AfroUSA

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.

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.

Hello everyone! I am a long time reader but a first-time poster on this forum. I want to, first of all, thank everyone who has contributed to this because it really does help a lot of people myself included. I was deeply depressed, had no money, no lawyer or even a place to live, due to various abuses from my wife, but got encouragement from this forum via various peoples stories. I was also in removal proceedings due to overstaying a visa. However, after being greatly inspired by this wonderful forum, I gathered all the evidence I could and sent it in July 2017. After I got my receipt number I heard nothing until October 2018, when they sent me an RFE for Good Moral Character,  Termination of Prior Marriages (I was married and divorced before) and Section 204(g) (because I was removal proceedings). The GMC and Termination of prior marriages were easy but Section 204(g) was intimidating. Every lawyer I consulted told me that it was going to be next to impossible to get approved because the burden of proof is much higher when you are in removal proceedings. However, I believe only God knows my destiny, so I did not get discouraged. I started to research in this forum of how on what I could send to reply to Section 204(g) which basically wanted more evidence to prove the marriage was real. Thanks to going to the old pages of this forum and particularly reading all of @sandranj  advice, I felt confident enough to send back the RFE on January 10, 2019. On March 9th, 2019 I got an alert saying I GOT APPROVED FOR FORM I-360. I really want to thank everyone who contributed to this forum and I will pray for all of those who are waiting for their results and who are thinking about filling.

MY TIMELINE I-360

-- JUNE 30 PACKAGE SENT (TAX RETURNS, LEASE CONTRACT, RENT & UTLITIES RECEIPTS [20 MONTHS], MARRIAGE CERTIFICATE, ID'S SHOWING SAME ADDRESS, PSYCHOLOGICAL EVALUATION, JOINT BANK ACCOUNT [10 MONTHS ACTIVITY], PERSONAL STATEMENT [15 PAGES], 5 WITNESS STATEMENTS, PICTURES OF INJURIES SUFFERED) 

-- JULY 7 2017 RECEIPT RECEIVED. NO PRIMA FACIE 

-- OCTOBER 7 RFE: GOOD MORAL CHARACTER, TERMINATION OF PRIOR MARRIAGE, SECTION 204(g)

-- JANUARY 10 RETURNED RFE: GOOD MORAL CHARACTER (STATE BACKGROUND CHECKS), TERMINATION OF PRIOR MARRIAGE (DIVORCE DECREE), SECTION 204(g)[ BONAFIDE MARRIAGE WAIVER, JOINT BANK ACCOUNT (18 MONTHS ACTIVITY), 3 WITNESS STATEMENTS, JOINT CREDIT CARDS]

-- MARCH 9 APPROVAL NOTIFICATION