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