I-765 while on Deportation/Removal Hearing

[brownskinned 5]

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.

She does have some evidences like threats in emails and friends (of her ex) as witnesses and all other stuff.

[brownskinned 5]

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.

Oh ok thanks. She got picked up by a boarder patrol on the way to the beach. She doesnt wanna do VD. lol. But thanks for the advice.

[LIFE'SJOURNEY 970]

Oh ok thanks. She got picked up by a boarder patrol on the way to the beach. She doesnt wanna do VD. lol. But thanks for the advice.

VD is as good as she is going to get, don't let the judge put her in deportation. If this happens, she is looking at $$$$money and lawyers before she will be granted a return visa back to the US.

[Deputy Purple 1,294]

She does have some evidences like threats in emails and friends (of her ex) as witnesses and all other stuff.

Then what were the grounds for divorce as listed in her petition?

[katiemanny 64]

Then what were the grounds for divorce as listed in her petition?

Emails are not evidence of abuse, these can be forge.

whats VD?

[LIFE'SJOURNEY 970]

Emails are not evidence of abuse, these can be forge.

whats VD? Voluntary Departure

That's when the judge gives you a set date to leave and you pay for your own ticket out of the US.

Edited March 17, 2011 by LIFE'SJOURNEY

[brownskinned 5]

VD is as good as she is going to get, don't let the judge put her in deportation. If this happens, she is looking at $$$$money and lawyers before she will be granted a return visa back to the US.

If she does VD, will she not receive a 10 year ban in coming back here?

Her lawyer said that if she can prove she came here in good faith (which she did) and of the abuse, then there's a chance that she will be removed from deportation and be granted to process AOS. Is that right?

Edited March 17, 2011 by brownskinned

[brownskinned 5]

Emails are not evidence of abuse, these can be forge.

Oh ok... Her lawyer asked her to gather that. If that's not to be considered, then I guess the witnesses' statements will suffice?

[brownskinned 5]

Then what were the grounds for divorce as listed in her petition?

I have no idea. It was her ex hubby who divorced her. (which also I think would make the case stronger against her coz she ran away without notifying police of the abuse). So I'm crossing my fingers now for her.

[LIFE'SJOURNEY 970]

If she does VD, will she not receive a 10 year ban in coming back here?

She will receive the ban, but that's what the waiver for hardship will be for.

Her lawyer said that if she can prove she came here in good faith (which she did) and of the abuse, then there's a chance that she will be removed from deportation and be granted to process AOS. Is that right?

If she didn't file for VAWA before she re-married, then the lawyer is speaking incorrectly. There is a set of guidelines that have been posted here on VJ regarding the filing of VAWA, you should try to find them to review them with your cousin, so she can see her options.

[Anh map 2,098]

Sounds like the attorney (who knows all the facts in this matter) is doing their job and trying to build the most persuasive case possible. It's a long long shot at best.

[LIFE'SJOURNEY 970]

Sounds like the attorney (who knows all the facts in this matter) is doing their job and trying to build the most persuasive case possible. It's a long long shot at best.

I agree with your statement, but the client needs to know what she is truly up against, because it will be her future that is affected by this long shot.

[katiemanny 64]

Sounds like the attorney (who knows all the facts in this matter) is doing their job and trying to build the most persuasive case possible. It's a long long shot at best.

Of course the Attorney going to do their job, isn't she his/her cash flow, I think Attorney loves these kind of cases, They see dollar sign all the way through the departure of the immigrant.

CHA CHING!!!

Edited March 17, 2011 by katiemanny

[Brother Hesekiel 2,235]

I read all of the previous responses and are . . . uhhh . . . surprised.

As a former K-1, your friend has no way to adjust status to resident, not even based on VAWA. Thus, and given the fact that she is in deportation proceedings, VD is the smartest thing to do. This can be done at the immigration hearing by asking the judge for permission to depart voluntarily, or by simply departing, and then by having the attorney provide evidence to this fact to the court at or before the hearing.

After she left, it is unlikely that the court would order her deported in absentia. No deportation, no bar, no I-212 waiver needed. If she overstayed, and given the 90-day validity of her initial I-90 and the second marriage it's almost a given that she overstayed for at least 180 days, she'd still have triggered the 3 or even 10-year bar, so an I-601 waiver would be needed.

Does she qualify for EAD? Of course not. Right now she is just waiting for a judge to sign her deportation order and have her escorted in handcuffs to first an detainment center, then the airport. She does not qualify for anything, and after reading the O.P.'s post I'm not sure she understands this to the fullest.

[sachinky 464]

100% agree with Bob.

Also, to reiterate, a K-1 entrant may ONLY adjust his/her status via marriage to the original USC petitioner with her/his co-operation.

Since she's remarried to a USC (and while I'm not sure about the timeline in this case, a quick marriage after divorce is usually regarded as a red-flag) the VAWA route is not an option, IMO.

If your cousin doesn't want to VD, then I am afraid she still doesn't understand the severity of the situation she's in. She has NO basis on which to adjust her status. Whether she leaves voluntarily or deported involuntarily, she is going to have to return to her home-country. The only difference is the number of waivers that will be required should she desire to return to the US. While I have empathy for your cousin (sounds like her first husband was a royal douche-bag) frankly, she should have left once her I-94 expired and her marriage went up in flames.

Edited March 17, 2011 by sachinky