How can i obtain a work permit with a pending vawa case??

[Rachelm 2]

Hello everybody. please if anyone is out there and can offer advice that can help me in my situation, i will forever be grateful. here is my story.

I got married to a US citizen in 2005 and moved to the US in 2007.

Sep 30 2009 I received a denied letter from USCIS for adjustment of status because as i learnt, my husband revoked his sponsorship.

It also went on to say that my work athorization has been revoked and i needed to depart from the US.

Oct 16 2009 filed a Vawa petition

Nov 12 I received my prima facie case form I-797C notice of Action letter

My prima facie expired on may 11 of 2010. I sent a request of an extension so i could work and drive, but until now i havent heard from them.

Feb 19 2010 I received a letter requesting additional evidence

I have not even received a letter confirming that they received the letter with the additional evidence.

My work permit expired and so did my drivers license

My question is How can i work and drive while waiting for the outcome of my application?

i appreciate your advice.

Rachel M.

[indian guy 13]

did you check online you status of WAVA?

Once you send The reply to RFE, you should get processing resumed status.

If they didnot received the Answer for RFE they will not renew your Prima facie.

Check first if your WAVa is stillintact then only you can go further,

to get work permit you need to file I 485 and I 756, then only you will get Wok permit, of course WAVA appilcation also be filed and pending.

[Rachelm 2]

did you check online you status of WAVA?

Once you send The reply to RFE, you should get processing resumed status.

If they didnot received the Answer for RFE they will not renew your Prima facie.

Check first if your WAVa is stillintact then only you can go further,

to get work permit you need to file I 485 and I 756, then only you will get Wok permit, of course WAVA appilcation also be filed and pending.

[Rachelm 2]

Thank you Pascal,

First off, am sorry my reply is what you wrote to me, am still trying to figure out how to use this multi quote and reply tags, so sorry for that.

To answer your questions, yes i did go online and my status says that they received my RFE and my case is being processed in at the Vermont Offices.

What I need to know now, is do i send the application for work authorization now, or do i wait til my case is decided?

I alaso need to know, how does USCIS expect us to survive when we are out of status with a ending I360? I cant work, i cant drive, and i need to survive, please anyone help me with advice, its been 1 year now out of work. I appreciate your help.

I also have a last question, can i apply for the green card lottery with a pending I360?

[indian guy 13]

I guess you are way off in your filing. First of al you should write a letter with the copy of your expired Prima facie for the renewal of prima facie. you should have done that 15 days prior to expiration date. ANyway you can do that now and wait for the result.

I hope you answer the request for additional evidence already..

I don't expect the confirmation letter from USCIS if I were you. It seems you didnot have I 485 pending adjucation in your file so you cannot expect the work permit to be approved. This is one of the must requirement for EAD eligiblity.

How they want you to survive?

Answer: once you met the prima facie eligiblity, USCIS letter makes you enable to get public benifits. I did renew driving license once with prima facie in NJ.

Although you have to wait for Decision because you didnot filed $85 concurrently, but there is no harm to file with waiver , sometimes they do accept 485 with copy of I360 and primafacie. Must filed with waiver. try filing. who knows

Edited October 12, 2010 by Pascal

[Rachelm 2]

Dear Pascal,

Thank you for your prompt reply. I did write a letter for an extension with a copy of the prima facie for renewal 15 days prior to its expiration. I had used the prima facie to renew my drivers license, but it has since expired as well as the prima facie benefits letter.

I did send the RFE 2 days prior to the expiration date, because i was waiting for a written statement from overseas, from a relative who witnessed the abuse before i even came to the states. However, even though it was 2 days til due date it happened to be on a friday when i sent the RFE express way so they would have it on their desk come monday morning. I checked online, they did get it and even stated that they received their request for additional evidence and that the case is now being proccesed at the vermont service centre.

a few days ago, i sent yet again, the I485 with a copy of the prima facie and a request for an extension, i had already sent all these requests way before they were due. I guess i have to wait. The website says, usually the prima facie takes 5 months before a decision is made. how accurate is this info? because i have seen many people post that they have had to wait years before their cases of prima facie get any decision.

As always your answers are truly appreciated.

Thanks

Rachel

Edited October 14, 2010 by Rachelm

[indian guy 13]

Dear Pascal,

Thank you for your prompt reply. I did write a letter for an extension with a copy of the prima facie for renewal 15 days prior to its expiration. I had used the prima facie to renew my drivers license, but it has since expired as well as the prima facie benefits letter.

I did send the RFE 2 days prior to the expiration date, because i was waiting for a written statement from overseas, from a relative who witnessed the abuse before i even came to the states. However, even though it was 2 days til due date it happened to be on a friday when i sent the RFE express way so they would have it on their desk come monday morning. I checked online, they did get it and even stated that they received their request for additional evidence and that the case is now being proccesed at the vermont service centre.

a few days ago, i sent yet again, the I485 with a copy of the prima facie and a request for an extension, i had already sent all these requests way before they were due. I guess i have to wait. The website says, usually the prima facie takes 5 months before a decision is made. how accurate is this info? because i have seen many people post that they have had to wait years before their cases of prima facie get any decision.

As always your answers are truly appreciated.

Thanks

Rachel

Check your PM.

[indian guy 13]

Dear Pascal,

Thank you for your prompt reply. I did write a letter for an extension with a copy of the prima facie for renewal 15 days prior to its expiration. I had used the prima facie to renew my drivers license, but it has since expired as well as the prima facie benefits letter.

I did send the RFE 2 days prior to the expiration date, because i was waiting for a written statement from overseas, from a relative who witnessed the abuse before i even came to the states. However, even though it was 2 days til due date it happened to be on a friday when i sent the RFE express way so they would have it on their desk come monday morning. I checked online, they did get it and even stated that they received their request for additional evidence and that the case is now being proccesed at the vermont service centre.

a few days ago, i sent yet again, the I485 with a copy of the prima facie and a request for an extension, i had already sent all these requests way before they were due. I guess i have to wait. The website says, usually the prima facie takes 5 months before a decision is made. how accurate is this info? because i have seen many people post that they have had to wait years before their cases of prima facie get any decision.

As always your answers are truly appreciated.

Thanks

Rachel

[xina 2]

I filed my vawa and Aos same time. Got my work permit with in a month. Talk to your attorney about it.

[Sandra G. 5,038]

Rachelm in Vawa cases you can just get an EAD if you have a pending I-485 otherwise you will be able to receive a work permit just after your I-360 approval.You said

"... few days ago, i sent yet again, the I485 with a copy of the prima facie and a request for an extension.." it seems you have a pending I-485 then you just need to file form I-765, it will take 3/4 months to receive an employment authorization document.

Edited August 12, 2012 by sandranj

[Anh map 2,098]

Rachelm in Vawa cases you can just get an EAD if you have a pending I-485 otherwise you will be able to receive a work permit just after your I-360 approval.You said

"... few days ago, i sent yet again, the I485 with a copy of the prima facie and a request for an extension.." it seems you have a pending I-485 then you just need to file form I-765, it will take 3/4 months to receive an employment authorization document.

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