Hello. I'm struggling with my immigration status and my friend recommended my to ask on this website. I hope I can get some legal advice well!
My current immigration status
: I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J1 visa was expired around Sep-Oct 2023. We started living together since Sep 2023, and we filed I-130, I-485, I-765, I-131 soon. I got receipt notices for them around the end of Sep 2023. I received my EAD card last year as well.
>>> Entry visa: J1 internship without 2 years requirement. - Now expired.
>>> Current status: I-130, I-485, I-131 pending. I received EAD card. I sent medical examination result (I 693) already. I went for a biometrics appointment and submitted my finger print as well.
However, Feb 2024, something happened and I reported my husband to local police and military police since he is a military active duty. I reported for domestic violence(sexual, verbal, emotional, mental). Military issued No Contact order on him on Feb 2024 and it's still valid. I don't have Protection Order from court. I have my victim advocate on military base and military victim attorney as well.
>>> I have my local police report/ military police report/ no contact order from military/ no contact order extension from military/ counseling record regarding Sexual assault and emotional abuse (This counseling was done Nov 2023, Dec 2023)/ Statement of my friend as a witness(She didn't see it, but I told her about Sexual Assault when that happened)/ Therapist letter - asking extension of no contact order after the incident/ Psychiatrist letter - after incident I got diagnosed PTSD, Anxiety disorder & Insomnia/ ER visit paper after the incident (panic attack & anxiety)/ Statement of victim advocate/ military victim attorney contract paper/ Text message screenshot - my husband was admitting his behavior (Suicidal threat with knife to his throat& Verbal rape threat)
Since Mar 2024, I relocated myself to another state and currently I'm staying at domestic violence victim shelter. He filed a divorce paper around end of Feb or early March of 2023. Our divorce will be finalized maybe next week(probably- by 04/20/2024)
Now, I'm trying to apply for VAWA green card.
My previous immigration attorney told me that my husband has withdrawn I-130 and I-485. She didn't inform me before I asked her the other day- saying she doesn't represent any of us, due too conflict interest. I guess my husband withdrew my petitions a while ago, but I could know this information the other day.
However, whenever I check my case status on USCIS website with receipt numbers,
it doesn't say my cases are withdrawn. It just says 'We sent you receipt notice'
>>> So, my understanding of this situation is - He filed a withdrawal paper but it's still processing. So my petitions are still pending.
I'm desperately looking for proper immigration legal advice. I'm talking to some legal aid associations but they don't respond me promptly, it seems that I'm on the waiting list. I want to get some legal advice and do this process by myself.
>>>Here's my questions.
1. How can I check if the withdrawal paper is submitted? Even if it's submitted, when I put my receipt number on USCIS, it doesn't say it's withdrawn - that means my petitions are still pending?
2. For VAWA process, are these only forms that I have to apply for?
(I 360, I 485, I 131, I 693, I 765)
>> Do I have to submit withdrawal form for pending petitions before I submit new petitions? (I 130, I 485, I 131)
>> Is there any way to keep my current I 485, I 131 pending petitions? Or do I need to submit new forms for same petitions?
>> After finalization of divorce, will my current pending petitions be automatically withdrawn? (I 130, I 485, I 131)
>> Let's say our divorce is finalized on 04/18/2024, then if I submit VAWA green card application and receive receipt notice around 05/10/2024
1) does that mean I'm staying in US illegally for a few weeks?
2) In the meantime (04/18/2024 - 05/10 /2024), can I work with my EAD card legally? (My main concern)
3) Will it be a problem with my green card approval? Can it be considered as residing in the states illegally? Is there a possibility that they can deport me?
** Especially, I have a big concern with my EAD card.. I have a job interview soon and I'm so worried if I can't legally work anymore after divorce
>> I already receive my EAD card, and it's valid until 2028. Do I need to submit new I 765 form?
>> Apparently my husband already filed a withdrawal paper for I 130, I 485. So,, if that's approved around May 2024, does that indicate of the termination of EAD card?
>> After the finalization of divorce, can I still use my EAD card and legally work? or will it be invalid automatically?
>> Will my EAD card be still valid even after I submit new I 765 form?
I'd like to know if I can legally work after divorce since this EAD card is based on his I-130 petition as far as I know. Also, I'm so confused if I have to file a new I 765 even after I received it already. If I have to submit new I 765, does than mean the termination of my current EAD card?
Also, I have last question.
I'm talking to one immigration attorney from the legal aid based on different state with my current address. I was already talking to him before I relocated myself and still. He recommended me to find new legal aid in this area, and I tried several times but it's really hard to find. I want to suggest him to go through this VAWA process together. I'm wondering if that can be possible - The attorney is in Western part of the country and I'm in Eastern. Can he work with me for the VAWA process and file the form to the nearest USCIS from my current address?
Thanks for your time.
I think my situation is a bit complicated, I'm so confused what I have to do. Especially, about EAD card, I have so much concern since I have a job interview soon.
I hope to hear from you soon. Have a good evening!
My current immigration status : I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J1 visa was expired around Sep-Oct 2023. We started living together since Sep 2023, and we filed I-130, I-485, I-765, I-131 soon. I got receipt notices for them around the end of Sep 2023. I received my EAD card last year as well. >>> Entry visa: J1 internship without 2 years requirement. - Now expired. >>> Current status: I-130, I-485, I-131 pending. I received EAD card. I sent medical examination result (I 693) already. I went for a biometrics appointment and submitted my finger print as well.
However, Feb 2024, something happened and I reported my husband to local police and military police since he is a military active duty. I reported for domestic violence(sexual, verbal, emotional, mental). Military issued No Contact order on him on Feb 2024 and it's still valid. I don't have Protection Order from court. I have my victim advocate on military base and military victim attorney as well.
>>> I have my local police report/ military police report/ no contact order from military/ no contact order extension from military/ counseling record regarding Sexual assault and emotional abuse (This counseling was done Nov 2023, Dec 2023)/ Statement of my friend as a witness(She didn't see it, but I told her about Sexual Assault when that happened)/ Therapist letter - asking extension of no contact order after the incident/ Psychiatrist letter - after incident I got diagnosed PTSD, Anxiety disorder & Insomnia/ ER visit paper after the incident (panic attack & anxiety)/ Statement of victim advocate/ military victim attorney contract paper/ Text message screenshot - my husband was admitting his behavior (Suicidal threat with knife to his throat& Verbal rape threat)
Since Mar 2024, I relocated myself to another state and currently I'm staying at domestic violence victim shelter. He filed a divorce paper around end of Feb or early March of 2023. Our divorce will be finalized maybe next week(probably- by 04/20/2024)
Now, I'm trying to apply for VAWA green card. My previous immigration attorney told me that my husband has withdrawn I-130 and I-485. She didn't inform me before I asked her the other day- saying she doesn't represent any of us, due too conflict interest. I guess my husband withdrew my petitions a while ago, but I could know this information the other day. However, whenever I check my case status on USCIS website with receipt numbers, it doesn't say my cases are withdrawn. It just says 'We sent you receipt notice' >>> So, my understanding of this situation is - He filed a withdrawal paper but it's still processing. So my petitions are still pending.
I'm desperately looking for proper immigration legal advice. I'm talking to some legal aid associations but they don't respond me promptly, it seems that I'm on the waiting list. I want to get some legal advice and do this process by myself.
>>>Here's my questions.
1. How can I check if the withdrawal paper is submitted? Even if it's submitted, when I put my receipt number on USCIS, it doesn't say it's withdrawn - that means my petitions are still pending?
2. For VAWA process, are these only forms that I have to apply for? (I 360, I 485, I 131, I 693, I 765)
>> Do I have to submit withdrawal form for pending petitions before I submit new petitions? (I 130, I 485, I 131) >> Is there any way to keep my current I 485, I 131 pending petitions? Or do I need to submit new forms for same petitions? >> After finalization of divorce, will my current pending petitions be automatically withdrawn? (I 130, I 485, I 131)
>> Let's say our divorce is finalized on 04/18/2024, then if I submit VAWA green card application and receive receipt notice around 05/10/2024 1) does that mean I'm staying in US illegally for a few weeks? 2) In the meantime (04/18/2024 - 05/10 /2024), can I work with my EAD card legally? (My main concern) 3) Will it be a problem with my green card approval? Can it be considered as residing in the states illegally? Is there a possibility that they can deport me?
** Especially, I have a big concern with my EAD card.. I have a job interview soon and I'm so worried if I can't legally work anymore after divorce
>> I already receive my EAD card, and it's valid until 2028. Do I need to submit new I 765 form?
>> Apparently my husband already filed a withdrawal paper for I 130, I 485. So,, if that's approved around May 2024, does that indicate of the termination of EAD card?
>> After the finalization of divorce, can I still use my EAD card and legally work? or will it be invalid automatically?
>> Will my EAD card be still valid even after I submit new I 765 form?
I'd like to know if I can legally work after divorce since this EAD card is based on his I-130 petition as far as I know. Also, I'm so confused if I have to file a new I 765 even after I received it already. If I have to submit new I 765, does than mean the termination of my current EAD card?
Also, I have last question. I'm talking to one immigration attorney from the legal aid based on different state with my current address. I was already talking to him before I relocated myself and still. He recommended me to find new legal aid in this area, and I tried several times but it's really hard to find. I want to suggest him to go through this VAWA process together. I'm wondering if that can be possible - The attorney is in Western part of the country and I'm in Eastern. Can he work with me for the VAWA process and file the form to the nearest USCIS from my current address?
Thanks for your time. I think my situation is a bit complicated, I'm so confused what I have to do. Especially, about EAD card, I have so much concern since I have a job interview soon. I hope to hear from you soon. Have a good evening!