I-765 while on Deportation/Removal Hearing

[Bobby+Umit 161]

Under VAWA, victims of dating violence can avail themselves of government funded programs for protection, health care, and other benefits. However, VAWA does not establish any path to immigrate for victims of dating violence. In fact, the bulk of the VAWA act is not related to immigration. Adjustment of status through a VAWA claim is only available to spouses, children, and parents of US citizens and LPR's.

Didn't say it would be granted or even easy - but she could of tried that route. (who knows - she may of gotten some sort of relief with the current groundswell concerning VAWA)

She would of be directed to file for a U visa most likely - However - since she married a second person - she can't seek VAWA/U anyway - from my understanding - after the fact.

There are some lawyers talking about the wording in the AFM about "intended spouse" that would give some wiggle room for VAWA. (Here is the USCIS memo and here is a lawyers site) (I know the USCIS memo is concerning a bigamy case - but you know how lawyers love to set precedent)

As USCIS states - if you "think" you fall under VAWA - you should seek out a lawyer, skilled in VAWA, in order to proceed.

BTW- Came across this on USCIS about parents(immigrants) of USCs can file for VAWA Draft Policy

Edited May 5, 2011 by Bobby+Umit

[Harsh_77 716]

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

Just the emails and word from friends would not work, not strong enough evidence of abuse.

She needs more like pics of bruise marks, police reports etc to file for VAWA, in her case its little too late to file for VAWA.

Neither immigration officer nor judge is going to believe her, also her getting remarried to another USC this quick would be working against her.

Immigration judge and officer would see that as, she is only looking for someone to stay in the country.

Finally to your actual question can she work – no while you are on removal proceeding you are not eligible to get a EAD…. Comon dude they are working to throw her out of country, why would they let her work at that time.

They are throwing her out of country as she has already violated the laws, so how do you expect them to let her work?

[Harsh_77 716]

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?

I am thinking lawyer is only looking at the $ sign on her case.

She can gather evidence like statement from her friend which will have some weight not a lot, as they would be her friends and they would only favor her.

In this case if her ex is smart and gets a good lawyer, he can actually prove the other way round as your cousin had an affair and she was cheating and she ran away with this guy and thus he (ex) filed for the divorce and infact he was the one who got duped in this whole thing.

[brownskinned 5]

Her work authorization got approved!!

Question: does it mean that her permanent resident card will come smoothly too?

[Boiler 43,622]

No

[brownskinned 5]

No

oh ok. thanks

Well on her hearing today, the judge terminated her deportation proceedings..that its up to the USCIS now if theyll approve her greencard.