VAWA

[Victoryismine 1]

I know something is not right about her case ! Because you can't get approval without an initial issuance of Prima Facie Determination. Initial Prima Facie determination proofs that at least you have a facial case evidence and eligible for the benefit sought until proving otherwise..and thats why they will keep asking you for RFE until they are satisfied and proving the burden of eligibility and evidence. Well please see your lawyer ASAP because its not normal. If they keep sending you RFE since all these months ( 13 Months ) without a Prima Facie Determination it means something is fishing and you haven't prove otherwise. I see your timeline that they are touching your case they might send you a Prima Facie Determination before they approve your case because they are processing your timelines right now. Also if care is not taking they might send you NOID ( Notice of Intent to Denied ) So watch out for something this week or next week in the mail. I wish you good luck and don't relax too much take action before its too late.

[3bvsla 1]

Thats what I'm actually expecting now - NOID or prima facie.

I got 2 lawyers, but they never seemed to be really concerned about my case. They told me I'll be fine, that's all.

Lets see how it goes.

[Victoryismine 1]

Hey 3bvsla,

If your attorney doesn't care or concern about your immigration case and you discovered that they are not fighting enough for your right, I will suggest you fired them and hire a new attorney that will care enough for you. I did the same thing I fired my initial attorney after I discovered that he is lazy and he doesn't fight enough for my right because he didn't care. Its all about you not about them. I know you have suffered or abused one way or the other. Make a fast move. Good luck !

[3bvsla 1]

I googled it and found out that after responding to the NOID people get a decision within 3 weeks.

I fired my 1st lawyer because he clearly had no idea what he was doing.

After receiving second RFE (it could be NOID though, i wonder why they didn't issue NOID for me instead of second RFE) i hired another lawyer. But she and her assistants were concerned about responding to RFE more, then to the case itself.

Its very difficult to find a lawyer who actually had an experience with VAWA.

They all say they did have, but all they want is money so as long as they customers pay, they will say whatever they customers want to hear.

Edited January 5, 2010 by 3bvsla

[3bvsla 1]

Here is what USCIS says about NOID to asylum, but I think it has the same idea to VAWAs NOID:

"Notice of Intent to Deny

You may receive a notice of intent to deny (NOID) if you have valid legal status in the United States but are found ineligible for asylum. The NOID will state the reason(s) that you are ineligible for asylum. You will have 16 days to explain in writing either why the claim should be granted or submit new evidence to support the claim, or both. If you do not to respond within 16 days, your asylum claim may be denied. If we receive a timely response, the asylum officer will carefully consider the response or new evidence, or both and then make a final decision to approve or deny the claim. If the claim is approved, the officer will issue a grant of asylum (see above); if the claim is denied, the officer will issue a final denial (see below)."

hmmmmm..

[Victoryismine 1]

Let me be honest with you... The adjudicating process and treatment of VAWA case is totally different to asylum adjudicating process. So don't get mixed up between the two. Wait and see what is coming up..I mean what they will send you soon because am positive something is coming in the mail for you in the next 2 weeks. But ready your lawyer to fight whatever is coming. Don't lay down your guard. If they decided to send you NOID you have 2-3 months to reply either with more evidence and after that if they finally denied your case you can appeal it as well but be fully ready. Mind you if you recently sent them sufficient evidence in your last RFE you might receive Prima Facie Determination. You will be fine if you know your full right ! Thats what I suggest.....See professional and competent attorneys for details.

Edited January 5, 2010 by Victoryismine

[3bvsla 1]

yeah

Asylum and VAWA are totally different, I get that part I think it might be the same in a way that response to NOID leads to the denial or approval right a way. And takes about 3 weeks.

I really don't know how to find competent attorney who has VAWA experience. So, whatever

[Victoryismine 1]

For example, my I-360 case. I never received any RFE since I filed on Jan 12, 2009 and this is my 2nd Prima Facie Determination I've received. January 12, 2010 will be 12 Months since I filed. I filed I-485 and I-765 concurrently on Dec 17, 2009 but never received a receipt notice. I called my lawyer but they never received it either. I called USCIS this morning, they told me they've received my case and sent out receipt notice to my attorney on Dec 30, 2009. That is a big relief that my case received and accepted with fee waiver. Waiting for it now in the mail.

[3bvsla 1]

Victoryismine,

great news, dude. looks like your case is staying out of trouble

[UKRUSA 2]

thank you'Victoryismine you the bust!!!

Today is the time to reflect on the year passed, learn from the mistakes made and look forward to the year to come. Happy New Year to all, and May the next year bring all joy and happiness…and approvel

to all of you guys

niagara 15 month approved

ewtn2009 21 month no desision yet

joanne28 11 month approved

vawa2006 14 month approved

koshkamoshka 13 moth approved

monal lisa 13 month approved

yahya54 13 month no desision yet

3bvsla 13 month no desision yet

chanamad88 16 month approved

biker4evr 14 month approved

hana 13 month approved

lostinnj 20 month approved

yong turk 11 month no desision yet

kenjo 7 month approved

honst 7 month approved

happey new year

Happy New Year Everyone.

17 months new attorney / 21 months filed - No decision yet / EFE - Received and Submitted mid November 09 no answer yet.

One word - RIDICULOUS !! Those with 7 month approval I fel happy for you but feel so much anger and disappointment for those sitting on their hand in Vermont. Karma comes to mind for those working this case.

[Victoryismine 1]

Thanks 3bvsla ! I wish you well and I hope you find a solution to your situation as well. This journey is very rough and tough !!! But like I always say "Victory Is Mine" one day. I wish everybody well including my friend Yahya54 for a quick approval. Guys don't hide your approvals and your updates without sharing it with guys here because it will actually help someone and create hope for the folks in the same situation just like you. Thanks and may God bless you all.

[3bvsla 1]

UKRUSA,

got prima facie?

[UKRUSA 2]

UKRUSA,

got prima facie?

Yes!

[Victoryismine 1]

UKRUSA,

Put your timeline up if you don't mind. It will help someone. How many Prima Facie Determination you've got so far.

[UKRUSA 2]

UKRUSA,

Put your timeline up if you don't mind. It will help someone. How many Prima Facie Determination you've got so far.

Since May of 2008

2 PFD in 2008

3 PFD in 2009

RFE received and responded to first week of November 2009. USCIS dated it second week of November 2009.

I don't feel 100% comfortable giving exact dates per attorney and others.