Late i751 with battered spouse waiver

Hello, my ex husband failed to cooperate with me to file the I751 jointly. Matter of fact he put me out of the house and denied me entry and access to my documents. I was referred to a women's center who changed my address with USCIS and began preparations of my I751 and I360.
A few weeks later, I received a NTA informing me that I was in removal proceedings. At the Master calendar hearing, my attorney got permission to go ahead and file the late documents.
On June 23rd, 2010 USCIS received my I751(11 months after my CR expired), along with the I360. It has now been almost 7 months and my case is still in initial review stage. I have done biometrics.
I am scheduled to attend immigration court on January 19th,2011.
I have a few questions
a) can I work while I am in removal proceedings?
b) on average, how long does it usually take for USCIS to process cases similar to mine?
c) Can the judge adjudicate my case or must she wait for USCIS?



Phil's picture

Hi, thanks for posting this.

Hi, thanks for posting this. I am glad you found come support at the woman's center. Unfortunately, these types of cases are becoming quite common. I have had a few pro bono cases representing woman from our local woman's center.

Regarding your questions, my best advice to you is to discuss these issues with your attorney. He or she knows your case and should be able to answer these questions for you. In the meantime, I will address them generally;

a) You can work if you have legal authorization to do so. When your I-751 was filed and accepted the USCIS may have extended your employment authorization at this time. You will need to check on this to determine if you are authorized to work.
b) There is no good answer to this. Your case is complicated by many factors so there is no average. A normal I-751 case is usually processed within 12 months or so. However, I just finalized a complicated I-751 case that was pending for 4 years.
c) Immigration judges have broad powers but I don't know whether an immigration judge has authority to adjudicate an I-751 in a removal proceeding. (I do not handle removal cases.) I think that it is more likely that the judge would adjourn your removal case pending USCIS adjudication of the I-751.

This is some general information which may or may not be true in your case. Again, I would strongly encourage you to consult with your attorney about these questions. Best of luck to you.

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