QUESTION

Am I also going to file a New I-485 if it is approved or they are going to continued with the earlier I-485 that I filed?

Asked on Nov 17th, 2012 on Immigration - Colorado
More details to this question:
I am married to a US citizen husband in 2007 and the marriage was not going well because of his attitude and behavior was very disturbing after we got marriage. He threatens me that he will get me deported, wipes out the money in our joint account, never bother to help me with our rent. He foul around with other girls, one day I received a phone call from a chick saying that she is pregnant with my husband baby . When I filed for the I-485 and I-130, I-765, we were called for an interview three months after, but he decided not to come for the interview. I went for the interview myself and I was asked why he did not show up. I told the immigration officer exactly what is going on and how he is treating me and threaten me that he will get me deported. The immigration officer did not decide the case that day and told me that they will notify me with their decision soon. What I also found out with my husband is that he had some criminal activity before we meet and got marriage and these legal charges stem to battery, theft, indecent exposure etc. Probably this is why his attitude towards me is nasty. Two weeks after my interview, I received a letter from USCIS indicating that they are revoking my visa petition due to the fact the petitioner abandoned the case. They also gave me a form EOIR 29 if I want to appeal the decision. A week after I filed EOIR 29 with the Board of Immigration Appeal (BIA). When I filed the EOIR 29, I indicated everything what is going on in the marriage and all his criminal activity. Two weeks after I filed EOIR 29, I revived a receipt number on the case from BIA. On November 3rd 2012, three months after, the Board of Immigration Appeal (BIA) wrote me a letter and it states". "The revocation of your previous visa petition has been vacated. We have remanded the case back to DHS." What does this indicate?
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The letter from the BIA, if I am reading it correctly, should mean that your original visa petition is still operating. You may be eligible to file a waiver under VAWA. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your.
Answered on Nov 21st, 2012 at 5:48 AM

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Hopefully your I-130 and I-485 are being continued. But see an attorney for him to follow up. You probably will need the assistance of an attorney.
Answered on Nov 20th, 2012 at 11:02 AM

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You need to retain an immigration attorney. They may be able to help you apply for relief under VAWA.
Answered on Nov 20th, 2012 at 4:51 AM

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