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My husband is Cuban CU6 . Due to many problems i presented a case of VAWA for abuse that after two years was approved finally .

Miami, FL |

My question is that my i485 was pending at the time i filled i360 and now that i have i360 approved what should I do , filled again or activate the pending case of i485 . If he is CU6 how long it will take to receive my residence and will that be permanent or temporal .

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Attorney answers 5

Posted

Provided he is a USC or your priority date is current, you can either do that or ask the Service to consider already filed I-485 in conjunction with the now approved I-360. If the marriage was more than 2 years ago - permanent.

www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

Posted

Since the I-360 is now approved you likely will have to file a new I-485 based on your new status as a battered spouse. The fact that you were granted I-360 means that you do not need to be under his I-485 any more, as you were able to self-petition. You should have had an attorney assist you that process. The approval of the I-360 means you can apply to adjust now on your own. It is possible since he has already been granted CU6 that you may have been also granted so retain an excellent immigration attorney as soon as possible who can check. If you already have status you do not need to apply for a new status. Consult an AILA immigration attorney and choose carefully through AVVO .

No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.

Asker

Posted

Thanks for your answer. And how can I petition by myself if at the moment of the petition he was CU6 but now I learn that he got deportation, but as Cuban he has the right to stay in USA

Geoffrey Alan Hoffman

Geoffrey Alan Hoffman

Posted

The I-485 needs to be filed - especially in a complicated case such as yours--only after consultation with a competent attorney. Search AVVO for attorneys in your area. Good luck.

Posted

First, you need to figure out what exactly happened with all the petitions filed on your behalf. Then, an attorney will know what he/she needs to do. All I can tell you that it looks like you will be able to get your permanent residence one way or another. Good luck!

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Posted

if the marriage was more than two years at time of approval, it is permanent. Consult with an attorney to determine the best way to file for adjustment.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Asker

Posted

The marriage was in November 2010 and he was CU6 Now I learned that he got deportation a few months after my petition.

Posted

If your I-485 was pending when you filed the I-360 then your I-485 is supposed to be held in abeyance. Since your husband is only an LPR you will have to wait for second pereference priority date to become current before your status can be adjusted. If your I-485 was denied prior to your I-360 being filed, then you will have to wait for the priority date to become current before you an reapply for adjustment of status. This can be a confusing area of law and I recommend that you consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

My i485 was and still pending, he was CU6 but I just get to know that he got deportation a few months after my petition. How long it will take to get a residence and which one will be.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

The answer to your question will depend upon the specific facts of your case as it will depend upon, among other things, when your I-360 as filed. Consult with an experienced immigration attorney who can review your case and tell you what to expect.

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