QUESTION ABOUT I-360

[CarlaM 0]

I HAVE NO CLUE ABOUT HOW THIS WORKS, I NEVER HIRED ANYONE TO FILLED MY APPLICATIONS ON MY BEHALF, I DECIDED TO DO IT THIS TIME BECAUSE I THOUGHT A VAWA CASE WOULD BE MORE COMPLICATED.

I HIRED AN ATTORNEY, FIRST HE CANCELLED MY PREVIOUS I-485 INSTEAD OF REQUESTING TO ATTACH IT TO THE I-360.

HE SENT THE I-360 WITHOUT ANY OTHER FORMS BACK IN APRIL I THINK (check my time line) THEN HE SENT A NEW ONE WITH THE EAD AND THE NEW I-360, I DON'T KNOW WHAT TO DO, THAT SENDS ME TO THE BACK OF THE LINE, SHOULD I MAKE AN APPOINTMENT AND ASK IMMIGRATION IF THEY COULD IGNORE THE SECOND ONE???

PLEASE HELP ME! IM LOST, I HAVE NO ONE IN THIS COUNTRY AND I NEED A LITTLE BIT OF GUIDANCE.

THANKS A LOT

[diadromous mermaid 36]

I HAVE NO CLUE ABOUT HOW THIS WORKS, I NEVER HIRED ANYONE TO FILLED MY APPLICATIONS ON MY BEHALF, I DECIDED TO DO IT THIS TIME BECAUSE I THOUGHT A VAWA CASE WOULD BE MORE COMPLICATED.

I HIRED AN ATTORNEY, FIRST HE CANCELLED MY PREVIOUS I-485 INSTEAD OF REQUESTING TO ATTACH IT TO THE I-360.

HE SENT THE I-360 WITHOUT ANY OTHER FORMS BACK IN APRIL I THINK (check my time line) THEN HE SENT A NEW ONE WITH THE EAD AND THE NEW I-360, I DON'T KNOW WHAT TO DO, THAT SENDS ME TO THE BACK OF THE LINE, SHOULD I MAKE AN APPOINTMENT AND ASK IMMIGRATION IF THEY COULD IGNORE THE SECOND ONE???

PLEASE HELP ME! IM LOST, I HAVE NO ONE IN THIS COUNTRY AND I NEED A LITTLE BIT OF GUIDANCE.

THANKS A LOT

Did you receive a prima facie determination on the first I-360?

[CarlaM 0]

I got a prima facia for both of them and 2 different case numbers.

[diadromous mermaid 36]

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

[CarlaM 0]

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

Edited October 11, 2008 by carla-justin

[diadromous mermaid 36]

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

[CarlaM 0]

Thanks, a lot for your help. I sent him an email and I'm waiting for the reply

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

[tanyaru 3]

Thanks, a lot for your help. I sent him an email and I'm waiting for the reply

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

I don`t know about I-360 but if you send in 2 I-130s it will result in deniel of both. I suggest you to double check that.

[CarlaM 0]

Thanks, a lot for your help. I sent him an email and I'm waiting for the reply

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

I don`t know about I-360 but if you send in 2 I-130s it will result in deniel of both. I suggest you to double check that.

THANKS FOR THE INFO. I WILL CALL MY ATTORNEY ASAP

[tanyaru 3]

Thanks, a lot for your help. I sent him an email and I'm waiting for the reply

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

I don`t know about I-360 but if you send in 2 I-130s it will result in deniel of both. I suggest you to double check that.

THANKS FOR THE INFO. I WILL CALL MY ATTORNEY ASAP

Hope it works fine for ya. That information about I-130 was given to me by USCIS representatives (I think I asked 3 of them the same question) and they happen to be wrong sometimes. I didn`t want to scare you or anything. It is just with USCIS it is better to triple check sometimes not to get into difficult situation.

[CarlaM 0]

Thanks, a lot for your help. I sent him an email and I'm waiting for the reply

If the abused alien is married to a US citizen, then concurrent filing of an I-360 and I-485 is permitted. I suspect that he chose to refile because your pending I-485 was denied. It shouldn't cause any further delays, in fact, I suspect it might speed up the process.

That being said, your attorney is working for you. If you have any questions or concerns, this is what you have an attorney for. Ask him/her to explain each step he takes for you, so you can know where you are in the process.

I got a prima facia for both of them and 2 different case numbers.

A prima facie is not an approval, it simply indicates that you appear eligible for relief. From your timeline it seems that the first I-485 (marriage-based) was denied, so once an approval would be made on the I-360 you would then have the opportunity to submit forms to adjust status at that point.

I agree, my attorney send the first i-360 by itself back on March and then he submitted a brand new i-360,i-485,i-765 on August.

I have no idea of why he sent a new one and how is that going to affect the process.

I don`t know about I-360 but if you send in 2 I-130s it will result in deniel of both. I suggest you to double check that.

THANKS FOR THE INFO. I WILL CALL MY ATTORNEY ASAP

Hope it works fine for ya. That information about I-130 was given to me by USCIS representatives (I think I asked 3 of them the same question) and they happen to be wrong sometimes. I didn`t want to scare you or anything. It is just with USCIS it is better to triple check sometimes not to get into difficult situation.

I know, it's better to make sure.

I called USCIS today and they told me that the second application will cancel the first one, then I ask if I could cancel the last one so I don't have to wait 5 extra months for my application to be processed, they said I could go ahead and do it but that would cancell both and I would have to send all over again.

My attorney won't return my calls or emails, I have no idea why he sent 2 I-360. When I signed the second one I asked why he was making me sign a second one if we sent one already a few months ago, and he said it was just to keep it in file. It wasn't until I got a NOA1 when I found out he resent it.

...........

[diadromous mermaid 36]

I-360s are specialized cases and require specific familiarity. If you are unsure that your counsel is equipped to handle your case, make your concerns known to him/her in writing, and ask for reassurance that he/she feels competent to represent you.