VAWA - got married 2 years after VAWA how to adjust

[MissMona2 0]

I recently got married in April and I am looking to see how to adjust status. I wanted to do all the paperwork without a lawyer since one wants to charge me close to 6k! I already have work authorization and I'm in a vawa yearly renewal. I a childhood arrival and that's where it gets complicated. Can I still adjust?? It's so confusing.

[Hypnos 6,576]

What is your current status? What is a "VAWA yearly renewal?" Are you married to a US citizen? How did you most recently enter the US, and when?

Edited June 16, 2015 by Hypnos

[blest.but.strest 50]

I recently got married in April and I am looking to see how to adjust status. I wanted to do all the paperwork without a lawyer since one wants to charge me close to 6k! I already have work authorization and I'm in a vawa yearly renewal. I a childhood arrival and that's where it gets complicated. Can I still adjust?? It's so confusing.

Was your Vawa approved?

[MissMona2 0]

I am married to a U.S. Citizen. I was approved for vawa two years ago. I renew every year my work permit. Last I was out if the country I was about 16 years old. I was brought into the states when I was 3. At 16 I didn't know I wasn't legal. I'm 31 and I actually qualified for DACA as well. I was married to an abusive person who happens to ge my daughters father. Does this clear up your questions?

[Boiler 43,396]

You used AP, you were inspected, just file and adjust.

[MissMona2 0]

Only reason I was confused is because I was out of the country crossed to Mexico not knowing I wasn't legal but they didn't ask us anything since students crossed everyday. Back in 2000 it wasn't that strict as it is now with passports. They only asked my friends and we were all in a group and just waived us to pass. It didn't think much of it. I mentioned it to my attorney who helped me with the vawa and she told me I couldn't adjust since I was out of the country and was inspected ( but I didn't declare anything) like I said at that point I didn't know I wasn't here legally.

[Boiler 43,396]

So you have not used AP through DACA and sounds like you are also 9C?

[MissMona2 0]

I believe my attorney mentioned that I triggered that bar for re-entry. And that's why I couldn't adjust eith vawa to get a green card. I would say that might be the problem that would make my adjustment of status difficult. I mentioned that to my attorney since I was being truthful and sincere about it, I was so naive at 16 and not knowing. Now I'm trying to figure out what to do, if it would be a problem and what would be a solution. - I didn't apply for DACA since my attorney suggested DACA would be very hard to predict its longevity.

[Boiler 43,396]

I do not know how 9C impacts being able to use AP, ask the lawyer?

[MissMona2 0]

I will be calling tomorrow. Thank you for your input Boiler.

[Hypnos 6,576]

If you have a 9C bar then yes, I don't believe you're eligible to file for adjustment of status based on your approved VAWA I-360 or any other favourable petition.

A 9C bar is a lifetime bar from the US for which you can only file for a waiver after ten years of being outside the US. I'm not sure how this interacts with your approved I-360 but at some point I assume your period of deferred action from the VAWA approval will end, and your EAD will go with it.

If you were illegally present in the US for at least a year, left, then re-entered the US, then yes, it sounds like a 9C bar is in play. If this is the case, you have no options other than to leave the US for at least ten years; you will never be able to obtain a green card through adjustment of status. Also not sure how this would interact with "being waved over the border" since 9C usually means EWI.

Edited June 17, 2015 by Hypnos