I-765 while on Deportation/Removal Hearing

[brownskinned 5]

Hello,. I hope I'm in the right forum. If not, please move me. Thanks!

I have a cousin here who's waiting for her deportation/removal hearing. She got to the US on a K1 visa. Sad to say her hubby was maltreating her and did not file for her AOS. So she ran away and then got divorced. She's now married to another American citizen. Somehow she got in trouble with immigration and is now on removal/deportation hearing. While waiting, can she get a work permit (EAD) or not?

Thanks!

[Inky 1,110]

If entering on a K-1 you can only marry and AOS with the K-1 petitioner. You cannot marry the k-1 petitioner, divorce him/her, Marry another USC and then AOS with that person.

[Anh map 2,098]

Your cousin is unlikely to be able to obtain work authorization. As Inky stated she is not allowed to adjust status unless it is based on marriage to the K1 petitioner.

[brownskinned 5]

If entering on a K-1 you can only marry and AOS with the K-1 petitioner. You cannot marry the k-1 petitioner, divorce him/her, Marry another USC and then AOS with that person.

Well she did marry again, but did not AOS. As I've said, shes on removal/deportation proceedings.

Your cousin is unlikely to be able to obtain work authorization..

Oh Ok. Thanks!

[LIFE'SJOURNEY 970]

Well she did marry again, but did not AOS. As I've said, shes on removal/deportation proceedings.

Your cousins best bet is to ask for VD(voluntary departure) AND then have her present husband to file a CR1 for her. She will need to have a wavier for her over-stay. The judge will not allow her to AOS within the US. All she is doing right now is wasting time, because the final outcome will be that the US will put her in removal for deportation. This will not be a good thing.

Oh Ok. Thanks!

[sachinky 464]

A K-1 can only adjust status via marriage to the original K-1 petitioner. No way around this.

She will have to return to her home country, have her new USC husband petition (I-130) for her and depending on how much time she's been out-of-status in the US, she might very well be facing a ban for unlawful presence.

[katiemanny 64]

She gonna have to go back to her home country, her new usc husband will file I-130 on her behalf plus a waiver of extreme hardship to overcome the deportation ban plus any overstay ban. She cannot adjust status with her new husband, this is why their design K1 visa this way to discourage scammers and con artist from using hard-working US Citizens to gain access to the land of milk and opportunity.

Edited March 17, 2011 by katiemanny

[sachinky 464]

I would recommend a lawyer and VD for her.

[brownskinned 5]

She already has a lawyer, and is still here waiting for the hearing (on the removal proceedings)that will be on April. Let's have the immigration judge do his job on that. I was asking for the EAD if she can while waiting. The immigration officer did not tell her anything about it, but just to stay put and do the removal hearing.

[Anh map 2,098]

Her only (slim) shot at avoiding removal is if she can prove some sort of abuse by the ex spouse. And from what I've seen that's a very slim chance. The K1 rules are pretty straight forward about adjusting status.

Best of luck to your cousin.

[LIFE'SJOURNEY 970]

She already has a lawyer, and is still here waiting for the hearing (on the removal proceedings)that will be on April. Let's have the immigration judge do his job on that. I was asking for the EAD if she can while waiting. The immigration officer did not tell her anything about it, but just to stay put and do the removal hearing.

No she can not work, sorry no EAD. How did she get picked up? Tell her to ask for VD, that will make the rquest for the CR1 a little smoother, but there ise still the over-stay issue.

[katiemanny 64]

Her only (slim) shot at avoiding removal is if she can prove some sort of abuse by the ex spouse. And from what I've seen that's a very slim chance. The K1 rules are pretty straight forward about adjusting status.

Best of luck to your cousin.

I see very little chance of claiming VAWA, the beneficiary already filed for divorce and now already married, how can she claim abuse on someone that she already divorced to. The fact that she married another US Citizen this soon is a huge red flag.

[LIFE'SJOURNEY 970]

I see very little chance of claiming VAWA, the beneficiary already filed for divorce and now already married, how can she claim abuse on someone that she already divorced to. The fact that she married another US Citizen this soon is a huge red flag.

You are correct with this statement, she cannot claim VAWA after she has re-married.

[Anh map 2,098]

I see very little chance of claiming VAWA, the beneficiary already filed for divorce and now already married, how can she claim abuse on someone that she already divorced to. The fact that she married another US Citizen this soon is a huge red flag.

That's why it would be a slim shot at success.

[Deputy Purple 1,294]

Her only (slim) shot at avoiding removal is if she can prove some sort of abuse by the ex spouse. And from what I've seen that's a very slim chance. The K1 rules are pretty straight forward about adjusting status.

Best of luck to your cousin.

Since she is already divorced she will need to prove that the divorce was a result of the abuse she suffered from her first USC Husband.

Unless she has documented proof of the abuse and physical/emotional abuse was claimed in the divorce filing then she won't be having much luck with that route.