VAWA - After 4 years of divorce

[Demise 1,098]

31 minutes ago, VolksWagon99 said:

I heard there's one COR for people who're here for last 10 years, is VAWA COR same? Is Level of Hardship to prove in VAWA COR lower?

 

 

So, even after approval in this case, one has to wait for the quota for few years to get GC?

 

 

It was I-130 denied and he appealed that to the BIA and the I-130 denial was remanded back to reconsider.

 

 

BIA remanded back due to no noted of director on which he based his decision & No NOID issues

 

 

Its working; and i think lot better than calling. FOIA is always helps. Better to file by yourself or by Attorney for faster delivery? Is it paper file they send?

 

 

Thanks @Rocio0010. Point Noted!

Regular COR requires 10 years of living in US in any status (including none at all) and that your removal from US would cause "extreme and unusually extreme hardship" to a US Citizen or LPR, Spouse, Parent, or Unmarried Child Under 21. Being placed into removal proceedings stops the 10 year clock, so you can't stall out to eventually qualify.

 

VAWA COR requires only 3 years of residence in US in any status (including none at all), the typical elements of VAWA (Battery or/and extreme cruelty, good moral character, etc) and that your removal from US would cause extreme hardship to yourself or your USC/LPR child.

 

In regards to BIA appeal: Okay so it was just the I-130 so that's going nowhere because even though USCIS should've approved the petition itself, the divorce would end up killing it anyways.

 

FOIA really doesn't matter who files it. You can either request it online or via a paper application. They either give it as a printed out stack of documents, an electronic download, or they mail you a CD.

 

Like the way I see if, if your friend was subjected to battery or extreme cruelty then well VAWA COR remains on the table. Get a service request with USCIS to basically ask them to deny and forward the case to removal proceedings so you they can then file EOIR-42B under VAWA. This is way outside of DIY, so your friend should get a good lawyer.

Edited January 17, 2022 by Demise

[VolksWagon99 5]

7 minutes ago, Demise said:

Regular COR requires 10 years of living in US in any status (including none at all) and that your removal from US would cause "extreme and unusually extreme hardship" to a US Citizen or LPR, Spouse, Parent, or Unmarried Child Under 21. Being placed into removal proceedings stops the 10 year clock, so you can't stall out to eventually qualify.

 

VAWA COR requires only 3 years of residence in US in any status (including none at all), the typical elements of VAWA (Battery or/and extreme cruelty, good moral character, etc) and that your removal from US would cause extreme hardship to yourself or your USC/LPR child.

 

In regards to BIA appeal: Okay so it was just the I-130 so that's going nowhere because even though USCIS should've approved the petition itself, the divorce would end up killing it anyways.

 

FOIA really doesn't matter who files it. You can either request it online or via a paper application. They either give it as a printed out stack of documents, an electronic download, or they mail you a CD.

 

Like the way I see if, if your friend was subjected to battery or extreme cruelty then well VAWA COR remains on the table. Get a service request with USCIS to basically ask them to deny and forward the case to removal proceedings so you they can then file EOIR-42B under VAWA. This is way outside of DIY, so your friend should get a good lawyer.

Thanks @Demise  for detailed explanation!

 If VAWA COR approved, its 10 yrs GC. Right? And it includes GC for dependents also (unlike regular COR that benefits only applicant) 

 

[Demise 1,098]

23 minutes ago, VolksWagon99 said:

Thanks @Demise  for detailed explanation!

 If VAWA COR approved, its 10 yrs GC. Right? And it includes GC for dependents also (unlike regular COR that benefits only applicant) 

 

Yes it is a 10 year green card, eligible to naturalize after 3 years.

COR does not allow derivatives. They would need their own form EOIR-42B but proceedings can be consolidated in that the judge will review the parent's and each children's case as one complete whole.

[Diane and Chris 651]

Not really relevant, but what would happen if he remarried to a USC during this ordeal?

[VolksWagon99 5]

4 hours ago, Diane and Chris said:

Not really relevant, but what would happen if he remarried to a USC during this ordeal?

Cancel old one & start new AOS process, i guess

 

 

17 hours ago, Demise said:

would cause extreme hardship to yourself or your USC/LPR child.

Any examples what considered as ' extreme hardship' here

[Demise 1,098]

2 hours ago, VolksWagon99 said:

Any examples what considered as ' extreme hardship' here

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

[VolksWagon99 5]

16 hours ago, Demise said:

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

So, its  ' extreme hardship'  in case of VAWA COR (lower standard)

 

And 

 “exceptional and extremely unusual” hardship in regular COR which is way higher standard to prove

 

Is my understanding correct?

[VolksWagon99 5]

25 minutes ago, VolksWagon99 said:

So, its  ' extreme hardship'  in case of VAWA COR (lower standard)

In vawa COR, It seems if someone in removal proceedings (also was eligible for vawa) and has USC kid; he can be granted  vawa COR easily

[Rocio0010 5,569]

5 minutes ago, VolksWagon99 said:

In vawa COR, It seems if someone in removal proceedings (also was eligible for vawa) and has USC kid; he can be granted  vawa COR easily

I think this would help you https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

[VolksWagon99 5]

19 hours ago, Demise said:

https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Thanks!  But COR cases are heard ny Immigration Judges in Immigration courts and never by Immigration officer. Right?

 

1 hour ago, Rocio0010 said:

I think this would help you https://www.uscis.gov/policy-manual/volume-9-part-b-chapter-5

Thanks!

[Demise 1,098]

5 hours ago, VolksWagon99 said:

So, its  ' extreme hardship'  in case of VAWA COR (lower standard)

 

And 

 “exceptional and extremely unusual” hardship in regular COR which is way higher standard to prove

 

Is my understanding correct?

Yes "extreme hardship" is the lower of the two. It's on par with unlawful presence waivers which honestly as long as there's no negative factors in your case and your country of origin kinda sucks it's pretty simple.

 

2 hours ago, VolksWagon99 said:

Thanks!  But COR cases are heard ny Immigration Judges in Immigration courts and never by Immigration officer. Right?

Correct, application for cancellation of removal can only be done before the immigration court. You cannot file it with USCIS.

Edited January 18, 2022 by Demise

[Demise 1,098]

On 1/17/2022 at 11:55 AM, Diane and Chris said:

Not really relevant, but what would happen if he remarried to a USC during this ordeal?

I'm honestly not sure. Looking into INA 240A, 8 CFR 1240.20 and .21, Policy Manual, and EOIR-42B instructions do not seem to preclude one from seeking VAWA COR after a remarriage. Don't quote me on the Policy Manual however, that thing is an unstructured mess that's hard to search through so I skimmed over it.

 

If he remarried then it'd be simpler to just get a new I-130/I-485/etc rolling rather than pursuing a COR VAWA (if it remains available), especially that BIA overturned the I-130's denial which would take care of any presumption of marriage fraud under INA 204(c).

Edited January 18, 2022 by Demise

[Rocio0010 5,569]

25 minutes ago, Demise said:

I'm honestly not sure. Looking into INA 240A, 8 CFR 1240.20 and .21, Policy Manual, and EOIR-42B instructions do not seem to preclude one from seeking VAWA COR after a remarriage. Don't quote me on the Policy Manual however, that thing is an unstructured mess that's hard to search through so I skimmed over it.

 

If he remarried then it'd be simpler to just get a new I-130/I-485/etc rolling rather than pursuing a COR VAWA (if it remains available), especially that BIA overturned the I-130's denial which would take care of any presumption of marriage fraud under INA 204(c).

Just asking out of curiosity and not being judgmental. If the person remarried and went through with another AOS, wouldn’t that be red- flagged as a desperate intent to stay?

[Demise 1,098]

Just now, Rocio0010 said:

Just asking out of curiosity and not being judgmental. If the person remarried and went through with another AOS, wouldn’t that be red- flagged as a desperate intent to stay?

Probably. But as I said, application of last resort. You file it, maybe you win maybe you lose, you don't file it, you'll definitely get a removal order.

[VolksWagon99 5]

On 1/18/2022 at 5:35 PM, Demise said:

Correct, application for cancellation of removal can only be done before the immigration court. You cannot file it with USCIS.

We are so lucky that we have @Demise here

 

Wealth of knowledge!!

 

Just in case. if somebody want to proceed w/ VAWA COR; He needs to be in removal proceedings. Right?

So, he'll be filing all prerequisites like abuse proof, Good character, Marriage proofs etc with the court to be considered for VAWA COR?

Can one file for VAWA COR along w/ regular COR?

 

Thanks!