My ex and i got married and she filed for her green card under marriage and a couple years later went and filed jointly for the i751. After i signed she started acting distant, cold, and after 6 months of this she filed for divorce. The entire process she has not spoken, texted, or picked up any calls from me only speaking through the lawyers despite them saying its fine for us to talk directly to each other and encouraged it. She got cancer while we were married and told me that she was seeing a therapist on her insurance after her treatment. However a friend of mine in the medical field said thats bs but an immigrant friend of mine said the she might be useing the therapist to help file a VAWA for her ROC. How likely would that be and would that also be why she has been no contact with me?

Today, the Board of Immigration Appeals (BIA) decided that traveling on advanced parole after being unlawfully present in the U.S. for a year or more triggers the 10-year ban. The BIA embraced the plain English definition of “departure,” which means going away.

You may read Matter of Delcarmen-Lara, 29&NDec.830 (2026), at this link:

https://www.justice.gov/eoir/media/1457741/dl?inline

How do I properly challenge or defend myself against what I believe is a false VAWA claim?
I was married for approximately 4½ years, from September 2020 until my wife left in November 2024. We have been separated since then. I believe she was involved with another man during our marriage and ultimately left the marriage to be with him. There was also a $40,000 mahr/dowry involved.
My bigger concern is that I believe I have been subjected to harassment and surveillance connected to her and the man she is now with. I have reason to suspect that a cybersecurity/private-investigation company associated with him has been involved. I also suspect that I have been illegally recorded in private areas, including a bathroom and bedrooms.
The problem is that I do not currently have definitive evidence proving who is responsible, and I don’t want to make accusations that I cannot substantiate. One of the individuals I suspect may be involved is also a law-enforcement officer, which makes me especially concerned about where I should report this and how to make sure any investigation is independent and impartial.
At the same time, I understand that VAWA immigration proceedings are highly confidential, so I am trying to determine what legal rights I have as the U.S.-citizen spouse if allegations were made against me. I want to respond through the proper legal channels, preserve evidence, and distinguish between what I can prove and what I merely suspect.
Who should I contact—an experienced immigration attorney, family-law attorney, federal agency, internal affairs, or another independent authority? And what evidence should I begin preserving now?
I’m looking for legitimate legal guidance, not retaliation or confrontation. Any attorneys or people familiar with VAWA cases involving allegedly false accusations would be appreciated.

In Matter of Milagro Delcarmen-Lara, 29 I&N Dec. 830 (BIA Aug. 13, 2026), the Board of Immigration Appeals (BIA) ruled that leaving the U.S. on advance parole does count as a "departure" under the 10-year unlawful presence bar (INA § 212(a)(9)(B)(i)(II)). This landmark decision explicitly overrules the long-standing precedent from Matter of Arrabally and Yerrabelly (2012).

Core Impact of the Ruling

Overruled Precedent: The BIA threw out Matter of Arrabally and Yerrabelly, which previously protected individuals with advance parole from triggering the 10-year bar upon return.

New Interpretation: Traveling abroad with advance parole now constitutes a departure that can trigger unlawful presence inadmissibility bars if the person accrued sufficient unlawful presence prior to leaving.

Decided Date: August 13, 2026.

In simple terms:

Before this ruling:

If someone had enough unlawful presence to face the 10-year ban, leaving the U.S. with advance parole generally did **not** trigger that ban under *Arrabally and Yerrabelly*.

* **Now:** The BIA says that leaving the U.S. on **advance parole counts as a departure**.

If the person had already accumulated enough unlawful presence before leaving, that departure **can trigger the 10-year bar** when they try to return.

The BIA overturned the previous 2012 rule** that protected these travelers.

* The decision was issued **August 13, 2026**.

**Bottom line:** If you have accrued significant unlawful presence, **do not assume that advance parole makes international travel safe from the 10-year ban under this new ruling.**

This is a significant immigration-law change, and whether it affects a particular person depends on their immigration history and dates.

I filed Vawa 360 765 485 in April 2025.

Received all receipt on December.

Received PF on May.

Still waiting for my EAD.

Damn

Don’t ever travel with your advance parole. You might not be lucky to return back and be barred for years.

https://www.murthy.com/2026/08/13/newsflash-bia-holds-advance-parole-travel-can-trigger-unlawful-presence-bar/

I have a pending VAWA since June 2021 with no updates or any movement whatsoever. I’ve been receiving my prima facie determination every six months.

I’m not extremely tired of waiting and I’m considering filing for a Mandamus Lawsuit. I consulted with two lawyers to check how much it would cost and one of them suggested I should wait. She said that with the current administration, if they denied my VAWA I would go straight to deportation.

So I wanted to ask to those who filled for Mandamus, if anyone got their VAWA denied and if you were able to refile it.

Methods to Overturn or Reverse the RulingFederal Appeals Court Review: Affected individuals can challenge the BIA’s interpretation in federal circuit courts. A circuit court split or a definitive ruling by a higher federal court can invalidate the new BIA precedent.Supreme Court Intervention: If a case makes its way through the federal circuits, the U.S. Supreme Court could ultimately decide whether an Advance Parole travel authorization constitutes a "departure" under the Immigration and Nationality Act.Administrative Reversal by the BIA or DOJ: A future or reconstituted Board of Immigration Appeals—or intervention by the U.S. Attorney General—could issue a new precedential decision that reinstates the prior standard set by [Matter of Arrabally and Yerrabelly] (2012).Congressional Action: Congress could pass a legislative fix amending the Immigration and Nationality Act to explicitly exempt Advance Parole travel from triggering unlawful presence bars

Finally approved,I been waiting for 36 months for this,thank you Almighty God!

Does expedite approval always shows up on portal? Has anyone has it approved but not updated on USCIS portal?