VAWA

[Victoryismine 1]

Hey Yahya,

Just an experience advice, Tell your lawyer representing you at the Immigration Court in your Removal Proceeding to file a motion to the judge to Administratively Closed your case or Terminate your case so that USCIS can Adjudicate your I-360 and Adjust your Status. Tell your lawyer to discuss it with Government Attorney that your I-360 case will be Approved and your case is very strong so that S/he can agree with you or if there is no agreement with Government Attorney file your Motion anyway to the Judge and serve him/her a copy and forward your case before the Court/Judge they will either agreed for your case to be Administratively Closed so that if your case is Denied before USCIS they will re-calendar your case before the Judge or if your I-360 got Approved by USCIS you can forward the Approval to the Judge and your case will be Terminated finally. But you have to do this ASAP.. Your lawyer has to file that Motion to Administratively Close your Removal Proceeding so that your A-file can be transferred quickly to USCIS, because if your case is not Administratively Closed or Terminated it can take an indefinite time or awhile to reach USCIS and your I-360 will suffer on time Adjudication. Just my 2 cents advice because the exact situation happened to someone I know and that is the solution to overcome that. Or you can allowed USCIS to Approved your I-360 and Adjust your Status before Immigration Judge. But this process might be long......Good Luck man!

Edited August 6, 2010 by Victoryismine

[Yahya54 4]

Hey Yahya,

Just an experience advice, Tell your lawyer representing you at the Immigration Court in your Removal Proceeding to file a motion to the judge to Administratively Closed your case or Terminate your case so that USCIS can Adjudicate your I-360 and Adjust your Status. Tell your lawyer to discuss it with Government Attorney that your I-360 case will be Approved and your case is very strong so that S/he can agree with you or if there is no agreement with Government Attorney file your Motion anyway to the Judge and serve him/her a copy and forward your case before the Court/Judge they will either agreed for your case to be Administratively Closed so that if your case is Denied before USCIS they will re-calendar your case before the Judge or if your I-360 got Approved by USCIS you can forward the Approval to the Judge and your case will be Terminated finally. But you have to do this ASAP.. Your lawyer has to file that Motion to Administratively Close your Removal Proceeding so that your A-file can be transferred quickly to USCIS, because if your case is not Administratively Closed or Terminated it can take an indefinite time or awhile to reach USCIS and your I-360 will suffer on time Adjudication. Just my 2 cents advice because the exact situation happened to someone I know and that is the solution to overcome that. Or you can allowed USCIS to Approved your I-360 and Adjust your Status before Immigration Judge. But this process might be long......Good Luck man!

but my attorney already try to file motion but the court will not terminate the removal proceeding without ligament relief such as actual approval of the petition the government attorney she is very mean!!! but the judge he is super nice see my i485 is with court so we going to do adjust of status hearing after i got my vawa approve that what going to do i don’t know about how long is going to take so what you think should i do something us

Thank you Victoria you’re a big help

[sweet mgeni 2]

Hey Yahya,

Just an experience advice, Tell your lawyer representing you at the Immigration Court in your Removal Proceeding to file a motion to the judge to Administratively Closed your case or Terminate your case so that USCIS can Adjudicate your I-360 and Adjust your Status. Tell your lawyer to discuss it with Government Attorney that your I-360 case will be Approved and your case is very strong so that S/he can agree with you or if there is no agreement with Government Attorney file your Motion anyway to the Judge and serve him/her a copy and forward your case before the Court/Judge they will either agreed for your case to be Administratively Closed so that if your case is Denied before USCIS they will re-calendar your case before the Judge or if your I-360 got Approved by USCIS you can forward the Approval to the Judge and your case will be Terminated finally. But you have to do this ASAP.. Your lawyer has to file that Motion to Administratively Close your Removal Proceeding so that your A-file can be transferred quickly to USCIS, because if your case is not Administratively Closed or Terminated it can take an indefinite time or awhile to reach USCIS and your I-360 will suffer on time Adjudication. Just my 2 cents advice because the exact situation happened to someone I know and that is the solution to overcome that. Or you can allowed USCIS to Approved your I-360 and Adjust your Status before Immigration Judge. But this process might be long......Good Luck man!

Hi Victoryismine, i read this post and i assumed you have an idea about the imm. court system. I had a removal order in 2007, but vermont approved my VAWA march 2010, i went for interview in july 1st 2010, but USCIS have not replied anything since my interview. I did not file motion to re-open my removal order with the judge. Do you think USCIS will ever approve my case if i dont file a motion to re-open my case with the judge? i have been telling my attoney to file motion to reopen but he says that we should wait for the USCIS to respond. what do you think Victoryismine or somebody who has an idea please....

[3bvsla 1]

if there is a VAWA hot-line, are there any I-485 hot-lines? because it's been 3 months since my biometrics were taken and I still haven't got any response.

[Victoryismine 1]

@Yahya, Ok I see what is going on right now...Its common for the DHS Government Attorney to be mean that is the quality of their job to close the loop. Well its not going to be easy on you especially using VAWA in Removal Proceeding as a man thats why DHS Government Attorney is not agreeing to Administratively Closed or Terminate your case. Its all good but you have to file a motion to administratively close your case, this is different to you Terminating your case because DHS Government Attorney will not agree to that with you. Administratively Closure of your case will allow USCIS to effectively Adjudicate your I-360 VAWA because they will need your A-file to Adjudicate your I-360 due to their recent changes in processing procedures at Vermont. Administratively Closure of your case will not finally Terminate your Removal Proceeding from Immigration Court but it will take it off the Immigration Court Hearing Calendar and it will be put away on the shelve and in that case they can effectively forward it to USCIS and it will give USCIS total access and jurisdiction right to Adjudicate whatever benefit you requested from them. As far as I understand your case it seems your A-file that Vermont needs is still with the DHS Government Attorney at your Removal proceeding in Immigration Court. Let your lawyer talk to the Immigration Judge including DHS Attorney about the delay of not agreeing to Administrative Closure of your case is costing the effective Adjudication of your I-360. Sometimes its the best route to Adjust Status before Immigration Judge if your I-360 is approved and if USCIS denied your I-360 you can have it approved by the Judge but this process is hectic and cost money also time because it might take forever to complete. Tell your lawyer not to ask for Termination but Administrative Closure of your Removal proceeding to allow USCIS to effectively Adjudicate your I-360 that is the magic word. Or you can ask Judge to continue your case to give USCIS enough time to Adjudicate your I-360 either way..which ever way is good for you. But to Administratively Close your case will be the best option as far as I know. Good Luck! ..... Remember this is my 2 cents Consultation, inquire further from a Professional/Experienced Immigration Attorney.

@Sweet Mgeni, Your lawyer is right you have to wait for USCIS to make a decision because they have jurisdiction right to adjudicate your case right now. But you could have filed a motion to reopen your Removal Order Initially when your I-360 was approved and Adjust Status in front of the Immigration judge. If USCIS denied your I-485 you can still Adjust Status before Immigration Judge, you are fine because you have Approved I-360 Vawa which exclude you from lots of inadmissible Offences. Relax and let USCIS reach their decision, all the same you are in safe hands anyways whichever ways. Good Luck as well....Remember this is my 2 cents Consultation, inquire further from a Professional/Experienced Immigration Attorney.

[Victoryismine 1]

3bvsla, I think I know why your case got delayed a little bit longer...I think because you are late to have your biometrics done. Your biometrics was out of schedule and that throw you out of timeline. But relax they are reviewing your case for Preliminary Processing because your I-485 is still at Vermont Service Center and after the Preliminary Processing is completed they will forward your case to NBC to schedule your Interview with your local office. Just a question hope no criminal convictions on your record? Also to be on the safe side call USCIS National Customer Service Center tomorrow and make a Service Request about your case outside processing time and it might make them do something very quick regarding your case. Vermont still got your I-485. Your late Biometrics caused all this delay. Call Customer Center and make Service Request for Action on your case. Good Luck.

[kwala 3]

yahia is pr-approved .

the court proceeding terminated and removal proceeding End since prima facie has been used to yahya ,he got prima facie so the VSC in toush always with court because the court always conected with his A-file .i am sure his whole file with VSC already because everyone has file at the NBC and VSC cannot process vawa until they recieve the A-file from NBC so here same things his case is at the VSC because yahya has no thing to do with the court nor uscis asking him or his attorney to do anything for anything .his attorney just volentary willing to ask the court if they can send the A-file fast so VSC send approval notice .that why VSC require his Afile to inform the court about his case is GOOD TO GO .and that proceeding is terminated without any false information . too many members on here file i-360 vawa but the VSC transfere there vawa to the court becauser they dont istablish prima facie and they are in proceeding .(yahya case going trough Good moral Character) and has no thing to do with court proceeding since he is prove abuse and istablish elligibility under vawa .because the uscis send his case to court for removal .so the court will forward yahya case because the removal proceeding is terminated since yahya file i-360 .with VSC and not with the court .if he is not illigible the VSC will not accept his case like what hapened to EWTN and many more members on here .

By the way if Your case denied they will send you denial from yesterday and forward denial to the court handle your proceeding without A-file and the courth will inform you that you are not elligible under vawa .they send you RFE then they can send approval without Afile .i understand here that VSC send information to ICE to stop removal against yahya so they can receive response and the defered action used to yahya that he is alowed to stay for 15 months until adjust status .

you are not allowed to File any motion until they asking you to do so by notice from the courth or uscis .you can only file motion to reopen if the djudge at the court order deportation in 30 days so you can file motion to reopen djudge order to BIA court of appeal the djudge decision .also there is no decision from VSC to appeal or file Motion . just wait for notice from VSC because i know for sure they make sure u are good person.VSC will not toush your case without i-file .this is unbeleivable .they cannot open or look at ur case since they receive it without have ur A-file .they know who are you and your A-fle that why your case take so long .and RFE wihtout know who are you ? your case waiting visa availability or 6 months hold security clearance administrative .

3bvsla ,

your case already at the NBC and ur case transfered to local office for interview .sheck your mail always i think you lose interview notice or uscis not receive your fingerprint ..

[Victoryismine 1]

Kwala what in the world are you talking about? Your statement doesn't make sense at all...It doesn't have grounds in Immigration law and Regulations and am totally lost. I don't have a clue of what you talking about. Yahya I already told you what really happen to your case and you should follow up with your Attorney. Thats all I can say....Have a good day!

3bvsla, I already told you as well what happened to your case don't mind Kwala, your case is still at Vermont. If Vermont transferred your case to NBC they will notify you right away when they did. Vermont has to complete the Preliminary Processing of your case before they can forward it to NBC to schedule the interview and to do the final review for your local office. Do what I told you yesterday and follow up with an experience Attorney. Have a great Day!

Edited August 6, 2010 by Victoryismine

[kwala 3]

Victory smine , you have no information about his case at all .

yahya or his attorney not know anything .i am the one who said to yahya to do things to know about his case and what he is actauly talk about ..

VSC not asking yahya or his attorney to do anything at all because what hepend to his situation is called interOffice .uscis vsc and court .

you asking yahya to ask the court or his attorney to close the proceeding ? it was closed since the prima facie used to him because the court close proceeding since the VSC inform the court that he is istablish prima facie case mean he is elligible for vawa then his case slosed .NO Way if that the case is better that yahya ask them to approve the case . or give him green card right away .

yahya and his attorney has no things to do now anything .just wait the interoffices finish there job .the hot line inform them that they are waiting for his A-file i cant beleive that because no one will start process vawa case without having the A-file record .and the A-file alwaiys on the systeme .

yahya or his attorney cannot ask or file motion or appeal until a decition made by the court or USCIS vsc . now there is No decision from COURT OR VSC . I feel sory about you the abuse affect your memory . you should ask them to do new application called motion to close no decition . Ask Ghazal and all members .the interview of i-485 is everythiing Good luck .

3bvsla

VSC send you biometric notice asking you for finger print they take them for FBI check name and background check also if you ever travel or anything concern national security .if you contact senator will tell you security clearance because now is the final step is adjust status that mean you pass initial evidence .but the interview is the final stage to be permanent resident .

[Manu 1]

Relax Guys:)

Both Kwala & Victoryismone are experienced in their own way.I agree with Kwala that once Prima Facie is issued it means removal proceedings are terminated.

but i strongly suggest to talk to eperienced attorney as all of us here are experience holders and not professional. so The best bet is get a well qualified lawyer and take his advise.

NO HARD FEELINGS

[Victoryismine 1]

Well I Don't have to power struggle or argue anything with you Kwala...Even a blind man reading your statement will justify your intellectual ability. Listen to yourself for awhile and read all these Jargons you called Experience Immigration advice back to yourself for one minute because as for me I still can't understand you. But all the same, everybody has right to share and contribute their opinion here on this forum but for crying out loud in the name of the Lord make your advice or your contribution accurately and understandably grounded on the actual fact of the discussion. Well Yahya54 made it known yesterday that Government Attorney won't agree to Terminate his Removal Proceeding not until Vermont Approved his I-360 Vawa. It is common for some people going through this ordeal when they are in removal proceeding because Government Attorney doesn't believe that their case will be approved or they just want to escape immigration justice. They want to see the approval first before they can actually Terminate and close the case. But Vermont needs his A-file to speed up their processing because their policy has changed they can't Adjudicate I-360 Vawa without his A-file because some facts and more clarifications might be in his A-file that will help adjudicating his I-360. You are entitled to your opinion but share it wisely and don't mislead or mis-informed people with your jargons. If his case has been closed form Immigration Court why Vermont need ICE to forward his A-file for? Immigration Judge/Court has it. Some Immigration Court once you have Prima Facie they will Terminate and close your case but some Immigration Court might not agree until they received Approval. But above all am done with this. Take care...Follow up with your Attorney!

[mafen 1]

Hey,

yahya I wish u overcome this nightmare very soon and to all of us good luck.

I got an update say that the post office has return the notice thay sand me about my i360 as undeliverble, that's may have a sirios effect on prossing this case, but I always recivd all my document to my address but I guess after 22 months nothing will go smoth for me.

I call the service center to give them my address agine so they can re-send the notice agine. I just hope is not a Denied notice,

any advice ???

[Victoryismine 1]

Hey Mafen, you've done the right thing by notifying Vermont Service Center of your correct address. We don't know either what might be in the letter/mail. my thoughts to you is to wait and see what is in the mail/letter they are sending you. Don't be panic, whatever it might be has a solution. Brace yourself up for any impact. It might be RFE Notice, or it might Intent to denial Notice or even it might Approval Notice. Wait and see. Every situation in life has a solution. Good Luck!

[mafen 1]

Thanks for the quick response... The thing is I submit 2 RFE# the last one was in nov 2009. Long time since then nothing, the senator in my state was asking VCS to update my case and the notice was sent back to them.

I'm a little panic cz I never got prima fec and it's been so long journey with VSC, so I hope I didn't wait that long for nothing.

Even if it's a denial it's ok everything it's for a rison....

Will see what coming up and hope it's the one we all waiting for.

[EWTN2009 0]

To All,

When WE / YOU are on proceedings Judge CAN NOT ends / continues your "pre-deportation" process until your I-360 is approved or denied. Your designated Judge will continue re scheduling your court day over and over until Vermont adjudicates your case. That's all I can say.

God bless you all and bless you with MUCH PATIENT.

Have a good weekend !