VAWA

[ashleyblack 0]

Here is my timeline

Filed: I360,I485,I756 July 28th 2010

Receipt August 4,2010

Biometric August 25,2010

Prima Facie August 30,2010

RFE request September 20,2010

RFE Sent November 20,2010

Employment card arrive September 16,2010

I360 Approved post Decision Activity I checked online January 26,2011

AOS interview April 14,2011 APPROVED

Citizenship 2014!!!!!!

[StillHere 0]

Here is my timeline

Filed: I360,I485,I756 July 28th 2010

Receipt August 4,2010

Biometric August 25,2010

Prima Facie August 30,2010

RFE request September 20,2010

RFE Sent November 20,2010

Employment card arrive September 16,2010

I360 Approved post Decision Activity I checked online January 26,2011

AOS interview April 14,2011 APPROVED

Citizenship 2014!!!!!!

Thx for sharing ur timeline. And congratulation

[lucymiss 0]

It will be 9 months since I filled as well in a couple of weeks. i received the same letter that you got, about files being transfered, and I also got a prima facie. I am actually on my second prima facie. And like you I have not heard anything else, no touch, no RFE, nothing. My hope is in God alone. Hang in there.

i am in the same situation .apply almost nine month. no respond.

[lucymiss 0]

Here is my timeline

Filed: I360,I485,I756 July 28th 2010

Receipt August 4,2010

Biometric August 25,2010

Prima Facie August 30,2010

RFE request September 20,2010

RFE Sent November 20,2010

Employment card arrive September 16,2010

I360 Approved post Decision Activity I checked online January 26,2011

AOS interview April 14,2011 APPROVED

Citizenship 2014!!!!!!

that is wonderful. is the tax paper important druing this process??? yours is really fast.

[yulisa 9]

hello every body,how are u? am in the same situation.my lawyer filed mine on july 2010.BUT I AVE NO TOUCH I MEAN NOTHING.ON THE 25 OF APRIL MY LAWYER SAID SHE CALLED AND THEY TOLD HER MY CASE HAS BEING TRANSFERED TO AN ADJUDICATING OFFICER.HOW LONG DOES IT TAKE TO HEAR FROM THEM? IT ALMOST ONE MONTH NOW.EVEN UP TILL NOW I AVE NO TOUCHES ON MA CASE.THEY AVE NOT REQUESTED FOR ANY RFE YET AND IT TAKING LONG.SO I WONDER WHAT IS GOING ON?

[StillHere 0]

You got me, I have no idea what that means. Maybe someone else can help you. Good luck anyway

[TransPorter 1]

i am in the same situation .apply almost nine month. no respond.

There's something going on at USCIS, its also my second prima facie. no rfe, no touch, nothing at all.

[yulisa 9]

hello victoryismine,

what do u mean by Extreme Cruelty and Explaining More on Abuse and Extreme Cruelty.i and my lawyer sat down and i wrote all the things that he did to me when i came into the usa.am very sad person now and i did not deserve to be treated this way neither anyone,he really did bad things to me. so what do they mean by extreme cruelty? can u plse explain and what did u give them? cos i never did call the police and took pictures of the marks he left on me,now the marks are all gone.it was when i could not take it any more and i called the police on him.he has taken the baby away from me.am going through alot. my life is really sad and i dont want to leave like this no body ave to everybody deserve to be happy.now we are fighting over the baby in court.they ave not sent me rfe yet since july 2010.

my father in heaven should remember me in heaven cos that where i can rest my soul.

[murid2010 6]

hello victoryismine,

what do u mean by Extreme Cruelty and Explaining More on Abuse and Extreme Cruelty.i and my lawyer sat down and i wrote all the things that he did to me when i came into the usa.am very sad person now and i did not deserve to be treated this way neither anyone,he really did bad things to me. so what do they mean by extreme cruelty? can u plse explain and what did u give them? cos i never did call the police and took pictures of the marks he left on me,now the marks are all gone.it was when i could not take it any more and i called the police on him.he has taken the baby away from me.am going through alot. my life is really sad and i dont want to leave like this no body ave to everybody deserve to be happy.now we are fighting over the baby in court.they ave not sent me rfe yet since july 2010.

my father in heaven should remember me in heaven cos that where i can rest my soul.

FYI

The standard which non-battering abuse must meet is that of extreme cruelty. A finding of extreme cruelty involves the examination of the dynamics of the relationship, the victim's sense of well being before the abuse, the specific acts during the period of abuse, and the victim's quality of life to function after the abuse. Your own testimony should cover this.

Further evidence or testimony may be needed in order to promote a finding of extreme cruelty. Such testimony might involve explanation of the type of abuse suffered and the after-effects of the abuse to include answers or description for the following.

-If Verbal: What were the words, names used what tone of voice was used, how did the incident end, who left the room / residence, did things go back to "normal" or was there a need of apologies, appeasement or "walking on eggshells"

-Social Isolation: Were you socially isolated? If so, please explain the manner and duration of the isolation. What specific actions did your alleged abuser take? What did you do in response? How did you feel as a result of his or her actions.

-Possessiveness: Was your alleged abuser possessive? If so, please explain the manner of the possessiveness. What did your alleged abuser do? What did you response? How did you feel as a result of his or her actions.

-Quality of Life: How did your life change? How were you affected by the abuse? What do you feel caused the changes? What did you do to deal with the abuse?

It is important to understand the above factors in order to determine if the abuse qualifies as extreme cruelty. Any further explanations or descriptions you can provide or anything further you may wish to share would be of great assistance to USCIS in making an informed decision.

I hope this will help answer you questions. My personal statement was based on the above factors, I represented my self and I was approved April 20, 2011.

[murid2010 6]

Publication Date: June 4, 2010

DCL ID: GEN-10-07

Subject: Student Aid Eligibility - Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act

Summary: This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, HEA program assistance.

Note: This Dear Colleague letter was updated on November 5, 2010 with the following information: The address to send the G-845S form was updated.

Dear Colleague:

Background:

Under certain conditions and with the documentation described below, some non-U.S. citizens who are “Battered Immigrants-Qualified Aliens” and their designated children may receive federal student financial assistance under Title IV of the Higher Education Act of 1965, as amended (HEA).

Normally, when a U.S. citizen (or lawful permanent resident) marries an alien and wishes to bring his or her spouse to the U.S., the U.S. citizen petitions the Department of Homeland Security’s (DHS’s) United States Citizenship and Immigration Service (USCIS) office so the alien spouse may legally reside in the U.S. However, sometimes in the case of domestic violence, the abusing citizen-spouse threatens the alien-spouse and/or controls the petitioning process. Immigrants who are spouses of U.S. citizens or spouses of lawful permanent residents, and who are victims of domestic violence, as determined by the USCIS, may be deemed “qualified aliens,” which under the Violence Against Women Act (VAWA) makes them and their designated children eligible for “federal public benefits,” including federal student financial assistance under Title IV of the HEA. The VAWA allows the battered immigrant to self-petition the USCIS for such a determination without the cooperation or knowledge of the abuser.

Due to confidentiality concerns,1 information about such battered immigrants is not maintained in the Department of Homeland Security’s Systematic Alien Verification for Entitlements system that is generally used for computer matching between the Department of Education (ED) and DHS. Instead, DHS has a unit separate from its central or regional offices that maintains information on VAWA Battered Immigrants.

As a result, the submission of a Free Application for Federal Student Aid (FAFSA) by a Battered Immigrant-Qualified Alien will not yield a positive match with DHS. Also, the collection from the applicant by a postsecondary educational institution of USCIS-provided documentation and its submission to the local USCIS office with a G-845S Document Verification Request form, as provided for other types of eligible noncitizens, will not provide verification of the applicant’s status as a qualified alien.2

The guidance in this letter describes the documentation process that must be used for a person who requests Title IV eligibility based upon his or her status as a “Battered Immigrant-Qualified Alien.”

Generally, a Battered Immigrant-Qualified Alien receives an Alien Registration Number (A-Number) upon arrival to the U.S. When completing the FAFSA, the Battered Immigrant will indicate on the FAFSA that they are an eligible noncitizen and provide their “A-Number.” While Battered Immigrants are not “eligible noncitizens” for the purpose of the ED/DHS computer match, as indicated above, they are noncitizens who, as determined by DHS-USCIS, are eligible for federal benefits, including Title IV student assistance.

Documentation Requirements:

The documentation that must be provided depends on the applicant’s DHS-USCIS Case Type, as described below.

1. Type of Case: Self-petitioning cases under VAWA

Description –When an immigrant self-petitions DHS-USCIS for a status of Battered Immigrant-Qualified Alien (by filing an I-360 form), the USCIS will make an initial determination to:

(1) deny the petition,

(2) approve the petition, or

(3) find that a “prima facie” case has been established.

Either the approval of the self-petition or a finding of a “prima facie” case establishes an otherwise eligible applicant’s eligibility for Title IV, HEA program assistance. However, a finding of a “prima facie” case will have an expiration date. As a result, for “prima facie” cases, Title IV eligibility will end the day after the expiration date, unless the USCIS has changed the applicant’s status to “approved,” or has extended the expiration date of the “prima facie” case.

Documentation – The USCIS will respond to an applicant’s self-petition by issuing to the applicant an I-797, Notice of Action form.

NOTE: The I-797 form is used by the USCIS for many purposes, so it is critical that it be carefully reviewed.

Approval - USCIS will provide a DHS-USCIS Form I-797, Notice of Action form, indicating the applicant’s status. When a self-petitioning spouse is approved, the I-797 will indicate “Notice Type: Approval Notice” and the Section reference will read, “Self-Petitioning Spouse of U.S.C. or L.P.R.” In the narrative below, there will be a statement such as, “The above petition has been approved.” When the I-797 has the above designations, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required.

In cases where the self-petitioning spouse’s application has been approved, a separate I-797 form will be issued by USCIS with the names and dates of birth of any children listed by the applicant. That I-797 form will read, “Notice Type: Notice of Dependent Child (ren), Section: Self-Petitioning Spouse of U.S.C. or L.P.R.” In the narrative it will state, “The following derivative children are named on the approved Petition” and then the names and birth dates of the child (ren) will be provided. These children, if otherwise eligible, may receive Title IV, HEA program assistance and no verification with DHS-USCIS is required.

The status of a child listed on a self-petitioner’s notice of action when the petition has been approved by DHS-USCIS continues even after the child has reached the age of majority.

In some cases, a dependent child can be the self-petitioner and therefore the I-797 form would read, “Notice Type: Approval Notice, Section: Self-Petitioning Child of U.S.C. or L.P.R.” in a case where the U.S. citizen or lawful permanent resident is abusing the child.

When the I-797 form has the above designations, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required.

“Prima Facie” Case - The I-797, Notice of Action will sometimes indicate “Section: Self-Petitioning Spouse of U.S.C. or L.P.R. ESTABLISHMENT OF PRIMA FACIE CASE.” This status is usually provided for a period of up to 180 days (as indicated on the I-797, Notice of Action form). As long as the I-797 form has not expired, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required. Also, at times, DHS-USCIS will extend the “prima facie” case for a specific period of time until the case is either approved or denied. As long as the expiration date has not occurred, an otherwise eligible Title IV, HEA applicant is eligible to receive Title IV, HEA program assistance. It is our understanding that a self-petitioner can submit a written request for an extension up to 15 days prior to the expiration date and receive an extension. Unless the I-360 application has been denied, the petitioner should receive an extension of the “prima facie” case on a subsequent I-797 form.

The I-797 may include a section with the names and dates of birth of any children of the self-petitioning spouse. These children are also eligible to receive Federal Title IV student aid under the “prima facie” determination of the parent with the same expiration date limitation. The child’s eligibility continues even after the child has reached the age of majority, as long as the I-797 has not expired.

[yulisa 9]

FYI

The standard which non-battering abuse must meet is that of extreme cruelty. A finding of extreme cruelty involves the examination of the dynamics of the relationship, the victim's sense of well being before the abuse, the specific acts during the period of abuse, and the victim's quality of life to function after the abuse. Your own testimony should cover this.

Further evidence or testimony may be needed in order to promote a finding of extreme cruelty. Such testimony might involve explanation of the type of abuse suffered and the after-effects of the abuse to include answers or description for the following.

-If Verbal: What were the words, names used what tone of voice was used, how did the incident end, who left the room / residence, did things go back to "normal" or was there a need of apologies, appeasement or "walking on eggshells"

-Social Isolation: Were you socially isolated? If so, please explain the manner and duration of the isolation. What specific actions did your alleged abuser take? What did you do in response? How did you feel as a result of his or her actions.

-Possessiveness: Was your alleged abuser possessive? If so, please explain the manner of the possessiveness. What did your alleged abuser do? What did you response? How did you feel as a result of his or her actions.

-Quality of Life: How did your life change? How were you affected by the abuse? What do you feel caused the changes? What did you do to deal with the abuse?

It is important to understand the above factors in order to determine if the abuse qualifies as extreme cruelty. Any further explanations or descriptions you can provide or anything further you may wish to share would be of great assistance to USCIS in making an informed decision.

I hope this will help answer you questions. My personal statement was based on the above factors, I represented my self and I was approved April 20, 2011.

HELLO MURID2010,Thanks for replying ma comment.but how long did it take for them to approve ur i360?i think all the things u stated above was all in ma document but i dont remember writing the quality of life.am all stressed up.and did u get any rfe?

[StillHere 0]

Guys I need help. I want to find the way to contact Vermont about not getting a prima face. What do you think? either by calling or writing. Any response will be appreciated. Thank you

[murid2010 6]

HELLO MURID2010,Thanks for replying ma comment.but how long did it take for them to approve ur i360?i think all the things u stated above was all in ma document but i dont remember writing the quality of life.am all stressed up.and did u get any rfe?

I file my I-360 oct 18, 2011. It was approved April 20 2011

Guys I need help. I want to find the way to contact Vermont about not getting a prima face. What do you think? either by calling or writing. Any response will be appreciated. Thank you

Calling the vasa hotline will be faster

[StillHere 0]

Oh ok I will definitely do that. Can u send me the number and do you think I should tell them.

[murid2010 6]

Vawa hotline 802-527-4888