Demise

You might be able to contest it unless it did actually disinherit you (e.g. "to my wife Sharon I leave nothing"), especially if the marriage was entered into after the will was signed or if there's another later will created over in Honduras. But that's really a question better poised for an estate attorney rather than this site. We're here mostly for immigration aspects like if you wanted to get a widow petition, get a green card, and just keep on living in US. When it comes to the question you asked originally, I'll just restate what I said previously: US doesn't do any kind of recording, transfers, or legitimation of foreign marriages and just holds them valid as long as they don't violate US law. Similar should hold to any foreign will if there is one.

No, that would require an actual law to repeal it and all in all we're pretty low on the chopping block. VAWA reauthorization is more just re-funding the other parts of the law (DV shelters, etc). Immigration parts just exist separate from that and have no expiration date. For example, prior reauthorization expired on Feb 15, 2019 and wasn't reauthorized until March 15, 2022 (through FY2027, so current exp date is Oct 1, 2027). As you might tell from all the people here who filed sometime during that window (myself included), we were able to file it just fine. He can make other parts more annoying however. His former AG (Jeff Sessions) made terminating removal proceedings next to impossible which really delayed me in getting my own green card until Biden's AG (Merrick Garland) remembered that he's alive and overturned that decision. All in all I got delayed like almost 3 years because of that nonsense.

Yeah in this case you can do a single I-130 (F2A category will allow your stepson to tag along as a derivative). Note that if you naturalize before they're in US, the spouse will get upgraded to IR and the stepson will fall off. So if you are planning to naturalize before they'd immigrate, it might be a better idea to just file an I-130 for each. There's also some age considerations if the stepson was 18 or over at the time when you married or if you were to naturalize while he's over 21. If you married while he's over 18 then there's no stepparent-stepchild relationship between you two, and he's only able to tag along on the F2A as a derivative. CSPA allows one to count the time the I-130 was pending against age of the child in question (e.g. if it's pending 3 years, the priority date has to become current before he turns 24). Otherwise, if you naturalize while he's over 21 then as a F2A primary, he'd get downgraded to F1 because age at (step)parent's naturalization overwrites normal CSPA age. (As a derivative he'd just fall off regardless of age on account of wife being upgraded to IR which doesn't allow derivatives). If you naturalize while he's under 21, then he'd get upgraded to IR and would no longer be able to age out. Hopefully he's like 10 and this isn't a concern but it's better to just give this information in the event that it is applicable.

Well there's illegally because you entered without inspection, and there's illegally because you overstayed. In the latter case (overstay) at least OP should be able to file I-360 as a widow and adjust, provided it's been less than 2 years since spouse's death. In the former case (EWI) 204(l) should cover an I-601A provided OP has resided in US at the time of spouse's death and continues to reside in US. Proving bona fides might be harder depending on the circumstances since OP has said that they never lived together in US, however nothing in the law requires cohabitation specifically in US (like for example is a requirement for VAWA). Anyways OP, regarding estate law, US doesn't do any kind of registration of foreign marriages and basically just gives full faith and credit to foreign marriages as long as they're not prohibited under US law (e.g. polygamous marriages and you're the second or latter wife). So a translated Honduran marriage certificate is basically the document proving you're eligible to inherit from your late husband in absence of any will to the contrary.

I assume the kid immigrated as an IR2. Well first order of business is whether she's eligible for citizenship. For that you'd need to adopt her or for your wife to have naturalized. If wife's a citizen then you're good to go. In this case yeah you can apply. Things to submit are as follows (originals, will be returned later): 1. Wife's naturalization certificate or her US passport 2. Kid's passport with stamped immigrant visa 3. Kid's birth certificate with translation 4. Ideally some other proofs of physical custody (school records, vaccination records, etc). The birth certificate in this case handles the matters of custody since the father is a John Doe. If wife's not a citizen then well, kid isn't eligible for citizenship (and therefore a US passport) until wife naturalizes (before 18th birthday) or you adopt the kid (I believe before 16th birthday).

It's a bit complicated. Upon denial of I-485 you fall back onto the prior status. So if you have one that hasn't yet expired then you're good until that expires. If not then I-485 denial doesn't give you any kind of grace period. You are out of status as of the date of the denial, so if you want to cut your losses you should leave ASAP, however you do have 180 days to leave before re-entry bans kick in. Then when it comes to I-290B (motions to reopen or/and reconsider; I-485 normally doesn't let you file a direct appeal) it gets really messy since filing the form doesn't put you into period of authorized stay, however if that's approved and the I-485 gets approved then the period you were out of status just gets wiped. Similar with any kind of de novo review in removal proceedings. So if you are seeking adjustment in category where being out of status is not a concern (e.g. via marriage to a US citizen, either I-130 or I-129F), then it might be better to just file a new I-485 since that'd put you into another period of authorized stay unless removal proceedings were already initiated at the time. If not then only way to get AOS is to file the I-290B or fight it in court where you're not protected and if you lose on that then you'll get the re-entry ban on the way out.

Personally I'd do this through a senator/congressman. VAWA privacy protections make any kind of inquiries a mess. Though it also depends on where it went and what category it is, if it's a C10 (from COR) or C09 in removal proceedings then I think it might fall outside VAWA's privacy protections due to just going to a different place than the humanitarian units. Do you have any notice regarding it? Which office is listed on the bottom.

Reach out to your congressman/senator. It's possible the notice got lost in the mail or someone in USCIS screwed up and didn't process the I-765 or somehow misplaced it. Like all in all "issue or re-issue me a receipt notice" is not a huge ask. The receipt notice serves as an automatic extension for 540 days (has to be presented together with the EAD).

On 3.a. pick the fourth option "Adjustment of status from A, G, or NATO Nonimmigrant to Immigrant" because that's what you're doing. 3.b. leave blank or put in "N/A" as this question is applicable only for the first two options. First one is for when you move from some other non-immigrant status (e.g. F-1 student) to A/G/NATO. Second one is for when you move from A/G/NATO to some other non-immigrant status (e.g. into F-1 student). Third one is for when you give up permanent residence in US to instead take up diplomatic status (e.g. green card to A-1). Fourth one is for when you move from A/G/NATO to green card. (which is what you're doing). Fifth is Section 13, where you are applying for permanent residence in US because it's unsafe for you to return to the home country.

Actually original jurisdiction over I-751 always rests with USCIS. On denial and NTA that's where IJ can do a de novo review. https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-7 Looking at this all, OP seems to be finally doing the correct thing here because USCIS in general wants proof for the entire marriage when filing I-751 (and possibly outside of the periods, like dating before actually getting married or handling the late spouse's estate in widow(er) cases. To answer OP's questions: While you remain an LPR while the proceedings are pending and until you get actually ordered removed, personally I wouldn't risk it. Sure. Your first two denials seem like an issue of thin file. They might still RFE you for more where you'll want to get any circumstantial evidence, ordered late hubby something on Amazon, get the invoice and add that in. If kids are both yours and late husband's then DNA tests would be pretty good evidence since in general fake marriages won't produce kids (not saying they can't or that childless marriages are illegitimate, it's just what USCIS wants internally). USCIS won't take an N-400 from someone in removal proceedings outside of the 9th circuit. In any case approval of an N-400 with a pending I-751 hinges on the I-751. So you can't file N-400 to somehow sidestep an I-751 unless you join the military and naturalize via military service.

Honestly, the estimated processing times are just that, estimates to keep most people from calling in. They are also based on the current snapshot so there's no guarantee that it won't go up and your case inquiry date won't slide backward. Basically, for the most part it's it'll be done when it's done, and if it goes way over time estimates, that's when they finally relent and let you check in.

USCIS prints EADs and Green Cards in like 2 facilities. From my own experience it was like under 2 weeks between approval and card in hand. Majority of that time was just waiting for it to actually be printed and mailed out. Just check the case # on USCIS.gov and it'll update to them mailing it out soon and it'll list the tracking # for USPS.

Your spouse will be in Immediate Relative category (IR). IR does not allow derivatives. If the stepkids were under 18 when you married and are still unmarried and under 21, then you can petition for them also as IRs. So your spouse, and each of the stepkids will likely just need their own I-130.

The loss is not automatic. 1 year is just the general cut-off before when CBP might seriously question it with the presumption that you've abandoned it (so the burden of proof shifts to you that you planned to come back). Absent you filing an I-407 you can generally try to enter US on a green card and see what happens. CBP can do one of three things: 1. Admit you back in as an LPR - great 2. Try to pressure you into signing an I-407 and leaving 3. Parole you for removal proceedings - then it depends, if you are eligible to readjust (e.g. you are married to a US citizen who can re-sponsor you) you can generally do that then, otherwise you have to convince the judge that you didn't abandon your permanent residency. Obviously not a straightforward option since the green card got lost. Bit late for the boarding foil. I do agree with nastra30, gather up any documents you can (police report of it being lost/stolen, anything to prove that you have something to come back to in US like rental agreements, mortage, bills, paychecks (or if you got let go or put on some kind of sabatical something from your employer that you can get your job back once you've sorted this mess), kids birth certificates and school records, freaking Costco membership you still pay for, discord messages where you lament over losing it and not being able to afford the fee for the I-131A), fly to Mexico/Canada, go to the US border checkpoint and sell your story that it was never your intention to abandon it and it all happened due to a chain of unfortunate events outside your control. Then basically the same stuff as above applies. They can admit you back in they can parole you back in (where you'll need to convince a judge instead). Just don't sign an I-407.

It's a bit more complicated than that due to the whole thing of reinstatement of removal order and the fact that proceedings can be reopened even after physical removal. The fact that there's the whole thing of reinstatement of removal where ICE can revive an old removal order to throw you out again without a day in court, and the fact that you can collapse a reinstatement by reopening removal proceedings. I'd imagine that someone who got deported, and served off the ban, would need a new removal order to get deported again but well, google isn't being really how many such cases have there been? From what I've seen if someone manages to get around something like that they'll drive the speed limit until they naturalize. Then there's also the part that you are subject to inspection, admission, and grounds of inadmissibility if you've done anything to make yourself inadmissible since becoming an LPR, regardless of the time spent outside US. (Seen a case like that, guy became an LPR in like 2006, got two CIMTs in 2007, lived just fine until he went on a vacation abroad in 2016, got detained on entry, sent to removal proceedings, filed I-601 with the court for that which was approved and he got released). The 180 days is just the normal cut-off for cases where no other bullet point applies where CBP can prod if you did anything to abandon your permanent residence in US. Naturalization with expedited order is also murky because the policy manual doesn't touch on that. The pertinent part in INA 318 states "no person shall be naturalized against whom there is outstanding a final finding of deportability pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act", they do explicitly consider NTAs to be such "warrant of arrest" everywhere except the 9th circuit (Yith v Nielsen). If you are in the 9th circuit I guess Yith v Nielsen could be expanded to you, elsewhere it's a good question. I'd say give the senator/congressman option a try first and see what happens there before branching out because now you'll just drive yourself mad. If that doesn't work then I-212 can be filed prospectively of traveling out. So you could file that and see what USCIS says. If they approve it - great the removal order and relevant ground of inadmissibility got vacated. If they deny it for mootness (i.e. it doesn't apply to you) also great hang onto that denial letter for when you travel and naturalize. Also as an aside - time to naturalize as a VAWA LPR is 3 years, not 5.

On its face - yes. (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings, This chapter basically means the entire "CHAPTER 12-IMMIGRATION AND NATIONALITY", which includes 8 USC 1225 (INA 235) which contains expedited removal, 8 USC 1229a (INA 240), which are the normal removal proceedings. Basically if it's in INA it's part of that. So in theory, yes, you would be subject to inspection and admission while seeking re-entry. Like, I wouldn't risk it personally, if you want to YOLO it then maybe you could do that, and if CBP admits you back in - great, if not demand to see a judge and maybe the judge would lift the order? Of course there is the risk that the judge puts fingers in his ears and decides that you've self-deported though then there's at least the out of filing I-212.

Reach out to your senator or congressman. VAWA privacy protections render service requests, infopass, etc, useless. In theory you should be able to write to the service center that has your I-360 directly, in all reality those letters just get lost in the pile. So the standard operating procedure here has been to ask your congressman/senator to ask on your behalf because a signed privacy release lets USCIS release the information regarding your VAWA to them and also the congressional inquiries have to be responded to. I tried to write regarding a change of address once. They didn't find the letter until after my senator's office inquired about it.

Possibly could depend on office or if the office that issued the expedited removal and the one that granted the stay are not the same. That's why I'm thinking that going through the congressman is the best option since that'd get send to the congressional liaison office who then would forward it to wherever it actually needs to go (be it a field office or the HQ) with the stipulation that it needs a quick reply. But yeah, all else fails it'd be safest to naturalize rather than risk executing the order. Regarding that acquintance of yours. Did they try a FOIA with ICE and EOIR and see what pops up? Could also try one with USCIS, my own did return an printout of (incomplete) history of proceedings, not a lot but enough to tell me which court to try with if I was in that situation.

OP got rate limited, so replies will likely take a while. From what I gather here from what OP has already posted and what he said in DMs is: OP entered on VWP with abusive ex. OP filed for AOS. Ex pulled the rug from under him and the AOS was denied. OP was given an expedited removal order by ICE OP was given a stay by ICE to file VAWA/AOS OP filed VAWA/AOS and that was granted. OP checked with ICE and was told that "they are unable to cancel it but they would not enforce it." We are here. So few considerations: VWP comes with the stipulation that you essentially waive all avenues of relief aside asylum. USCIS has jurisdiction over I-485 unless IJ has jurisdiction due to the person being in removal proceedings (and pre-1997 deportation proceedings). This is the part that prevents one to file for AOS with an outstanding removal order generally. Those with pre-1997 exclusion orders for example remain eligible to file for AOS with USCIS and later after approval they have to reopen/terminate the exclusion proceedings. Most expedited removal cases never make it before an IJ unless an asylum claim is made and those that do are essentially "asylum only proceedings". Having an outstanding removal order doesn't make you inadmissible, as those inadmissibilities are triggered upon physically leaving the US (whether on their own or when deported). So all in all it's a mess. Since nothing really prevented OP from adjustment of status. Similarly I couldn't find anything that'd automatically vacate such an order upon approval of AOS. ICE also says that they can't do anything about it. From what I gather OP should be able to write to ICE and basically request discretion in rescinding it, send it to the main OPLA office in DC. But if ICE says no then well, not sure, petition for review? In DMs I recommended to try via a congressman or senator's office. Hopefully ICE will take that correspondence more seriously because it's just hilarious that they claim that they can't do anything about it. If all else fails, just stay put, do your 3 years, naturalize, and screw them.

Do a FOIA to see exactly what happened there. Do one with CBP and one with ICE. Like this is a tough situation because an expedited removal just never being executed rarely if ever happens. I'm also not sure who exactly has jurisdiction on AOS with an expedited removal order (probably USCIS since you never made it to actual removal proceedings). Same thing with stays of removal, those generally come with an order of supervision, basically go check in with ICE on the first Monday of each month. Like don't quote me, but what I suspect that might've happened here is basically they gave you the order, and later rescinded it so you can file for VAWA and just planned to reinstate it if the I-360 or I-485 were denied. It is also possible it is still out there somewhere just laying in wait like a landmine, in case of which you'd want to write to whichever office that issued it and ask that they exercise discretion and rescind it on the basis that you were granted AOS. In theory you should be able to file a motion to reopen (with or without form I-290B) with the office that issued it on the same basis (granted AOS) but finding the actual procedures on that is tough since most expedited orders are exactly that - expedited, you get thrown out of the country before a lawyer can do anything. But really, get the FOIAs done because what needs to be done depends on what has actually happened.

VAWA I-360 is considered family based. From I-485: Similarly you are subject to the 5 year restriction of sponsoring a spouse yourself if you get a green card via VAWA. VAWA quotas are also charged to IR category (if abuser is a USC) or F2A (if abuser is an LPR). Alternatively it would go here: and before you nitpick "An approved form I-360", I-485 can be filed upon a pending I-360, it's just that the AOS is not guaranteed until that's approved. There is not filing fee, just send it, likely it'd be approved, or it'll just sit around, or in the meantime the C10 will get approved, you do not stand to lose anything here by filing. I-765V C27-C30 is something completely else. That's basically temporary protection for derivative spouses of abusive A, E-3, G, and H non-immigrants. C31 is the EAD you can get on basis of an approved I-360. C32 as far as I can tell doesn't exist, the only place I saw it mentioned (I-765 processing time charts) list it as "alien with prima facie determination", the category was never implemented.

In this case you are wrong. C9 is a child application of the I-485. Pretty much all applicants for adjustment regardless of basis get C9 (be it spouses, VAWA, widow(er), fiance(e)s, parents, children, SIJ, employees, foreign investors, S/T/U visas, etc). Only ones to use different categories are those adjusting via registry (i.e. lived in US since 1972), asylees, and refugees. So all in all, fill out an I-765 with the category code (c)(9)( ), make a copy of the I-485 receipt notice, make a copy of proof of filing the I-485 with the court (normally that's a stamped cover page of the application packet), and if I'm reading this all correctly: File based on this chart: https://www.uscis.gov/forms/all-forms/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

Did you get a prima facie determination on the I-360? Also: You don't need an I-130 in this case. You can file I-485 with the court on the basis of the pending I-360 and then file for a C9 EAD.

Okay so what did you file exactly? The category code you file an I-765 under depends on the basis of eligibility, not whether you're in removal proceedings. It's not uncommon for an application that is just plain incorrect to just sit in limbo until someone finally denies it. If you filed just an I-360 then the fastest category code would be (c)(14) based upon a prima facie and grant of deferred action (this one also requires you to attach I-765WS). Then there's the (c)(31) you can get upon approval of an I-360. If you filed an I-360 and I-485 then the correct category code would be (c)(9) based upon the pending I-485. This is the same whether you filed the I-485 with USCIS (in case of which it goes to Vermont) or with the court (in case of which it goes to Chicago). If you filed an EOIR-42B then yes the code to use is (c)(10). All of these have no filing fee.

Volume 7 Part A Chapter 8 (Transfer of Underlying Basis) There's no form. You just write the letter to whichever USCIS office that currently has your I-485 (this address would be printed on the bottom of the most recent notice you've received) requesting a transfer, include a copy of the I-360 receipt notice (ideally include an I-864W too), and that's that. The letter can be extremely simple like for example (if you don't have a printer in a pinch you can handwrite it, just make it legible): Alternatively, if you have an interview coming up, you can go to it alone and then depending on whether you have the I-360 receipt notice either bring a copy with you and request the transfer in person (though you should likely just bring the pre-typed or pre-written letter since they do want to include it in the file), or if not, request that they hold your I-485 while you wait on that and mail it in when you do receive it. Then finally, if the I-485 is somehow denied (e.g. ex pulled the I-864) you can just re-file. Recent change to the fee schedule made most VAWA associated forms (relevant here being I-485, I-765, I-131) free to file regardless of ability to pay.