485/I-765/I-131/I-864W with USCIS, he would need to get placed into removal proceedings if he isn't already and file EOIR-42B with the court and after that's filed he can file I-765 with USCIS for an interim EAD.

I heard there's one COR for people who're here for last 10 years, is VAWA COR same? Is Level of Hardship to prove in VAWA COR lower?

11 hours ago, Demise said:

I will just say here that COR is basically an application of last resort, it requires one to prove that the abuse happened before the court, prove that your removal would cause extreme hardship to yourself or your kid(s), and the grants are limited to 4,000/yr and that quota is shared with normal non-LPR COR applicants so the case will take a few years to work through the backlog.

So, even after approval in this case, one has to wait for the quota for few years to get GC?

11 hours ago, Demise said:

 

I am not sure what's exactly going in his case. You said that he was denied, appealed to the BIA, but what was denied and what did he appeal? Was his I-130 denied and he appealed that to the BIA and the I-130 denial was reversed, or was his AOS denied, he got put into removal proceedings, judge re-reviewed the I-485, ordered removal, he appealed to the BIA, and BIA reversed the I-485 denial?

It was I-130 denied and he appealed that to the BIA and the I-130 denial was remanded back to reconsider.

11 hours ago, Demise said:

Yeah FOIA with USCIS and EOIR is the way to go. I would also like to see the BIA decision with the identifying information removed to see what exactly they decreed.

BIA remanded back due to no noted of director on which he based his decision & No NOID issues

11 hours ago, Demise said:

From what I know about software development (which is plenty as that's my actual day job) I imagine that it feeds from the same source as the 1-800 number did. So anything that's a day or two old will be there. At the same time it is also somewhat limited in that it will only give you the next hearing date and most recent decision of the IJ. If it gives you nothing then there's no record of removal proceedings against you so you can be like 98% sure that you are not in removal proceedings.

 

So it's good enough to see if you are in removal proceedings but for anything more detailed you will need a FOIA.

Its working; and i think lot better than calling. FOIA is always helps. Better to file by yourself or by Attorney for faster delivery? Is it paper file they send?

11 hours ago, Rocio0010 said:

OP or OPs friend should definitely be made aware that this is beyond DIY now.

Thanks @Rocio0010. Point Noted!

On 1/14/2022 at 9:00 PM, belinda63 said:

Best I can make of it is his AOS was denied, appealed to BIA, BIA sent back for an interview. For some reason the interview took several years to schedule. During this entire time he has never had a green card. 

He probably did not notify USCIS of the divorce because that would have been an immediate denial of AOS and by waiting for the interview he was here "pending status".. 

Now that they have scheduled the interview he is having an oh poo moment realizing he has no grounds to obtain a green card through his now ex-spouse and when they find out he is divorced he will have to do a voluntary departure, be deported, or hide from immigration so he is looking for anyway possible to remain in the US. 

The next step is, of course, to apply for VAWA. For most the process takes years to receive a final approval or denial so even if it is denied he might get another 1-3 years in the US legally. The problem is he has no grounds to apply since he has been divorced more than two years. Question is at what point will that be realized and the VAWA denied. It doesn't matter how much evidence he might have of physical abuse or extreme cruelty, that ship has sailed, he does not qualify for VAWA.

Great analysis! Makes sense.

Two Qs:

- Will he get EAD?

- If denied (i am sure), can he go for VAWA COR?

14 hours ago, Demise said:

Only as Cancellation of Removal.

 

 though after the 2 years it's sink or swim, you can't refile if you get denied, you can appeal to AAO, you can sue USCIS in court, but you can't refile.

 @Demise

Wonderful as always! Are you saying that he can file once but then whatever decision happens he can't file again? What happens to EAD?

Are there any provisions with 2 year bar can be waived?

12 minutes ago, Rocio0010 said:

No, it was me. I asked if he had filed for ROC after BIA was approved. Either OP is not telling everything, or the situation is weird

He was denied AOS and BIA remanded to USCIS to look into decision again but that interview never happened. so ROC was out of question anyway

1 hour ago, Rocio0010 said:

Well, not very clear…. You’re asking if he can file for VAWA, but you’re also saying he filed for VAWA….

He filed but I am questioning his eligibility or not

1 hour ago, Rocio0010 said:

like I said, USCIS might very well want a second interview and try to take away his gc. I would not attend said interview without attorney.

He has no basis to attend the interview (other than moving case to vawa), as he is divorced now

1 hour ago, Rocio0010 said:

Yes and no. EAD approval Is contingent of an underlying application. He might get it, but as soon as his case is denied, his EAD will be void.

I’m guessing on the basis of an underlying VAWA application. He might get VAWA for some time, but as soon as VAWA is denied, EAD will be void.

Makes sense

26 minutes ago, Boiler said:

Can he file yes

 

Will he be approved no

Thats what i thought. Will he be able to get EAD then?

16 minutes ago, Rocio0010 said:

So then he did have an interview?

you’re not being clear.

It sounds as if CIS did not delay the Interview. Rather, they might be trying to take away his GC.

Please be clear in your posts.

As i mentioned... Had AOS interview - got denied - filed & won BIA appeal - BIA remanded back to USCIS ( divorced by then)- USCIS sat on it for next 5 years & did nothing - Then sent Interview notice but by then they were divorced - he filed vawa

hope i was clearer this time  

12 minutes ago, Rocio0010 said:

You’re saying it. It’s a basic requirement, which he didn’t fulfill….

Right, thats the question too. Pls look at other factors of interview notice coming now based on his old AOS filing

I know its bit complex. Inputs from @SandraNJ  and @Demise  will be appreciated 

I am feeling like studying Immigration Law once i am done with my Immigration

I see two major points here... 

- AOS interview still active (was delayed by USCIS inappropriately)

- Divorce is older than 2 years

Can he move his I-485 to VAWA?

I know VAWA depends on  lot of other factors but can we first focus on this basic requirement of filing within 2 yrs of divorce? 

@Demise, @sandranj

3 minutes ago, Boiler said:

Do you know if he has discussed this with his lawyer?

not sure

Just now, HustlingStill said:

why she did that? 😕

I guess...one of the way of controlling & abuse

2 minutes ago, HustlingStill said:

why was his AOS denied ?

Mismatch in replies as wife didn't co-operate

9 minutes ago, Rocio0010 said:

Why would USCIS do anything during those five years, if he had won BIA? And if he won the BIA, he should have applied for ROC. Something is off....

Pls check where i gave the main history ... was divorced before BIA win but looks like USCIS was not updated w/ divorce info so he still got interview

19 minutes ago, HustlingStill said:

@VolksWagon99 your not clearing the fact why would he file vawa anyway?

As he mentioned... He was abused but was not aware of this vawa option at that time. 

 

does he falls under vawa category?

Yes for abuse but timimg was...Thats the Q here 

 

what petition did he file before divorce ?

AOS pkg ...Pls check where i gave the main history

1 minute ago, Rocio0010 said:

A thousand red flags!

True...But can he file VAWA?

1 minute ago, Rocio0010 said:

Did he submit the divorce decree at some point?

I assume no otherwise why he would get the interview

23 minutes ago, HustlingStill said:

 

Yes, thats what my understanding is.  I was wondering if there any ways to overcome that 2 years limit?

One thing strange thing he mentioned that, he got AOS interview notice in 2021 when divorce was done in 2016 (history- married USC & filed AOS 2014, Denied AOS 2015, won BIA Appealed 2016, div 2016, USCIS just did nothing for 5 yrs, then sent interview notice in 2021). He was not aware of vawa earlier. He filed VAWA after receiving  interview notice or something like that.

My question is, ...is that possible or he qualifies to file vawa (assuming other conditions met, what about  duration/timing )

@Rocio0010, @HustlingStill

I can try....Let me know what Qs

But in any scenarios, is it possible to file after 4 years of divorce?

@SandraNJ, @Demise, @HustlingStill

2 hours ago, 2020filer said:

I’m just curious if anyone has ever tried to go to Vermont and have an appointment there about their EADs? 

But why?

On 1/12/2022 at 9:16 AM, Ozy7 said:

Hi I opened my vawa case December 10 2020. My green card application was pending and me and my ex American wife was on the process for the divorce. Before my 2 year green card interview we got divorced. My lawyer was able to go to USCIS and asked them if you could hold my case because we were going to apply for vawa and USCIS told her that they will honor it. So far, I’ve got prima facie and my c09 work authorization card which is valid for 2 years. I just wanna get some feedback:(. Do you guys think, everything is going well so far? And how long would it take them to accept my case? And after approval since they told me to hold my green card application, will it still take another year to get an interview? Thank you guys!! I hope we will get our cards soon!!:(

You can still file ROC even when divorced. Did you try that? Pls share timeline to get better replies

One of my friend's friend mentioned that he filed VAWA after 4 years of divorce. 

Wondering if thats possible; is there any way to file after such long time

12 hours ago, Sk1992 said:

Below is my timeline 

1:- i360, i765 (c31) and i485 package sent all together in July 2019 . I did send my medicals at the same time too

2:- case was received 08/01/2019 

3:- biometrics October 2019 n RFE was sent in the same month for good faith marriage and good moral character. So i send letters from friends , family and tons of pictures. Police clearance from my county and the country i lived before. 
4:- RFE was sent in December and after that it was a complete silence. 
5:- i360 was approved 04/29/2021

6:- i765 c31 got approved on 07/14/2021. Yes i lived without and EAD for all that long because of my lawyer’s mistake . She never agreed to do c09. I would recommend everyone to apply c09 if you have your i485 concurrent too.

7:- I didn’t receive any transfer notice for i485 or nothing after my i360 approval. So i did inquire through my congress man in October 2021 and after couple of weeks they send me bio appointment for i485

8:- bio done for i485 on 12/09/2021

9:- New card is being produced for i485 on 01/13/2022. There was no interview , No medical being asked again.

 so this is it.! I hope i have answered all your questions in my timeline. Thank you once again🙏🙏🙌

Big Congratulations mate!!  I see, It was quick for you. 

21 minutes ago, HustlingStill said:

depends on processing time, usually 8-11 months i have seen so far

Thanks.

Approval of EAD depends on anything or just 8-11 months after applying?

Anyway way to expedite it?

20 hours ago, e_xterrixx said:

No - divorce was finally before VAWA was approved. Final divorce date: Jan 2021; VAWA approved: Jan 2022.

Does it matter if divorced or not at the time of applying for VAWA? Also, Does it matter who've asked for divorce?

15 hours ago, Karman said:

Does having a civil protection order case by my Ex gf which was issued on march 2017 and it got vacated/dismissed on sept 2021. applied for VAWA June 2021. 

No conviction/criminal /arrest

 

Do you think vawa case will be denied for having bad moral character?

I guess if you get police clearance then you should be good but experts may have better opinion

On 1/12/2022 at 8:04 AM, sandranj said:

When the person has a weak case most lawyers advise to wait the VAWA decision, but if your case is strong and your spouse is a U.S Citizen then you can file for adjustment of status now. If you need to work then you must have a  work permit.If you worked without EAD before filing VAWA the USCIS will forgive you, but don't break the Law now.

After sending VAWA package, when one gets EAD? depends on what?

@sandraNJ, @Demise, @HustlingStill   , @Pinkrlion

12 minutes ago, HustlingStill said:

there is no specific offices all  vawa file goes to vermont 

I think she referred to AOS then

So whats the Process steps... First goes to VSC then?....

1 hour ago, sandranj said:

I have cases filed in  2018 pending and  I had several  2020 cases cases approved. Depends on how fast each officer works.

Mam, can you please comment on which offices are faster as you mentioned above?