VAWA

[indian guy 13]

prima facie is for public beniufits till the decision. Link from GOV site is here.

http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/fed_reg/fr111797a5.htm

[indian guy 13]

prima facie is for public beniufits till the decision. Link from GOV site is here.

http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/fed_reg/fr111797a5.htm

read this link..talking public benifit will not effect the green card process.

http://www.nilc.org/ciwc/ciwc_ce/DV_CalWorks.htm

[My-joy 4]

Hello everybody,

Please I need some acurate feedback.

-I want to file for work permit, I'm going to be homeless in a few weeks. I need to work to put a roof over my head and my daughter. But my lawyer wants me to wait for the I-360 outcome first. She says if they do not approve my I-360 they will not forward my case to immigrations for deportation.

-I want to know if there is anyone in this forum who has ever been disapproved, and if that person filled for adjustment of status with the I-360.

-And after the denial letter, how long did it take (weeks-months) before you were ordered to come before an immigration judge?

-Can you appeal the denial?

All feedbacks will be welcomed.

[tuna_fsk 0]

Hello everybody,

Please I need some acurate feedback.

-I want to file for work permit, I'm going to be homeless in a few weeks. I need to work to put a roof over my head and my daughter. But my lawyer wants me to wait for the I-360 outcome first. She says if they do not approve my I-360 they will not forward my case to immigrations for deportation.

-I want to know if there is anyone in this forum who has ever been disapproved, and if that person filled for adjustment of status with the I-360.

-And after the denial letter, how long did it take (weeks-months) before you were ordered to come before an immigration judge?

-Can you appeal the denial?

All feedbacks will be welcomed.

Hi My Jay,

I cannot answer about the denial or immigration judge or the appeal because I did not experience any of that... Thank God...I pray I don't..

BUT, If your ex-spouse was a US Citizen, you can file a concurrent I-485 which includes the work permit and the travel document.

I know you can file it together with the I-360 because I did it. I file in April of 2010 and got the work permit in June 2010.

This is.. ONLY if your spouse was a US CITIZEN not green card holder.

Also, You can request USCIS to waive your filing fee for the I-485 by telling them that you are going to be homeless and that you have a daughter to feed.

I personally did not apply to have the filing fee waived, but I know that some people in this forum HAVE, and their filing fee was waived.

Sorry I can't answer all the questions.. All I can offer you is my prayers for a speedy approval..

Take care,

Tuna

[My-joy 4]

Thanks tuna. My husband is a US citizen. I just afraid to take chances because my daughter has a medical condition.

Hi My Jay,

I cannot answer about the denial or immigration judge or the appeal because I did not experience any of that... Thank God...I pray I don't..

BUT, If your ex-spouse was a US Citizen, you can file a concurrent I-485 which includes the work permit and the travel document.

I know you can file it together with the I-360 because I did it. I file in April of 2010 and got the work permit in June 2010.

This is.. ONLY if your spouse was a US CITIZEN not green card holder.

Also, You can request USCIS to waive your filing fee for the I-485 by telling them that you are going to be homeless and that you have a daughter to feed.

I personally did not apply to have the filing fee waived, but I know that some people in this forum HAVE, and their filing fee was waived.

Sorry I can't answer all the questions.. All I can offer you is my prayers for a speedy approval..

Take care,

Tuna

[indian guy 13]

I don't know your complete history so I dont know where you are in process and what you have filed. If you only filed I 360 and never filed I 485 then your work permit will not be approved. if you have I 485 filed then you should file I 765, attach copy of I 485 receipt, then oly it will approved.

I had my I 485 denied but I contasted and kept alive. I am in removal proceeding. Going to court over two years now. My case is old and different then any normal case. I went thru a lot (process) almost touched every aspects in immigration. Deportation, BIA appeal, circuit court appeal, joint motion, I 485 denial, Approved I 130 withdrawn. EAD denied and then reisntated etc.. you name it.

Although I am in removal proceedings, I have many options open still to adjust. I360 is one of them.

Once I 485 denied , its a general protocol of USCIS to open Removal proceeding within 60 days. NTA will be issued once I 485 is denied. is that what you are asking?

Edited October 9, 2010 by Pascal

[My-joy 4]

I don't know your complete history so I dont know where you are in process and what you have filed. If you only filed I 360 and never filed I 485 then your work permit will not be approved. if you have I 485 filed then you should file I 765, attach copy of I 485 receipt, then oly it will approved.

I had my I 485 denied but I contasted and kept alive. I am in removal proceeding. Going to court over two years now. My case is old and different then any normal case. I went thru a lot (process) almost touched every aspects in immigration. Deportation, BIA appeal, circuit court appeal, joint motion, I 485 denial, Approved I 130 withdrawn. EAD denied and then reisntated etc.. you name it.

Although I am in removal proceedings, I have many options open still to adjust. I360 is one of them.

Once I 485 denied , its a general protocol of USCIS to open Removal proceeding within 60 days. NTA will be issued once I 485 is denied. is that what you are asking?

Hi Pascal, thanks for the insightful information. i wanted to know how long it takes after a denial before removal proceedings actually begin.

I filed my VAWA petition in early August of this year. I-360 only, as per advice from my lawyer. I 've talked to her a couple of times about filing for work authorization, but she wants me to hold off doing that until I get an approval letter. It's just been very difficult for me.

My case is a little complicated...but I pray God for an approval ASAP.

She wants me to wait till I'm closer to my 10 year mark stay in the US, that way even if I'm denied I can file for cancellation of removal, which we are confident I qualify for, due to my family situation, but that is about a year from now. i don't know what to do.

I appreciate the info. I wish you well in your journey as well. It must be very stressful for you.

[indian guy 13]

Hi Pascal, thanks for the insightful information. i wanted to know how long it takes after a denial before removal proceedings actually begin.

I filed my VAWA petition in early August of this year. I-360 only, as per advice from my lawyer. I 've talked to her a couple of times about filing for work authorization, but she wants me to hold off doing that until I get an approval letter. It's just been very difficult for me.

My case is a little complicated...but I pray God for an approval ASAP.

She wants me to wait till I'm closer to my 10 year mark stay in the US, that way even if I'm denied I can file for cancellation of removal, which we are confident I qualify for, due to my family situation, but that is about a year from now. i don't know what to do.

I appreciate the info. I wish you well in your journey as well. It must be very stressful for you.

If the I360 is denied then you will have appeal time for 30 days. If you didnot appeal to AAO then USCIS will take 60 days to open removal proceedings. If you appeal, it can prolong the time you need. Keep in mind that the day uscis issue NTA , that day your physical clock will stop. (ten years physical presence requirement in case of cencellation of removal)+ hardship to USC/LPR.

I wonder why your attorney didnot filed I485 concurrently? Iguess you can still file it if you have met prima facie. Filing I485 with I360 receipt will be acceptable. then file I 765. Filing I 485 with waiver will save you fees.too, I know attorney will say that once I360 file alone, they will not accept your I485, until decision is made on WAVA, But I have seen opposite once alien is not into removal proceedings. The reason for that, USCIS still didnot lost the jurisdiction over I 485 because NTA is not issued in your case. USCIS will lose the jurisdiction only of NTA is issued and then Immigration court can adjust the I485.Once in removal proceedings Only court ask Alien to file the I485 with court(there is certain procedure for that) You are not there yet, therefore you should try to file I 485 first.

NY OSC( order show cause) was issued in 1995. and again they open removal proceeding in 2008. I also have similar situation. I also can file for cencellation of rermoval, infact suspension of deportation if my 360 have some problem.

Edited October 9, 2010 by Pascal

[TransPorter 1]

To Kwala and Pascal, Thank You for your input, really appreciate it. I'm starting to read the link that Pascal post.

[murid2010 6]

New on this forum. But seeing some good information about VAWA, will be sending my application in few days.

[tuna_fsk 0]

Tick.. tock.. tick.. tock..... Still no Prima facie renewal...

[tuna_fsk 0]

HI Guys,

I have jsut recieved my Prima Facie renewal today, dated on October 5,2010. Guess they have not made a decision on my approval or denial yet

[indian guy 13]

I have question for those who already had approval on I 360

I just received Email. stating ;

ACCEPTANCE:

On October 8, 2010, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. Your case is at our VERMONT SERVICE CENTER location. If this I360, PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move and this case is still pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

During the acceptance step USCIS reviews newly received applications and petitions to ensure that they are properly filed (i.e. signed by the applicant, appropriate fees, etc.) USCIS issues a receipt number for the application or petition, and sends a receipt notice to the applicant or petitioner.

MY question is, I was asked for RFE and I submitted on september 15th 2010 and I received letter from USCIS that They received my RFE on 17th and evidence is under review, it will take 60 days to make the decision. Now I received this email above and heading said acceptance..

It this the approval or Its just simply a letter. What abbout the fees etc ?there is no fees for 360?

I am confused.. please let me know if anyone received this kind of letter.

[tuna_fsk 0]

I have question for those who already had approval on I 360

I just received Email. stating ;

ACCEPTANCE:

On October 8, 2010, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. Your case is at our VERMONT SERVICE CENTER location. If this I360, PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move and this case is still pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

During the acceptance step USCIS reviews newly received applications and petitions to ensure that they are properly filed (i.e. signed by the applicant, appropriate fees, etc.) USCIS issues a receipt number for the application or petition, and sends a receipt notice to the applicant or petitioner.

MY question is, I was asked for RFE and I submitted on september 15th 2010 and I received letter from USCIS that They received my RFE on 17th and evidence is under review, it will take 60 days to make the decision. Now I received this email above and heading said acceptance..

It this the approval or Its just simply a letter. What abbout the fees etc ?there is no fees for 360?

I am confused.. please let me know if anyone received this kind of letter.

Wow! That's a very confusing letter... I hope it is an approval.. very weird approval.. I guess you have to wait for the mail and see exactly what it is... My Prayers are with you..

Tuna

[kwala 3]

if the fees waived they will send you a notice when you file i-360 .if they dont send you notice how you get RFE ? looks like a notice you recieve it already .

Edited October 13, 2010 by kwala