How does terminating removal proceedings look like these days (NY, Fed Plaza)

[Demise 1,128]

So some backstory to my case:

 

Entered US without inspection in June 2004 at age 11

Got caught on entry, bailed out, and ordered removed in absentia by the court in Phoenix, AZ in September 2004.

Fast forward to 2013: Got DACA

Fast forward to 2016: Got married and had an I-130 filed on my behalf

Late 2017: The I-130 was approved, got the removal case reopened, order vacated, and a change of venue to New York, NY Immigration Court (Federal Plaza)

January 2018: Got an administrative closure during a master hearing

August 2018: Filed for VAWA

November 2020: VAWA approved

 

So now I am in an interesting situation. I am prima facie eligible to file for AOS despite my EWI, however because I am still technically in removal proceedings, I can't just file I-485 with USCIS.

 

This brings me to the actual question. What should I do? The main two options I see are either to file a Motion to Recalendar and file I-485 with the court, or contact ICE and try to get them to agree to a Joint Motion to Terminate in light of the Peroske and Johnson memos.

 

Thanks, and feel free to ask anything.

[Crazy Cat 39,538]

Are you sure a DIY forum is where you need to seek advice? 

[Adventine 3,187]

I agree. It's a very interesting case, but it seems way above VJ's paygrade.

[canadian_wife 1,791]

2 hours ago, Demise said:

 

 

This brings me to the actual question. What should I do? The main two options I see are either to file a Motion to Recalendar and file I-485 with the court, or contact ICE and try to get them to agree to a Joint Motion to Terminate in light of the Peroske and Johnson memos.

 

 

 

Hire a very competent and very experienced lawyer

 

Good luck

[Vawa&U 70]

16 hours ago, Demise said:

So some backstory to my case:

 

Entered US without inspection in June 2004 at age 11

Got caught on entry, bailed out, and ordered removed in absentia by the court in Phoenix, AZ in September 2004.

Fast forward to 2013: Got DACA

Fast forward to 2016: Got married and had an I-130 filed on my behalf

Late 2017: The I-130 was approved, got the removal case reopened, order vacated, and a change of venue to New York, NY Immigration Court (Federal Plaza)

January 2018: Got an administrative closure during a master hearing

August 2018: Filed for VAWA

November 2020: VAWA approved

 

So now I am in an interesting situation. I am prima facie eligible to file for AOS despite my EWI, however because I am still technically in removal proceedings, I can't just file I-485 with USCIS.

 

This brings me to the actual question. What should I do? The main two options I see are either to file a Motion to Recalendar and file I-485 with the court, or contact ICE and try to get them to agree to a Joint Motion to Terminate in light of the Peroske and Johnson memos.

 

Thanks, and feel free to ask anything.

I’m in similar situation, please keep it posted. Thank you

[Demise 1,128]

15 hours ago, Lucky Cat said:

Are you sure a DIY forum is where you need to seek advice? 

Eh, it's worth a shot. I DIYed my VAWA I-360 and I've done Motions to Terminate back when I worked at a law office back in 2018. I honestly just need an answer that's along the lines of "Yes, you can do a JMTT", or "No, you absolute buffoon what you need to do instead is X".

 

50 minutes ago, Vawa&U said:

I’m in similar situation, please keep it posted. Thank you

Will do and good luck.

Edited May 18, 2021 by Demise

[Ontarkie 13,944]

~~MOved to Effects of Major Family Changes, from General Immigration Discussion - As the topic involves VAWA and this is discussed here.~~

[Demise 1,128]

28 minutes ago, Ontarkie said:

~~MOved to Effects of Major Family Changes, from General Immigration Discussion - As the topic involves VAWA and this is discussed here.~~

Alright but I asked a mod (@TBoneTX) previously and was told to ask in general questions because VJ doesn't really have a dedicated section for removal proceedings. Also VAWA isn't all that relevant here since the procedure would be the same if I entered legally and got an IR I-130 approved or had 245(i) grandfathering or if I won a U-visa or something along those lines.

Edited May 19, 2021 by Demise

[AfroUSA 4]

On 5/17/2021 at 6:01 AM, Demise said:

So some backstory to my case:

 

Entered US without inspection in June 2004 at age 11

Got caught on entry, bailed out, and ordered removed in absentia by the court in Phoenix, AZ in September 2004.

Fast forward to 2013: Got DACA

Fast forward to 2016: Got married and had an I-130 filed on my behalf

Late 2017: The I-130 was approved, got the removal case reopened, order vacated, and a change of venue to New York, NY Immigration Court (Federal Plaza)

January 2018: Got an administrative closure during a master hearing

August 2018: Filed for VAWA

November 2020: VAWA approved

 

So now I am in an interesting situation. I am prima facie eligible to file for AOS despite my EWI, however because I am still technically in removal proceedings, I can't just file I-485 with USCIS.

 

This brings me to the actual question. What should I do? The main two options I see are either to file a Motion to Recalendar and file I-485 with the court, or contact ICE and try to get them to agree to a Joint Motion to Terminate in light of the Peroske and Johnson memos.

 

Thanks, and feel free to ask anything.

I was in a similar situation that you are in right when my VAWA was approved in 2019. I tried to terminate the proceedings but thanks to trumps policies they refused.  Since then til now I am stuck waiting for a court date after the two previous dates they gave me were canceled due to covid. If I were you I would most definitely try with the motion to terminate first because the courts are really backed up right now. People have been getting court dates as far as 2023 for their individual hearings.

[Vawa&U 70]

2 hours ago, AfroUSA said:

I was in a similar situation that you are in right when my VAWA was approved in 2019. I tried to terminate the proceedings but thanks to trumps policies they refused.  Since then til now I am stuck waiting for a court date after the two previous dates they gave me were canceled due to covid. If I were you I would most definitely try with the motion to terminate first because the courts are really backed up right now. People have been getting court dates as far as 2023 for their individual hearings.

Did you get any benefits once Vawa got approved? Like ssn??

9 hours ago, Demise said:

Alright but I asked a mod (@TBoneTX) previously and was told to ask in general questions because VJ doesn't really have a dedicated section for removal proceedings. Also VAWA isn't all that relevant here since the procedure would be the same if I entered legally and got an IR I-130 approved or had 245(i) grandfathering or if I won a U-visa or something along those lines.

Did you get work permit  when Vawa got approved?

[AfroUSA 4]

7 minutes ago, Vawa&U said:

Did you get any benefits once Vawa got approved? Like ssn??

I already had SSN from before when I was a F-1 student. I think you need an EAD before you can apply for SSN. Since I was in removal I had to wait until the judge allowed me to file for I-485 and I-765 so the only benefit I received was getting an ID card.

[Demise 1,128]

11 hours ago, Vawa&U said:

Did you get work permit  when Vawa got approved?

Yeah I got the C31 one when my VAWA was approved. Had to hit up my senator so they'd resend it to me since the galaxy brains in VSC sent it to my old address.

 

I already had a C33 from DACA so it wasn't a huge deal.

[Vawa&U 70]

Just now, Demise said:

Yeah I got the C31 one when my VAWA was approved. Had to hit up my senator so they'd resend it to me since the galaxy brains in VSC sent it to my old address.

 

I already had a C33 from DACA so it wasn't a huge deal.

I got sad story to share , I missed daca by two years . I end up filling Vawa in September 2018 . March 2021 got NOID for good faith marriage. Successfully submitted with bunch of affidavits . I got request for additional evidence sent . I haven’t received anything since 7 days . Almost 19 yrs in removal without ssn  or drivers license. 

[Demise 1,128]

2 hours ago, Vawa&U said:

I got sad story to share , I missed daca by two years . I end up filling Vawa in September 2018 . March 2021 got NOID for good faith marriage. Successfully submitted with bunch of affidavits . I got request for additional evidence sent . I haven’t received anything since 7 days . Almost 19 yrs in removal without ssn  or drivers license. 

I got an RFE (not a NOID) for bona fides as well. I submitted everything I could including printouts from turbotax and our bank statements showing transfers from my ex's father for ex's student loan payments and that I did get the state and federal refunds matching the tax return I originally gave them, college transcripts listing the classes we had together, prior I-130 RFE for bona fides and an approval notice, receipts for engagement and wedding rings, receipts for a few random gifts.

 

Then I also made a pretty sketchy legal argument based around 8 CFR 245.1(c)(8)(v) that basically they shouldn't be re-verifying the same relationship over and over again and one approval of a good faith marriage exception should cover every subsequent application. I pointed them to things inside the prior I-130 since apparently VAWA is privileged in that way. I also dismissed all their claims raised in the RFE as absolutely horse s**t in slightly more polite terms, i.e. "I disagree with the assertion that...".

 

It took 6 months after I send in the RFE to get my approval.

Edited May 20, 2021 by Demise

[Vawa&U 70]

4 minutes ago, Demise said:

I got an RFE (not a NOID) for bona fides as well. I submitted everything I could including printouts from turbotax and our bank statements showing transfers from my ex's father for ex's student loan payments and that I did get the state and federal refunds matching the tax return I originally gave them, college transcripts listing the classes we had together, prior I-130 RFE for bona fides and an approval notice, receipts for engagement and wedding rings, receipts for a few random gifts.

 

Then I also made a pretty sketchy legal argument based around 8 CFR 245.1(c)(8)(v) that basically they shouldn't be re-verifying the same relationship over and over again and one approval of a good faith marriage exception should cover every subsequent application. I also dismissed all their claims raised in the RFE as absolutely horse s**t in slightly more polite terms, i.e. "I disagree with the assertion that...".

 

It took 6 months after I send in the RFE to get my approval.

And they saying very experienced people works in Vawa unit . This is disgrace wasting tax payers money on Vawa unit . Staff . Approval of i130 it self declared relationship between two individual is legit. All they needed do is to verify for about abuse and good moral conduct. 
how much Vawa unit . Employees making by the way. They milking it on  our tax money . This is disaster. What makes them so perfect by the way they have to judge the whole situation and decide. They can’t even do it on time . 
someone please lawsuit Vawa unit . 
personally me waiting for decision more than 30 months . They have to answer to someone for being late ,supervisor maybe,How they asking all kind of evidence for good faith marriage . Tell me how in the world abused person can find those evidence after 4 long years . Please make some sense. Be real little bit . Please be reasonable. Be human.