I-360 VAWA

[av8er 0]

I am a disabled Canadian citizen, entered the US after inspection in 1997, my status expired 6 months after entry, in stayed and did not leave. Married a US citizen in 2002 she filed a petition to sponsor me but withdraw her petition in July of 2005 and filed for divorce, immigration sent me a letter to depart the US

in September 2005 she dismissed the divorce promised to repetition me and we start living together again. She never repetition me in 2013 I divorced her and went back to Canada 2 months later in January 2014.

I was going to US to wrap up my affairs at the pre clerence center I was pulled into a secondary inspection. Was given a life time bar. I misrepresented my entry date during the interview, as in 2002 through surprise and panic. So the overstay, misrepresentation, and attempted entry likely earned me a 212 (9) C.

There was abuse and extreme cruelty towards me by my ex wife, so I filed a VAWA petition in November 2015. On march 28 2016 I got a RFE.

According to my research VAWA will overcome a lifetime bar

Question 1: Will VAWA overcome the overstay from 1997 to 2002 when I got married?

Q: 2, Will VAWA overcome the misrepresentation?

Q:3 I can't get any more evidence requested in the RFE as my my belonging, evidence witness are in the US, I am in Canada. ( I submitted a lot of evidence, photos, text ad emails to show bona fides of marriage. We lived together all those years.....

After I receive7 my file under the FOIA (took 2 years) I discovered my ex wife filed for divorce without cause to have me deported so she could grab my assets, properties in the US aquired before the marriage she filed a sham marriage complaint as a pretest to withdrawal her petition but INS did not not deport just ask me to leave, so her plan failed and she make up convince me to stay.

How dose it look for me? I am hearing disabled, having a very hard time to consult with an attorney to take my case because I can't do a initial phone consultation, and they wont offer email consultation.

I still have significant asset property in the US, but suffering financial hardship because I cant access them.

Any suggestions how to get s lawyer to represent me without doing a phone or in person consultation?

Thank you, I look forward to receiving responses. Ideas, encouragement.

Nick

[newacct 688]

I don't see how you would have 9C, because you never tried to enter the US illegally.

Misrepresentation is 6C ban, which is a lifetime ban. But just because the CBP immigration officer denied you entry for 6C doesn't mean the consulate (I'm assuming you're doing consular processing outside the US) will necessarily decide you have 6C. They make their own determination. If you do have this ban, in order to get a waiver for immigrating, for VAWA self-petitioners, you need to show "extreme hardship" to yourself (or to your parent or child who is a USC or LPR).

You also have a 10-year 9B ban for accruing 1 year of unlawful presence and then leaving the US. VAWA applicants can be excluded from this ban if you can show a substantial connection between the abuse and your unlawful presence.

I am not sure about the merits of your VAWA case.

[blest.but.strest 50]

How dose it look for me? I am hearing disabled, having a very hard time to consult with an attorney to take my case because I can't do a initial phone consultation, and they wont offer email consultation.

Immigration Help for the Deaf Community

Immigration Hadley PC

Located in Riverside, CA, office specializes in helping the Deaf community with immigration matters.(951) 588 9838

[Hypnos 6,576]

Certainly, many lawyers will give initial consultations visa email. Lizz Cannon is one that springs to mind.

Echoing above, if you gave full details of the "abuse" then I don't believe you have a case under VAWA. Perhaps there are other things that you chose not to mention.

And as stated, providing you weren't trying to EWI then you wouldn't have a 9C bar.

[av8er 0]

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[av8er 0]

Thank you for your input, newacct, I see that makes sense, not subject to 9C. I picked 9C for worst case scenario.

6c and 9b, sounds better. So you mean to say they consulate may override the CBP ruling of 6C and vacate the lifetime bar?

The misrepresentation was not material, and was not willful, it was as a result of my hearing problem where I tend to guess what I am being asked this took place at the immigration consultant office while filling out the 1-300, I realized later asked my wife to call have the mistake corrected, she told me later it was done, but change never took place, at the first interview, I realized the mistake was not corrected and I panicked went along with the wrong entry date, thought about going back to have the mistake corrected but never did out of fear.

I was getting the immigration benefit any way through the I-300, so it dose not make any sense for me have misrepresented that actual my actual entry date.

I think my ex wife after 2 years of marriage and 2 home purchase, used this misrepresentation against me filed a sham marriage and misrepresentation complaint with INS when she withdrew her petition.

As I mentioned before we got back together again lived together till 2011, there was verbal abuse, constant threat of deportation if I left her on one occasion even a physical assault against me, a family member call 911 while the assault was in progress I basically had run for cover to protect myself from objects, tools china..... and other items being thrown at me by my wife, police had a long talk with ex wife they let her off with a warning because she was remorseful and said sorry she blamed it on a psychological episode and loss of control, reasons for what brought it on unknown.

9 B, overstay before the marriage, will not work under VAWA?.

[av8er 0]

Thank you Blest.But.strest, for the name of attorney who helps the deaf, Hadley PC. I will contact him. Appreciate it

[av8er 0]

Hello, Opalpopal, thanks for you reply.

Yes I know what VAWA, stands for. Its Violance Against Women Act I-360 petition, its covers men as well as women equally, its a petition for abused spouses. So tell me why it won't cover me? I would appreciate it if you enlighten me. Thanks

[belinda63 2,990]

Have you been divorced for more than two years? If so I don't believe you qualify for VAWA.

[av8er 0]

Hello, Hypnos, thank you for your reply and providing Liz Cannon's name, I searched for her online, she has a very impressive track record indeed and seems to specialize in waviers.

I did not mention all the specifics of the abuse in my prior post, but there was physical abuse, police were called, verbal, financial, character abuse, extreme cruelty, withholding, hiding my passport and other important documents, which had to be retrieved by the police, because she would not return them to me when I was about to depart the US when immigration asked me to leave. I also have a lot of witnesses, text, email document the abuse going back years.

My ex also abused my service dog, and gave him away without my knowledge or permission, it look me more then a year to get him back all this because she was jealous of the attention I used to give him.

I never tried to EWI, from what I understand is when I left the US the 10 year, bar for overstaying for more then a year 9 B, kicked in so I need permission to reapply for entry, without such permission and approval any attempted entry would kick in the 9 C. Life time bar.

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[av8er 0]

I want to thank everyone who responded. According to all the replies everyone agrees I don't have a 212 9 © bar, but may have 212 6 © and a 212 9 (B).

Without doing a VAWA petition, what would be my options re 6, C and 9 B?

[av8er 0]

Hello, Belinda63, thank you for your response. My VAWA case is not time barred by the 2 year filing deadline from date of divorce.

[newacct 688]

I want to thank everyone who responded. According to all the replies everyone agrees I don't have a 212 9 © bar, but may have 212 6 © and a 212 9 (B).

Without doing a VAWA petition, what would be my options re 6, C and 9 B?

Well, without a VAWA petition, what exactly are you applying for? Who would be petitioning you to immigrate?

If you are not immigrating and are asking about entering the US as a nonimmigrant, that is completely different. There are nonimmigrant waivers for bans; as a Canadian citizen, you would file I-192 at a CBP port of entry to apply for a nonimmigrant waiver. However, even before considering whether you have a ban or not, you can be denied entry for immigrant intent (which is not a ban and cannot be waived), and your history of long overstay plus filing an immigrant petition does not bode well for you.

[Hypnos 6,576]

As mentioned above, a divorced person can only claim relief under VAWA if they file before two years have elapsed from their divorce.

You state you divorced in 2013, so you needed to file by 2015; it's now too late for you to file through VAWA no matter how strong your case.

Edited April 22, 2016 by Hypnos

[av8er 0]

I have filed a VAWA petition, and received a RFE, after I submit the request evidence if my petition gets denied, then it does not seem I have any other options for getting a nonimmigrant immigrant visa.

I may have a U visa case but I haven't been able to consult with an attorney about the U visa.