Answer from ChatGPT, the best is to consult with a lawyer: This situation is complex and highly sensitive, involving VAWA (Violence Against Women Act), removal proceedings, unlawful presence, and voluntary departure. Here’s a detailed breakdown based on current U.S. immigration laws and USCIS guidance: ⸻ 🔹 Key Background Points: • Entered the U.S. illegally in 2019, later released on bond. • In removal proceedings, with an individual hearing in April 2026. • Filed VAWA (Form I-360) and I-485 (Adjustment of Status), but I-131 (Advance Parole) was denied due to being in removal proceedings. • Wants to leave the U.S. voluntarily and stay abroad for about 3 years to be with aging mother. • No criminal history. ⸻ 🧾 QUESTIONS & ANSWERS ❓ If I leave the U.S. while my I-360 is pending or approved, will I trigger a 3 or 10-year bar? Yes. If you: • Entered unlawfully, and • Stayed for more than 180 days (but less than 1 year) → You trigger a 3-year bar. • Stayed more than 1 year unlawfully → You trigger a 10-year bar once you depart the U.S. Even if VAWA is approved, the bar will apply unless you apply for and receive an I-601 waiver or qualify for an exception. ⸻ ❓ Can I get a waiver for the unlawful presence bar as a VAWA self-petitioner? Yes. VAWA petitioners can apply for a waiver of inadmissibility (Form I-601) for: • Unlawful presence, • Entry without inspection, • Other grounds (except certain crimes or fraud). To qualify, you must show extreme hardship to yourself or a qualifying relative (which can be you under VAWA, unlike most other waivers). ⸻ ❓ If I leave now before I-360 is approved, what happens? • Your I-485 is automatically considered abandoned. • You could still get I-360 approved, but you’ll likely have to consular process from your home country after it’s approved. • But because you triggered a bar upon departure, you’ll need: • A waiver (Form I-601), AND • An approved I-360. The waiver must be approved before you can get a visa abroad. ⸻ ❓ Is there a timeframe to get a visa after I-360 approval? There’s no strict deadline, but: • You must act before your I-360 expires (it doesn’t officially expire but you must use it to proceed with your case promptly). • After I-360 approval, you’ll go through National Visa Center (NVC) and consular processing (Form DS-260), which takes time. • If you’re abroad, get legal help to prepare a waiver package ahead of your visa interview. ⸻ ❓ If my spouse divorces me after I leave, does it affect my VAWA? If your I-360 was filed before the divorce, you are protected. The divorce does not impact your VAWA case. Even if you are divorced, your abuse-based petition remains valid as long as it was filed within 2 years of the divorce. ⸻ ❓ What’s the safest option? 1. Consult an experienced VAWA immigration attorney ASAP. 2. Try to stay in the U.S. until at least I-360 is approved, then: • Evaluate if you can adjust status here (if any relief becomes available), • Or plan consular processing with waiver from outside. 3. If you must leave, prepare: • Form I-601 waiver, • Documented hardship (your own hardship under VAWA or hardship to U.S. relatives), • Proof of no criminal record, • Full VAWA approval packet. ⸻ ⚠️ Final Note: Leaving the U.S. during removal proceedings, even with VAWA pending, is legally risky and should be done only with legal guidance. If you leave without approved VAWA and waiver, you may not be able to return for 10 years.

Guys, please stop using chat gpt in this forum. that’s crazy!

why didn’t you get removal terminationed do you have prima facie

@MIKE VAWA MARCH 2023 joe I am a HVAC tech, ChatGPT fucked me up several times lol

@karan kc please consult an experienced immigration attorney. It’s a complicated case

amkk you can t terminations Vawa until his i360 approve

I was in a similar predicament. You should file a cancellation of deportation even though your paperwork is already pending. I filed mine after we submitted my I360 and I485. Once it gets approved, refile your I131 travel permit. Do not leave the country without a i131 travel permit because you will be barred for 10yrs plus your I485 and I360 will be denied due to abandonment. if your spouse divorces you that won’t affect your VAWA or Greencard application.