would anyone suggest a VaWa lawyer cos I think I need to change my vawa lawyer

hope waiting same to me my lawyer has sent a motion to terminate mine they denied it they said my vawa has to be approved first

@guitar finger please do you have work permit and social. I’m removal proceedings. I don’t have work permit and social. I filed for vawa June 2024.

@Onyame Ba Tumtum ahof3 yes I have a work permit

@guitar finger exactly I guess that’s what I’m also waiting for

I’m so sorry. I had my case dismissed back in may. My Vawa is still pending. I think it’s very possible to get it terminated.

Yes you can. I was ordered removed August 2023. In July 2024 I filed for Vawa/Adjustment/Employment Authorization and AP with USCIS. After I received my receipts, I filed an Emergency motion to rescind in Absentia Removal Order and Reopen Removal Proceedings to the immigration court and I also filed form EOIR - 42B which is the Application for Cancellation of Removal and Adjustment of Status for certain Nonpermanent Resident and after that the court set a hearing for November 2024. in September 2024 I wrote Prosectorial Discretion request and Joint Motion to terminate proceedings and Adjust status under Vawa to DHS and in October DHS agreed to join motion with me to Dismiss Removal. Immigration judge immediately dismissed removal even before my court hearing but I lost the opportunity to continue with Cancelation of Removal and Adjustments of Status in Court. My Advice Anyone in Removal Proceeding in court that is Filing for I360 with uscis should also file EOIR-42B with immigration court. It’s another form of Vawa only available to those in Removal Proceedings. Then after that write Prosecutorial Discretion request and a joint motion to terminate proceedings with DHS. Believe me DHS will agree to join motion with you and your removal proceedings will be Dismissed. You need to do this to avoid having issue with your I485 with USCIS because you most dismiss your Removal in Immigration court before USCIS will approve your I485. Even if DHS refuse to join motion with you again. I strongly suggest that you file EOIR -42B under Vawa with immigration court. I don’t know when your next hearing is but if it’s far then write a motion to Advance hearing with Court and Schedule master hearing. On that day if you are lucky and have strong evidence the immigration judge will Dismiss your Removal Proceedings and Adjust your status. Remember only those in Removal Proceedings can file EOIR -42B in immigration court. Anyone in Removal Proceedings have 2 path to citizenship either you go through USCIS or through immigration court. so you are very very lucky to be in removal proceedings. It’s a blessing in disguise: I have received a Prima Facie Determination letter from USCIS and immigration judge dismissed my removal before my hearing. Then I also applied with BIA that I want the immigration court to hold a hearing because I want the judge to decide on My EOIR-42B. I did everything by myself and I wrote all the motion myself but I don’t have any criminal record so am not a priority case that’s why DHS agreed to dismiss my removal just because I have a pending I360. Also you must have a pending I485 for DHS to dismiss your Removal. You can do it. I hope this helps. Good Luck I Filled everything without spending $1. Always use Fee Wavier. It’s a lot of research and had work but I was dedicated and committed to solve my problem myself.

they did something with me keep your faith you gonna win 🏆

once ur VAWA i360 is approved, they will dismiss ur court case.

@Tony M I did not have i485 with uscis . I only have vawa stand alone

and thanks you for the information and I’m sure it gonna be useful to alone of people with similar cases

@hope waiting it doesn’t need to have a pending I485 with USCIS to have your removal proceedings dismissed. In my case, I had to wait for my vawa approval. But, I’ve seen some people that their removal proceedings was dismissed while have a pending vawa.

I have a counter question. Even thou my ex spouse i130 petition was approved when we already divorced. Now would that help me with my i485 if my vawa approve? would uscis use it to determine bonfide marriage

It depends on why you were in removal proceedings in the first place and if you render any threat to national security. Atleast they have administratively closed meaning they are willing to dismiss should you provide enough proof that you qualify. My guess is because you had filed for divorce before i-130 was approved meaning you no longer have strong ties. God forbid should USCIS deny your vawa you have no reason to be here but if they approve it they will definitely terminate or you can have the judge adjudicate and approve your greencard on the spot instead of waiting in line with USCIS.

it doesn’t matter. when you file for vawa you are self petitioning and has nothing to do with your ex. If they determine your marriage was bonifide(during vawa adjudication) and you did suffer under USC spouse they will approve your greencard no questions asked if you were married to an LPR you have to wait for your visa number to be current but first things first get the vawa approved that will be key since that guarantees your place in line for a greencard.

@Tony M please can I get your email to discuss something with you. you are very knowledgeable. well detailed explanation. my master hearing is April 25th, 2025

@blessed & favored thanks for your detail response. The reason for being on removal proceedings was an asylum claim . I had never been arrested neither had anything in my records to with the law .

Firstly @hope waiting said he/she already tried to dismiss removal proceeding with prima Facie but DHS declined but offered Administrative close. Try to ask yourself why? And you don’t think it’s because no adjustment of status pending. Administrative close means the case can be reopened at anytime especially immediately vawa is denied. @legend good on what ground will the case be dismissed without already filed i485 with uscis that an immigration judge has jurisdiction to also approve right there in court. If Vawa stand-alone can dismiss a case or adjust status then what is the essence of i485. Nobody will dismiss your case without a pending i485. @Bogata Wigge you had to wait for an approval. We are talking about dismissing the case right now and that’s why @hope waiting tried last year with Prima Facie. Why are you advising him or her to wait for approval to dismiss a case that can be dismissed now with a Prima Facie and pending I485. @blessed & favored you are very correct God forbid the vawa is denied and someone here is saying wait for approval. @hope waiting is already in a complicated situation so the faster he or she move the better. The more reason @hope waiting should file i485 without it the judge have nothing to adjudicate on or adjust status. I don’t like putting all my eggs in one basket. Dismissing your case now I believe helps your vawa approval. Why I suggested Eoir 42B is because @hope waiting is already divorced. Eoir 42B does not have the 2 years cap to file for vawa with uscis. You are in removal proceeding file everything just in case. @hope waiting don’t listen to most of this people here that are using lawyers. I don’t think filling Vawa standalone is a good idea when you are in removal proceeding and already divorced and in some kind of situation. That’s is my opinion and don’t wait for vawa approval to file i485. It’s even waste of time or are you not tired of waiting? kindly file it now and work on dismissing your case with immigration court. Also file Eoir - 42B

@Onyame Ba Tumtum ahof3 since your master hearing is April 25, 2025. This is what you need to do File EOIR-42B now and write a Motion to vacate master calendar hearing and set individual merit hearing and on that day the judge will hear your adjustment of status. It’s very fast and if you have a good vawa case the judge will approve it. Then you don’t need to wait for USCIS. Or do you want to dismiss your Removal Proceedings before April 25, 2025 and wait for USCIS to determine your i360?

@Tony M please I didn’t adjust status. my lawyer said I can’t adjust status whiles in removal proceedings so they only did the 1360 for me. secondly he says I don’t qualify for cancellation of removal since I have been in this country for only 4 years since the NTA was served. I do not have any criminal record, I was arrested by ICE because I overstayed my visa. I don’t know what to do now.

@blessed & favored mentioned strong ties. With USCIS vawa the abuse is only for the Spouse but if you have kids then it’s also a strong tie with EOIR-42B. Your will prove that you and your child or children will suffer Severe and extreme hardship if deported. And if you are from a bad country go to us department of state websites and check travel advisory for your country for example no judge will deport you to Burma (Myanmar) or South Sudan or Haiti or Guyana or Guatemala. Those are level 3 and 4 Reconsider to travel and Do not travel. As long as you don’t have criminal history and not a priority case. To be honest I regret dismissing my case I would have waited for my individual hearing which was on November 11, 2024. But the only reason I dismissed it was because I want to be traveling. Without dismissing it completely USCIS won’t approve my Advance Parole. If you are in removal proceeding Advance Parole will be automatically denied.

I was in removal proceeding and I filed i360,i485,I-765,i131 all together. Before I dismissed my removal proceedings.

@Onyame Ba Tumtum ahof3 Cancellation of Removal under vawa is only 3 years of Continuous Presence in the United States. I am 100% sure. So you more than qualify.

@Tony M because I’m on removal proceedings USCIS will not accept my i485 . Becaue my lawyer already sent my paperwork’s and it was returned . That was why I tried to dismiss the removal proceedings so Uscis can accept my application. I think that was the right thing to do that is wait for vawa to be approve then applied for i485 then used that approval to dismiss from the court or use that approval to apply for cancellation of removal and i485 together so the judge can approve green card

@Tony M I don’t know you you did that . on removal and you applied i360,i485,i765, all together

I will have to find out about that and if that is true I will soo mad at my lawyer

@hope waiting I was order removed in August 2023. on July 2024 I filled all the forms with USCIS. On August 2024 I reopened my removal proceeding in court and the judge granted it. And set hearing for November 2024. I submitted PD to dismiss my case in September 2024 and DSH joined motion with me in October 2024. And in same October 2024 the judge dismissed it. I also received PRIMA Facie in September 2024.

@Tony M Again, I am NOT advising to wait for approval to dismiss a case. on my response it is clear that I said “IN MY CASE” because I am speaking based on my experienced. Thank you.

Some Lawyers are horrible. Do you know you can get Federal student loan with PRIMA Facie and go to school without Vawa Approval. Yes you can. I got Aid and went back to School.

@Tony M but I’m still confuse because when I was married I couldn’t apply for the fu package because I’m on removal. I had to apply for 130 wait for 2 years before it will be approve . In thw wait for thw 130 we got divorce . but even if the i130 was approved while’s being married that’s the approval I need to dismiss my case from the court before applying for the 485 . I worked with several lawyers and they agreed to the same process . that’s why I am kinda confused about the whole thing you putting through

@hope waiting why will USCIS not accept it. That information is not correct. USCIS encourage Vawa Self petitioners to file all form Concurrently. And Yes you can file everything with USCIS with your Vawa petition at the same time even in removal proceedings. 100% Sure.

@hope waiting it seems like we have almost the same case. Four years ago, I only had to file VAWA itself, even I want to file adjustment of status as well or I485. My lawyer explained me that the reason I cannot file I485 with my I360 was because I was in a removal proceedings. Even if I file I485, it would be useless because if you are in a removal proceedings the USCIS does not have jurisdiction on your I485 case, but the Immigration Judge. Once your VAWA is approved, you have a choice to adjust your status in front of the Immigration Judge(if you are in a removal proceedings; which you are) or file I485 to the USCIS. In my case, I used the approval of my I360 to have my removal proceedings dismissed. Again, this is based on my experienced and I am NOT advising anybody here on what to do or what not to do. Every case is unique, not all case’s is the same. Just do what you think is best for your case.

@Tony M well I’m not sure what type of case you have and your reason of being on removal but I believe I’m 100% correct with this . like I said I work with several lawyers and they all be saying the same process and I watched different lawyers on the social media. they all talking about the same process . I’ve been on removal for almost 9years and spend a lot of money to pay lawyers . its good interacting and kind of debating about this process . pls don’t feel bad of my response and I highly respect your opinion. maybe you should do some findings about the process and come back . I will remember you so we can continue debating. I’m pretty sure a lot of people are behind the scene learning something about all the ranting we doing here lol .

@Bogata Wigge yea I think we are in the right direction . is your vawa approved because I saw a post that you going for an interview? when did you apply for vawa ?

@hope waiting Yes, it was approved last year. I had to wait for DHS & immigration Judge to terminate my case. It took almost two months. July2024, I filed my I485 and to my surprise I was scheduled for an interview after five months. I think you are in a good place my friend. I know the wait is hard and it is depressing sometimes but always keep your head strong. We can make it through this🙏💪🏽

@Bogata Wigge 💪💪I hope the interview go smooth for you .

Kindly Check the timeline and see for yourself. I shared my Page…..Thank you