Options after Divorce being on H4

B

BetterWorld

Registered Users (C)
Hello Gurus,

I visit this place occasionally for the valueable knowledge that you

all provide.

And HATS off to all of you all who are contributing, and helping to

build people's lives !

I need help for my cousin. Let me brief you first...

She entered US in Aug 2007 on H4. She has two kids(both girls) 5 and

3 yrs old.
Elder one was born in india and younger one born here in US(obviously

a USC).

She is a simple housewife, no crimes, law abiding citizen. During
this she was out to visit India for 2 months. She+one kid on H4 valid
until oct 2012 and one kid citizen.

Unfortunately husband wife had issues and soon they are going to have

divorce. Husband is going to marry another lady who is USC.

Good part is husband is ready to cooperate and ready for the help to

wife and kids whether its financially or papers.

She want to stay here and don't want go back to india as she doesn't

have anybody except old mother there. She don't have any good

professional education based on what she can survive in india and

educate her kids there.

Now...

1. Please help me with the options she have to stay here.

2. I heard about removal proceedings. When it'll start. For ex:
divorce is final in July. I know she will be out of status after the
divorce.

3. Can she do something to cancel the removal proceedings? Whar are
the chances getting success in that?

4. How much time it takes from start of removal proceedings, process,
and then getting any valid status? Please brief about the complete
process.

I really appreciate your help in this regard.

May GOD Bless !!
 
Has she thought about changing status to a student visa? Perhaps she could eventually qualify for her own H1? The one H4 child can retain the H4 through the father. It looks like she does not qualify for anything else.
 
BigJoe5 said:
Has she thought about changing status to a student visa? Perhaps she could eventually qualify for her own H1? The one H4 child can retain the H4 through the father. It looks like she does not qualify for anything else.
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Thanks for replying !
I guess converting to F1 status (School Fee) would be costly affair for her. There should be something so that she can start working.

Is there any possibility to get green card on the basis of the extreme hardship she (and kids) is going to face if she moves to india? Facts are that she (and kids) have stayed in US for over 3 years, She has one child US citizen, no crime, paid taxes etc.
what you guys think?

Friends please help me to help her. I want to give her an idea before going ahead with the attorney.
 
BetterWorld said:
Thanks for replying !
I guess converting to F1 status (School Fee) would be costly affair for her. There should be something so that she can start working.

Is there any possibility to get green card on the basis of the extreme hardship she (and kids) is going to face if she moves to india? Facts are that she (and kids) have stayed in US for over 3 years, She has one child US citizen, no crime, paid taxes etc.
what you guys think?

Friends please help me to help her. I want to give her an idea before going ahead with the attorney.
Click to expand...

Nope.

The kids CAN stay if the father will take custody.
 
If she goes out of status, she 'll be deported after some time, right?

Can't she file for the cancellation of removal proceedings on the basis of factors i mentioned above?

please share your opinions in this regard.

BTW, how long it takes to get the notice for removal after one goes out of status?
And how long it takes to get any decision if one files for the cancellation of removal?

I personally, after looking at the postings and other info over the net, feel that its possible.
This is my own feeling and i have not consult any attorney as of yet.

We don't want to go to any attorney without home work as they never say NO (saying no to coming money is difficult you know).

My question to you all Gurus is - when many persons after living illegally for years OR illlegal persons with crime OR persons for whatever reason got deportation notice and they were able to cancel the removal proceedings then why a female in such circumstances can't be allowed to stay here.

Would appreciate your insight on this!
 
BetterWorld said:
If she goes out of status, she 'll be deported after some time, right?

Can't she file for the cancellation of removal proceedings on the basis of factors i mentioned above?

please share your opinions in this regard.

BTW, how long it takes to get the notice for removal after one goes out of status?
And how long it takes to get any decision if one files for the cancellation of removal?

I personally, after looking at the postings and other info over the net, feel that its possible.
This is my own feeling and i have not consult any attorney as of yet.

We don't want to go to any attorney without home work as they never say NO (saying no to coming money is difficult you know).

My question to you all Gurus is - when many persons after living illegally for years OR illlegal persons with crime OR persons for whatever reason got deportation notice and they were able to cancel the removal proceedings then why a female in such circumstances can't be allowed to stay here.

Would appreciate your insight on this!
Click to expand...

INA 240A

(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-

(1) IN GENERAL.-The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

She does not meet the 10 year requirement and could not possibly show that level of hardship:

1. she is NOT working and supporting anyone,
2. the other parent will remain in the U.S. and is working,
3. there has been no mention of any particular circumstance that would be detrimental to the USC child if she lives with Dad and Mom goes home OR
4. if the child accompanies Mom back to India.

All those sob-stories in the media have skewed your assumptions on immigration. There is no "we feel sorry for you" visa. SEE: http://wizbangblog.com/content/2007...ed-and-deported-within-a-span-of-12-hours.php remember Elvira Arellano?

One must have a basis for being granted a visa. Asylum is out of the question (she just got back from visiting mom) and she has lived in the U.S. over a year and there has been NO MENTION of any threats to her if she simply moved home.

There has been NO MENTION of any relative visa petition. [A child must be 21 to petition a parent and then there is the I-864 Affidavit of Support.]

There has been NO MENTION of any labor certification or employment visa petition (she may have difficulty working back home because she has no particular job skills).

She should NOT overstay her expired visa even by 6 months or allow herself to be placed in removal proceedings as it would throw up a bar to re-entry for 3, 5, or 10 years.
 
I got this from same manual from which BigJoe got this text. Do you think this can help her...



(2) 2/ SPECIAL RULE FOR BATTERED SPOUSE OR CHILD-

(A) AUTHORITY- The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that-


(i) (I) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent);


(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or


(III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or lawful permanent resident's bigamy;


(ii) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States;


(iii) the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C);


(iv) the alien is not inadmissible under paragraph (2) or (3) of section 212(a) , is not deportable under paragraphs (1)(G) or (2) through (4) of section 237(a) , 5/ , subject to paragraph (5) and has not been convicted of an aggravated felony; and


(v) the removal would result in extreme hardship to the alien, the alien's child, or the alien's parent.
 
BetterWorld said:
I got this from same manual from which BigJoe got this text. Do you think this can help her...



(2) 2/ SPECIAL RULE FOR BATTERED SPOUSE OR CHILD-

(A) AUTHORITY- The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that-


(i) (I) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent);


(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or


(III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or lawful permanent resident's bigamy;


(ii) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States;


(iii) the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C);


(iv) the alien is not inadmissible under paragraph (2) or (3) of section 212(a) , is not deportable under paragraphs (1)(G) or (2) through (4) of section 237(a) , 5/ , subject to paragraph (5) and has not been convicted of an aggravated felony; and


(v) the removal would result in extreme hardship to the alien, the alien's child, or the alien's parent.
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It must be at the hands of a USC or LPR spouse/parent NOT an H1-B. ALSO, there was no mention of this type of situation so it would not apply anyway.
 
What hardship will the kids face in India? They will have their mother and grandmother!!! Regardless, it seems to me this lady just does not want to go back. In that case, since she is getting divorced, she can also marry a US citizen like her soon-to-be-ex husband.

BetterWorld said:
Is there any possibility to get green card on the basis of the extreme hardship she (and kids) is going to face if she moves to india?
Click to expand...
 
Triple Citizen said:
What hardship will the kids face in India? They will have their mother and grandmother!!! Regardless, it seems to me this lady just does not want to go back. In that case, since she is getting divorced, she can also marry a US citizen like her soon-to-be-ex husband.
Click to expand...


Yes, she doesn't want to go back. Thats why we are looking for the options to stay back. She may be scared of the hard life she is going to face in India as she doesn't have any professional education. In US one can survive with average education but thats not true in India. So, Mother and grandmother will be there but they won't be able to provide them good life.
Hardships, i can think off- Poor facilities like education, far less income what she can earn in US, language problems as kids learnt speaking in US and they don't know any Indian language, in US father can also help them.

You pointed a good and valid point to marry a USC. But thats future thing.


Her H4 (& I-94) is valid for 2 more years. Suppose husband doesn't inform INS about divorce, can she stay upto that valid date? Will she be still in status?
 
BetterWorld said:
Yes, she doesn't want to go back. Thats why we are looking for the options to stay back. She may be scared of the hard life she is going to face in India as she doesn't have any professional education. In US one can survive with average education but thats not true in India. So, Mother and grandmother will be there but they won't be able to provide them good life.
Hardships, i can think off- Poor facilities like education, far less income what she can earn in US, language problems as kids learnt speaking in US and they don't know any Indian language, in US father can also help them.

You pointed a good and valid point to marry a USC. But thats future thing.


Her H4 (& I-94) is valid for 2 more years. Suppose husband doesn't inform INS about divorce, can she stay up to that valid date? Will she be still in status?
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Final divorce ends legal status. She will begin to built up unlawful presence from that day forward. At day 180, the re-entry bar kicks in.
 
Lets suppose she enters into re-entry bar. my questions are:

- After how long the removal proceedings will start,

- If she try to cancel the removal proceedings, during that process will she be getting work permit? and usually how long this process goes?

- If she marries a USC after the bar kicks in, will she be able to adjust her status, and get GC?


Thank You !
 
A1: No one can speculate that

A2: How does she intend to cancel removal proceedings, if they commence?

A3: Bar kicks in after the overstayer departs the US. It does not kick in if the applicant does not leave the US. If she married a USC, she should be able to AOS.


BetterWorld said:
- After how long the removal proceedings will start,

- If she try to cancel the removal proceedings, during that process will she be getting work permit? and usually how long this process goes?

- If she marries a USC after the bar kicks in, will she be able to adjust her status, and get GC?
Click to expand...
 
Triple Citizen said:
A2: How does she intend to cancel removal proceedings, if they commence?
Click to expand...

On the basis of hardship she and her kids(one USC) going face in India as:
- She don't have good qualification to earn well in India
- Kids won't have good life or education due to that, their upbringing will be poor
- On the other hand in US, even she don't have good qualification, she can get good income and take care of kids well
- Language problems of the kids, by that time kids might be living here for over 6-7 years.
- Father will be supporting financially the kids. Father will be staying in the US only. If she moves to india she might lose that support
What do you think?

Now, my original question
A1 - Can one initiate the removal proceedings?
A2- How long this process goes? Will she be getting work permit during this process?

Thank You !
 
I do not see USCIS entertaining such feeble attempts to stay in the US.

BetterWorld said:
On the basis of hardship she and her kids(one USC) going face in India as:
- She don't have good qualification to earn well in India
- Kids won't have good life or education due to that, their upbringing will be poor
- On the other hand in US, even she don't have good qualification, she can get good income and take care of kids well
- Language problems of the kids, by that time kids might be living here for over 6-7 years.
- Father will be supporting financially the kids. Father will be staying in the US only. If she moves to india she might lose that support
What do you think?
Click to expand...

A1: Removal proceedings are initiated by USCIS, not by an individual
A2: No EAD for her unless she files for AOS based on marriage to a USC

BetterWorld said:
Now, my original question
A1 - Can one initiate the removal proceedings?
A2- How long this process goes? Will she be getting work permit during this process?

Thank You !
Click to expand...
 
BigJoe5 said:
Has she thought about changing status to a student visa? Perhaps she could eventually qualify for her own H1? The one H4 child can retain the H4 through the father. It looks like she does not qualify for anything else.
Click to expand...

What is procedure for student visa, at high level?

Once on student visa (F1 right?), she will be able to work or not?
Kids can be depenedet on her?

Is there any financial requirements for student visa?

Please advise.
 
Triple Citizen said:
I do not see USCIS entertaining such feeble attempts to stay in the US.



A1: Removal proceedings are initiated by USCIS, not by an individual
A2: No EAD for her unless she files for AOS based on marriage to a USC
Click to expand...



A2: There is no concept of work permit during case going on? I saw few people going thro' asylum process and have work permit...
Can't she have work permit without AOS, i mean during cancellation of removal proceedings?
 
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