Should I pursue a self petition 360 or cancellation of removal under VAWA after being denied? 5 Answers as of January 18, 2011

I was married with an abusive spouse. When I filed I 130, my case was denied. Now I am in proceedings removal. What should I do? Self petition 360 or cancellation of removal under VAWA? What is the difference?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You would need to be in proceedings to file a cancellation of removal. Have you received a Notice to Appear? I would need to know the details of your case and why you were denied to properly advise you but generally if you qualify the I-360 would be preferred as you can file an I-485 at the same time if your spouse was a U.S. citizen. I would recommend you schedule a consultation with our office to properly evaluate your case and why the I-130 was denied (i.e. denied because no longer married, fraud or other reason). We do charge for consultations $350 per hour but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for further work after the consultation.
Answer Applies to: California
Replied: 1/18/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
You should do both.
Answer Applies to: Florida
Replied: 1/17/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You should do both.
Answer Applies to: Florida
Replied: 1/11/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
They can usually be done together. You should hire a lawyer to assess your situation to tell you whether you will have a case or not.
Answer Applies to: Florida
Replied: 1/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You should file both. While the underlying bases for each is the same (abuse or cruelty by a USC or LPR spouse), they have different requirements or limitations, and you may be eligible for one and not the other. Also, you file the Cancellation application with the court and the decision is made by the immigration judge. The I-360 is filed at the Vermont Service Center and the decision is made by USCIS. After you file it and receive the Notice of Receipt request a continuance of our removal case until the I-360 is decided. If the I-360 is approved you can ask that your removal case be terminated so that you file for your Green Card with the USCIS.

The requirements for both the I-360 and VAWA cancellation application can be tricky and confusing so I recommend you seek the advise of experience immigration attorney.
Answer Applies to: California
Replied: 1/10/2011
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