Demise

You can ordinarily only adjust status from ESTA or/and after an overstay as an immediate relative of a US Citizen (spouse, parent, unmarried child under 21). Child of LPR wouldn't be able to adjust partly due to arrival on ESTA (INA 245(c)(4)) and partly due to the overstay (INA 245(c)(2)). Only options would be for the mother to naturalize first or for the kid to undergo consular processing abroad. Minors do not incur re-entry bans, so a waiver shouldn't be needed for consular processing. Well, since the kid is 9 the best option would be to file I-130 denoting that the kid will undergo consular processing. Make sure the kid leaves before incurring a ban. Then go attend the consular interview. One major screw up that happened here was not adding the kid to the petition or if the kid was born after issuance of the immigrant visa just taking her with the mother. A child born to an LPR mother visiting abroad or a parent in possession of an immigrant visa that's still valid can just be admitted as an LPR to the US if that's during the first trip of the parent back to US within 2 years of birth. What about the father, is he a citizen now? If he's a citizen, one way around this whole mess would be for him to be the petitioner, then the daughter could just adjust. Was he a citizen when the daughter was born?

There's not much in the Policy Manual or in the regulations. So the best proof would be the factsheet and N-400 instructions: VAWA Naturalization Factsheet: https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf Relevant section is on page 2, information about your spouse. And the N-400 instructions: https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf Relevant part is on page 13 that I mentioned before, the paragraph that starts with "NOTE:". The way I would write this would be something like this, feel free to use this, just plug in your info, if still married just take the (ex-) out, if you're divorced by now then just take the parenthesis around (ex-) out. Obviously include a copy of the things listed in attachments: In re: N-400 Application for Naturalization under VAWA Receipt number: XXXYYYYYYYYYY Applicant: Your name (A#XXX-XXX-XXX) To whom it may concern: I believe that this request for evidence is improper and request managerial review. I attended an interview on [date] at [field office]. During this interview the immigration officer contrary to USCIS procedures demanded proof of my (ex-)spouse's citizenship and wouldn't accept any explanation that I am seeking naturalization under VAWA nor wouldn't accept alternate proof I used on my I-360 self petition, and subsequently issued this RFE. Naturalization for VAWA Lawful Permanent Residents Fact Sheet states: The Form N-400, Application for Naturalization, requests basic biographic information about your current and former spouses. However, USCIS will not contact your current or former spouse about your application. In addition, you do not need to establish that you are or were living with your spouse or provide documentation about your spouse. (Exhibit A) N-400 Instructions page 13 states: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. (Exhibit B) My VAWA I-360 was approved listing class IB1. (Exhibit C) My permanent resident card lists category IB6. (Exhibit D) Previously submitted evidence was enough for USCIS to determine that my (ex-)spouse is a US Citizen and approve my I-360 and I-485 as a self-petitioning spouse of a US Citizen under VAWA. Moreover, demanding further documentation regarding the abusive (ex-)spouse goes contrary to the spirit and intent of VAWA. Especially when demanding a document such as a US Passport or Naturalization Certificate of such spouse since I am simply unable to obtain them outside of my (ex-)spouse giving them to me. Such a demand essentially places veto power over 3 year naturalization under VAWA in hands of an abusive (ex-)spouse. In light of the foregoing I ask that you proceed with my N-400 application for naturalization. _______________________ [Your name] Attachments: Exhibit A: Naturalization for VAWA Lawful Permanent Residents Fact Sheet Exhibit B: N-400 Instructions Page 13 Exhibit C: Copy of I-360 Approval Notice Exhibit D: Copy of my permanent resident card

Only response you can give to the RFE is to explain that the RFE itself is improper and give them page 13 of the N-400 instructions which reads: NOTE: Evidence of the spouse's U.S. citizenship, marriage to the U.S. citizen, divorce or separation, or marital union is NOT required if you obtained LPR status as the spouse, former spouse, or intended spouse of a U.S. citizen who subjected you to battery or extreme cruelty. What's the category code on your green card? IB1, IB6, B21, B26, BX1, BX6, Z14? If it's IB1, IB6, or Z14 then you should straight up write that you are requesting managerial review because the reviewing officer is outright wrongly demanding documentation which is not required of you. If it's B21, B26, BX1, or BX6, then you should write that you are requesting managerial review because you believe that the officer erred in demanding proof of your abusive ex's citizenship from you because: 1. Demanding this proof is contrary to the intent and spirit of VAWA because it essentially locks eligibility for naturalization under the 3 year provision behind documentation belonging to the abusive ex, essentially giving them a veto power over your naturalization, 2. You provided the evidence you were able to obtain: Driver's License, Social Security, and voter information. This information was previously deemed good enough to approve your I-360. Moreover currently only District of Columbia, and municipalities in 3 states (CA, MD, VT) permit noncitizens to vote in local elections, meaning that more likely than not your ex registered to vote following naturalization. 3. USCIS is able to perform immigration status checks in cases that warrant it, and any VAWA cases due to their unique nature where the (ex-)spouse is abusive and thus extremely unlikely to cooperate definitely warrant it.

You can file up to 90 days early. People generally recommend giving it a few days after the 90 days before date comes, so like 85 days or so, just in case so someone counting days on intake doesn't mistakenly return your application.

Since they married and there remains a stepparent-stepchild relationship between you and your USC Stepparent. First and foremost you should do a FOIA to see what exactly happened. Was an I-485 filed for you, if so, was it approved, denied, etc. If I-485 was filed and approved then you'd need an I-90 so they send you a new green card. Otherwise your stepparent could file I-130 on your behalf and you will be eligible to adjust status by filing I-485. Limitations on K-2 adjustment is the same as for K-1s, you can only adjust via a petition filed by whoever got you the K-1 or K-2. That can be the original I-129F (bit late for that), I-130, or a VAWA or Widow(er) I-360.

https://www.uscis.gov/policy-manual/volume-3-part-d-chapter-2 They probably won't give you a copy of the naturalization certificate, but they will take circumstantial evidence like an I-130 receipt/approval notice, marriage certificate listing the spouse's place of birth in the US, if naturalized they will actually do a status check on your behalf where you can give them information about the ex (name, SSN, A#, place of birth, etc). Like, USCIS does understand that part of the eligibility involves documents regarding a hostile third-party and they might be simply outside of your reach.

What's the arrangement you have right now? Do you alternate like a week with you, week with him? Or otherwise keep it close to 50/50 like lets say switch every 6ish months? In case like this I believe you'd answer no to Part 9, 17.g., and tick the box for "no" in Part 6 next to the child. If they did RFE you then instead you can send them an amended N-400 correcting that and give them some proof that you are otherwise financially supporting the child while it's your time, and something to prove you came to this agreement, signed affidavit from the other parent is best or some signed coparenting plan but if he won't sign it then well, you have to give them secondary stuff like emails or texts (maybe affidavits from third parties, hell, affidavit from the kid) and hope for the best. Court order giving you 50/50 and no child support from either party would also work. I'd definitely understand the confusion because on N-400 it asks "Are you providing support for this child" but that question is apparently asking solely about what a normal person would call child support.

Alright, nevermind, yeah USCIS screwed up there.

Yeah it's fine to use it for that. Question though, you say that it was wrongly issued for 10 years rather than 2 following AOS from a K-1. Are you sure it was wrong? BIA has held in Matter of Sesay that if adjusting from a K-1 visa, you can skip the conditions if you've been married for more than 2 years as of the approval date. So the questions are: 1. What's your marriage date? 2. What's the resident since date?

The mail recovery center is in Atlanta, GA. The actual address is not publicly known and no, they won't let you come in person to browse through the piles of misplaced documents. If the card made it there it would likely make it back to USCIS eventually since it reads on the back "If found, drop into any US mailbox. USPS: Mail to 7 Product Way, Lees Summit, MO 64002". You should probably just reach out to USCIS with what you got from USPS and ask that they reprint it, since well USPS doesn't know what happened to it exactly, it might've been sent to the recovery center, it might've equally well fallen behind something somewhere (and well, there were postal workers who went to prison for destroying stuff from USCIS).

VAWA provisions are gender neutral, and yeah what you described definitely meets the requirements. Extreme cruelty is (generally) a pattern of behavior and her actions do seem to raise to that, they definitely do raise to the standard of battery since "she only hit me once" is enough to tick that box and you've had it way worse. So yeah, you have a case, good luck. From personal experience they tend to question the legitimacy of the marriage way harder than they tend to question the abuse part. So my thoughts to you is get a copy of anything you have that proves that, anything with both your names on it, stuff listing common addresses, birth certificates of children (if any), and so on and so forth, basically the same thing you'd normally need for an ordinary marriage case. You can probably come around to the VAWA thread:

@Royal Seed Also to add two more things (just popped into mind and previous post is outside the edit window): If you all originally entered as K-1 and K-2s, they'll need to FTJ on your I-360 or file their own. K-1s and K-2s are able to adjust only via a petition involving the person who got you the K-1 and K-2s. This can be the original I-129F, I-130 filed by the same USC, or a VAWA I-360 where the abuser was the same USC. Proceeding with any other sponsorship you have to proceed as if they entered without inspection but worse and would have to complete the process via consular processing abroad. Another factor that tends to trigger DNA testing is lack of birth certificates (where you submit secondary proof like hospital records, church records, etc), and late registered birth certificates.

You can if the children have somehow maintained lawful status, which they're exceptionally unlikely to. @Royal Seed That being said, why not just have them follow to join on the I-360? Normal VAWA protections apply to derivatives too including being able to adjust after overstay, violating one's status, or EWI even and skipping the need for an I-864 (where you file I-864W for each). So the stuff to submit for each would be: I-485 I-765 (optionally) I-131 (optionally) Copy of your I-360 approval notice Copy of kid's birth certificate with translation if not in English Copy of your green card Copy of any name change documentation if the name listed on their birth certificates doesn't match your current name Copy of kid's passport's ID page Copy of visa and I-94 they entered with (if not an EWI) I-864W I-693 (can be submitted later) I really do hope you listed them on your I-360 and I-485, otherwise I'd recommend getting a good lawyer on how to maneuver this screw up. If you come from a high fraud country (ie. most subsaharan Africa countries like Kenya) you should also include a DNA test proving parentage. You should also be just ready to get the DNA test done if USCIS questions the parentage. Pick out a lab, call in, ask for their turnaround, and be ready to get that done ASAP should you get an RFE for further proof, it may or may not ask for a DNA test specifically. Of note is that FTJ benefits are available up until you naturalize. The petition completely ceases to exist for FTJ purposes following a naturalization of the principal. If your kids entered legally then it's no biggie, in case of which you can just file I-130/I-485 to have them adjust in US. If they EWI'd and you naturalize they'd need to be out of the country before they're 18 years and 180 days old to avoid re-entry bars and need for an I-601 or I-601A waiver.

I got a "can't say, can't tell you an estimate" kind of answer when I asked. I think it's just a job which forces people to act as welcoming as a sign stating "Danger - Active minefield". Walking out of there and thinking "well, things went alright, I guess" is likely the good scenario. According to my lawyer apparently the interviewer liked me. I did overhear some chit-chat between her and her trainee about her cat and made sure to mention my cats. "No, I don't have any children, unless you want to count my cats", lol. I think that helped cause you know, the interviewer can question you anywhere from just nodding to your brief rehearsed answer before moving onto the next question and grill you to the point that the KGB would think it's a bit much.

Interview - 4/29/24 Approval - 5/10/24 Green card in hand - 5/22/2024 So yeah about 3 weeks between interview and green card in hand. It's crazy how happy a piece of plastic makes me.

Nothing. Like I said, the thing you're referencing is 245(k) and that one is only applicable to adjustment via employment sponsorship (EB1-EB5). It does not work for family cases, it does not work for DV cases. Other than that, leaving and coming back does nothing to prior unauthorized employment. See Item B: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6 If it's him that won he should try his damnest to get an interview abroad for the DV1 visa because like I said, unlawful employment is only a bar to AOS, it's not an inadmissibility on its own. If it's his spouse that won then that makes a bit easier, since all else fails, his spouse could adjust in US and later just sponsor him in F2A, he'd still need to do consular processing to get his green card but there's no time pressures (since DV can only be issued in the fiscal year, so by September 30th or it's gone).

245(k) which is what this is referencing is only applicable to adjustment via work. Where you can violate your status (work illegally, overstay, etc) for up to 180 days since last admission to US, and yes, leaving and being re-admitted resets that clock. Your friend should just do consular processing abroad. Working without authorization is a bar to AOS, but it's not a bar for consular processing.

Then just file N-600 for him. Passport is another option with the caveats Moda25 pointed out. You will need the following: Your naturalization certificate (showing naturalization date when he was under 18) Your son's green card (showing that we was an LPR while under 18) Your son's birth certificate (with translation if not in English) listing you as a parent Then you will need stuff to establish custody, stuff like medical records, school records, if you're divorced and court gave you primary custody then that order also works (w/ translation if that's not in English). With N-600 with USCIS you send copies, with the passport with Dept of State you send in originals, which will be returned to you sometime after the passport. If son is over 16 he will need to attend an interview where he'll be sworn in as a citizen.

So few questions: How did you become a US Citizen? Is he a biological son, adopted son, or a stepson? Is he residing in your legal and physical custody?

I-360 filed: 08/21/2018 I-360 RFE: 02/27/2020 I-360 RFE response sent: 05/21/2020 I-360 Approved: 11/10/2020 Motion to recalendar and change venue filed: 07/29/2022 Motion to recalendar and change venue approved: 08/30/2022 Here it got stuck due to a pending FOIA I had with EOIR, only learned that due to ICE attorney looking into what happened Proceedings dismissed: 06/07/2023 I-485 filed: 06/17/2023 I-485 RFE for medical: 02/05/2024 I-485 RFE response sent: 02/26/2024 I-485 interview: 04/29/2024 I-485 approved: 05/10/2024 Green card in hand: TBD First day of eligibility for N-400: 02/09/2027

Name changes aren't available as a part of N-600 or US Passport Applications, or for minor child as a part of a parent's N-400. If you need to change his name you'll have to file for that with a state court (which you know, how annoying it is depends on the state's requirements like publication). The best way about this would be to file for that now, naturalize, and when you file for his US passport or N-600, include the name change order so they'll issue the document in a new name. In either case Social Security will have to be notified of the name change on your own. The various health departments likely don't do it, and USCIS doesn't do it with an N-600, they just recently started offering that as an option on an N-400. Easiest way is to just send in the original documentation (certified name change order, proof of citizenship) with an SS-5 for a new card.

Has your ex naturalized since then? If (s)he's still an LPR then you're not eligible to naturalize after 3 years. If it has been over 5 years then you're fine regardless. If it has been 3-5 years then well, when did you become an LPR and when do you believe your ex became a citizen? You need 3 years for both. I believe that USCIS can just look it up since getting a copy of naturalization certificate can be pretty damn hard from someone who you are not in contact with and likely wouldn't want to help anyways. Judging from the policy manual Volume 3, Part D, Chapter 2, it looks like they will take any other evidence, so just something with their A-number should be enough for them to look if your ex naturalized and when.

You are applying based on VAWA. Your IB1/IB6 green card is proof of that. If your green card reads IR1/IR6 then you'll need to provide a copy of I-751 receipt notice showing you were granted a VAWA waiver. If your green card reads B21/B26/BX1/BX6, then you will need to provide evidence that your ex naturalized since then. Generally you should be able to give them an A number and USCIS should be able to look it up. In the unlikely event that your green card reads Z14 (from VAWA Cancellation of Removal) then you'll need to prove that you were married in order to qualify.

What does it say exactly? I just pulled up a copy of mine and it does say: "Evidence of your sponsor's and/or co-sponsor's United States Citizenship or Lawful Permanent Resident status.", the thing is that is a bullet point associated with an I-864, since this is a VAWA and you've filed an I-864W this is not applicable. If you haven't filed an I-864W, print one out, fill it out, sign, and bring it to the interview with you. If it does actually say to bring their Certificate of Citizenship, then well, if you don't have it, you don't have it. Tell them that "I don't have it, it's not my document to have". VAWA is also one of the few cases where USCIS can do some investigating on their own, if they're a naturalized or derived citizens they can just find that by their A-number. If they had a passport they can likely pull that from the Department of State. I don't know if they investigate birth certificates with the local departments. Moreover, USCIS does not interview for I-360s, meaning that at the time you get an interview for your I-485, whether your ex is a citizen is an established fact.

The only way this could be salvaged is if: 1. You have a spouse that was born in an eligible european country and they're immigrating together with you (e.g. they were born in Portugal), or; 2. You qualify under a "just passing exemption", basically immigrant visas are generally charged to country of birth, but if you were born in a country and never lived there and neither of your parents were born there, or resided there at the time, then you could charge it to a country one of your parents was born in (e.g. both of your parents were born in Portugal, you were born during a vacation or in transit). 3. 1 and 2 both apply (e.g. your spouse was born in lets say Canada during a brief visit, but lets say one parent was Russian and the other was German).