VAWA

[3600rs 24]

it was denied since july 2007 but i appeal on august 2007 since then THE IO put the case on the shilf for 2 years until i contact the white house .then the IO adjidicate my case have 1 week to forward the case to HEAD QUARTER for THERE RECOMANDATION because he is stuck with that bunch of evidence he is afraid to aprove it because my be want give my aproval to someone else .because he only have 2 U TURN WHERE YOU COME FROM VISA ( u) .then he send the case or recomandation he need adivise he is not know how to adjiducate i-360 i swear to god .he need advise and someone to told him to aprove or deny the case he is stcuk but i am the loser for those years .the officer have his wife and kids and house and car and bed to sleep after work .but i only have allah .

that why i told you to send much eveidence you can because just few visa ( U ) turn where you come from left .is for woman only 95 % aproved men 25 % .

Ben, Allah balances scales in mysterious way. Seems your surprised with the 95 percent VAWA approval for women. This is the US and not your country of citizenship where you "probably" used to see 95 percent of women suffer all kinds of hideous atrocities. Now is time for you to get used to seeing 95 percent approval for women.

A delay in processing often means the IO's inability to approve. Approvals are given rapidly, denials are damaging to the alien who will be then a subject of removal court, so a denial takes time as it has to be drafted with care and signed by the director. Fear not, this is mere observation, it may or may not have to do anything with your case. All cases are unique.

[kwala 3]

Ben, Allah balances scales in mysterious way. Seems your surprised with the 95 percent VAWA approval for women. This is the US and not your country of citizenship where you "probably" used to see 95 percent of women suffer all kinds of hideous atrocities. Now is time for you to get used to seeing 95 percent approval for women.

A delay in processing often means the IO's inability to approve. Approvals are given rapidly, denials are damaging to the alien who will be then a subject of removal court, so a denial takes time as it has to be drafted with care and signed by the director. Fear not, this is mere observation, it may or may not have to do anything with your case. All cases are unique.

RESPONSE FROM APPEAL ADMINISTRATIVE

Upon review, the petitioner submitted sufficient new evidence to meet the requirements for a motion

to reopen. The director denied the petition determining that the petitioner had not established that his

wife subjected him to battery or extreme cruelty during their marriage and that he is a person of good

moral character. On appeal, the petitioner submits a letter, a sworn affidavit, and additional

evidence. Upon review, the petitioner submitted new evidence to address the director's objections.

Accordingly, the petitioner appeal meets the requirements for a motion to

reconsider.

The case will be remanded to the Vermont Service Center to be considered as a motion to

reopen/reconsider. The director shall review all the evidence of record, including the evidence

submitted on appeal in which the petitioner addressed the issues singled out by the director in the

denial notice.

ORDER: The petition is remanded to the director for further

consideration and entry of a new decision.

Edited March 24, 2010 by bensherif

[3600rs 24]

BenSherif,

Denials take place because the case is weak to approve, or under rare circumstances its an inexperienced IO who takes on a complicated file which is different from the usual protocol he has been trained for. So, yours could be the second reason. In that case the file would go to another IO for finalization.

All you can do is wait with hope. This is a capitalist country, on one takes the bus home, they just end up paying to stay.

[twototango 0]

Dear All,

Finally after20 months my case was approved. My I360 journey is over. Fears, anxiety, frustration, depression is not part of my life anymore.Be patient the day will come for those who are looking for justice.

[kwala 3]

just to put some light for those brothers and sisters who suffer at the hands of there crazy spouses we are victims of all kind of abuse because those citizen spouse think they apply for there alien like a car just need a tag to be like property and not as a person.here some information about petitioners who needs to show good moral charachter but have charge in the records conected with there spouses .note .the charge will be waived if conected .charge out of the relationship impact the process but must not be a felony charge .GOOD LUCK i wish that we keep this forum as a familly place because visa journey is the best place to comunicate for the same issues .also those who get aproved and going trough the i-485 process please we need to learn the experience .

– The battering or extreme cruelty on which the self-petition was based; and The nature of this connection is not specified in the statute. It could be as direct as the alien having had to take the action in order to escape from life- threatening abuse, as indirect as a simple desire to “get away for a while in order to sort things out”, or anything in between.

Note:

There is no minimum amount of time that must elapse following removal or departure for an alien qualifying for the domestic violence provision.

If the alien is able to establish both that a self-petition under one of the relevant sections of law has been approved and that there is a connection between the alien having been battered or subjected to extreme cruelty, then you must weigh the positive and negative discretionary factors (see paragraph ). If the alien is not able to establish either or both of these requirements (and 10 years have not elapsed since the alien’s last departure from the U.S.), the application must be denied.

Consideration of Discretionary Factors .

In adjudicating an application for consent to reapply, you must weigh the unfavorable factors against the favorable factors and be guided by published precedent decisions where similar factors were considered. In cases where the alien is mandatorily excludable on some other ground(s), the denial must include all grounds considered for the denial. In cases where there are precedent decisions involving similar cases, you would cite the appropriate precedent decisions on which you are basing your denial. In ot her words, the denial must cover all grounds for the denial; not just one area.

[kwala 3]

http://www.uscis.gov/err/B9%20-%20Battered%20Spouse%20or%20Child/Decisions_Issued_in_2008/May142008_01B9204.pdf

[MulanJohns 3]

Hello Dudes and dudettes!

Any news? Approvals, applications, interviews.

I have my interview on 05/05/2010..and man, do they want me to take the same things I have mailed over and over!

Good evening yo'll

[colours 3]

Hello Everyone,

Recently found this forum and read through all the posts for this topic. It's reassuring to find a place where everyone shares their experiences which provides some guidance to all especially when life gets tough.

Looking forward to being a part of this group

Thanks,

Colours

Not sure what's happening with my application but the journey has begun...

[speedbaby 0]

Hi everyone!

Just had my interview for VAWA today! I just got approved!!! :dance: :dance: :dance:

It's finally over!!

I will receive the 10 year green card and in 5 years I get to apply for citizenship!

[colours 3]

Congratulations speedbaby!

Can you please share more details about your interview...

Thanks!

[speedbaby 0]

Congratulations speedbaby!

Can you please share more details about your interview...

Thanks!

Thank you colours!!

My interview was supposed to be at 11am. I got there at 10:30.... It was 1:15 when I begged them to see me (I had to catch a bus back home at 2pm). The guy was really nice, apologized a million times for being late (he had many problematic cases that were before mine, that's why he was so late).. I told him not to worry about it... He made me swear that everything I told him was true, he just asked me if I was still married, to describe a little of what had happened, and he even laughed sometimes when I described what my ex-husband did to me... he even said: Did you put him in jail? I said: Yes!!! The officer even laughed and said well done... he got my medical exams, my divorce decree and confirmed my address, SSN, asked for my passport, canceled my K3 visa, and said that my visa was being approved.

In the middle of the interview he said: Call the cab now, cause I'm approving you and you need to go home and celebrate!

In the end, he just said I was getting the 10 year green card and that I could apply for citizenship after 5 years of permanent residency or in 3 years if I got married... I laughed and said that I wasn't planning on getting married and he laughed and said: I wouldn't either if I had gone through all that!

He apologized some more about the delay and just said that I'll be getting the green card in the mail within the next 2 weeks, gave me an approval letter and I was ready to go!

[EWTN2009 0]

Hello Everyone...

I'm back to the Forum and I just wanted to let you know that I really feel your pain... My case has been pending for 2 years and 2 months as of today. I've NEVER being asked for RFE, NOTHING and still pending. They have placed me in to proceedings even when I advised them that I filed VAWA case previously to my immigration appointment and still, NONE case is denied nor approved.

Three months ago I had to leave USA and obviously I can not come back at least in the next 10 years, but I bet you that even in 10 years from today my case would be still as pending. WHY? Who knows? Evidence I have it all, I sent all docs requested, hospital reports, police reports, notarized affidavits from friends, family members, pictures, medical bills, all backgrounds are cleared, car insurance bills, E V E R Y T H I N G .... Question is: WHY my case never was approved? NOBODY KNOWS. I called to 1-800 many times, send at least 10 letters requesting adjudication of my case, my lawyer contacted "his immigration friends" trying to use their influences to rush the decision and NOTHING WORKED OUT FOR ME.

I know the frustration for all of those who has been waiting and waiting years for that approval and still no answer.I can only say BE STRONG, that's it. Don't feel sorry for yourself, that's the worst feeling. . . PAIN IS INEVITABLE, FEELING MISERABLE IS OPTIONAL

I really hope that this journey ends soon for ALL of you. May the God bless you all the time.

Take care,

EWTN

[colours 3]

speedbaby - Congratulations once again! and thanks for sharing the details How exciting for you! It's great hearing your story

EWTN - Extremely sorry to hear about your terrible experience. I am sure it's been frustrating for you. Would like to wish you luck and a good and happy future here onwards! There is something better yet to come and everything that happens is for a better tomorrow...

It's scary hearing some of the stories and some are more reassuring. At this point in my journey I really don't know what to expect :S but hoping for the best!

[colours 3]

speedbaby - btw how soon was your case approved? I am assuming you filed I-360 and I-485 concurrently? Did you receive an EAD prior to the final steps?

I really need to work to support myself and it's frustrating being so helpless but trying very hard to be positive

[kwala 3]

Hi everyone!

Just had my interview for VAWA today! I just got approved!!! :dance: :dance: :dance:

It's finally over!!

I will receive the 10 year green card and in 5 years I get to apply for citizenship!

congratulation and filicitation for the approval you desirve more than green card dont forget us sometimes ask for us .