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PLEASE ADVISE A BATTERED SPOUSE !

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  • PLEASE ADVISE A BATTERED SPOUSE !

    Dear Sirs,
    With ref. to Memo # hqadn/70/8 dtd Aug 21 2002 issued by the Office of the Executive Associate Commiossioner, Sub:" Eligibility to self-petitioning as an Intended Spouse of an Abusive US. citizens or Lawful Permanent Resident"

    I am a typical case of those abused spouses: My USC wife filed for me and I later withdrew it before starting divorce and I withdrew her petition accordingly. But, because I did not respond to go to the 1st interview letter as I already withdrew her petition as mentioned above I received a letter oaf Removal and I have a master hearing INS Court after 45 days. By the way, I have an approved I-130 petition as a beneficiary of the 245 i (a USC's brother)and the only charge is ONLY overstaying a B1/B2 visa.
    Now, what can I do? May I file this Self-Petition and request the INS Court to cancel their hearing ? Or, it is useless and it will not help? And, how long will it take to get the Green Card in this case? Thanks a lot.

  • #2
    Dear Sirs,
    With ref. to Memo # hqadn/70/8 dtd Aug 21 2002 issued by the Office of the Executive Associate Commiossioner, Sub:" Eligibility to self-petitioning as an Intended Spouse of an Abusive US. citizens or Lawful Permanent Resident"

    I am a typical case of those abused spouses: My USC wife filed for me and I later withdrew it before starting divorce and I withdrew her petition accordingly. But, because I did not respond to go to the 1st interview letter as I already withdrew her petition as mentioned above I received a letter oaf Removal and I have a master hearing INS Court after 45 days. By the way, I have an approved I-130 petition as a beneficiary of the 245 i (a USC's brother)and the only charge is ONLY overstaying a B1/B2 visa.
    Now, what can I do? May I file this Self-Petition and request the INS Court to cancel their hearing ? Or, it is useless and it will not help? And, how long will it take to get the Green Card in this case? Thanks a lot.

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    • #3
      I think you should not have withdrawn your spouse's petition. You're allowed to continue that petition yourself if you are battered.

      I think the best thing would be talk to a lawyer.

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      • #4
        Hi Chase... Will shortly be going through a similar situation myself... could you tell me how long after you missed your interview you received your notice of removal?

        Thanks so much

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        • #5
          TO MARIE: I advise you to read the A/M Memo carefully as many lawyers are still thinkining of the 2000 version. It will be interesting if we exchange details of this issue in order to make clear to those lawyers that the INS has got more softer in dealing with "battered spouces" according to the Memo. Lawyers have bad experience with these case as the judges have been very hard on evidences. I welcome your comments and ideas. My e-mail: Chase6702@yahoo.com

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          • #6
            Which memo??

            On the INS page, it still states that if you are divorced you can continue the proceedings.

            http://www.ins.gov/graphics/howdoi/remcond.htm

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