VAWA Part 2

[Macbook 2]

Hi Sandra ,

Please can you help me please here is my story . I got married to a USC in 2010 he file for I 130 I got approved. Then didn't want to go on with the procedure as he was abusing me moral financially and physical. I file for vawa in feb 2012 got prima facae in march. Then my husband annulled the marriage stating I was still married in my country while married to him in 2010. I'm worry if this can affect my case . I have psycho lette , shelter, police , affidavit etc joint bills tax insurance picture and affidavit . Please can annulment affect m case ? If yes what are others possibility?

Is it true that you where married in your country and without divorce got married again to different person in USA?

[Sandra G. 5,043]

gabrielvawa the annulment doesn't affect Vawa, but if you were married in your home Country and got married with him here this is called "bigamy" and of course the USCIS will deny your case when you attend the Interview for Adjustment of status". Did you submit the divorce decree along with form I-360?

[Sandra G. 5,043]

fajrahatana if the lawyer doesn't know if she can file form I-360 along with form I-485 and I-765 it means the LAWYER IS A ####### LAWYER and doesn't understand anything about Vawa. Do not hire a such bad professional who has no idea about something so simple regarding filling concurrently I-485,and I-765.If USCIS adjudicate your form I-360 before your hearing than your lawyer must file a motion to terminate removal proceedings based on the approved I-360. But if you have your hearing before USCIS adjudicate your I-360 then your lawyer need to ask the judge to grant an "Administrative closure pending I-360 adjudication", and probably the Judge will order an administrative closure, it means the Judge will suspend your removal proceeding until adjudication form I-360 the petition by USCIS.

Here is a list of pro bono lawyers.

http://apps.americanbar.org/legalservices/probono/directory/washington.html

Edited July 19, 2012 by sandranj

[lorphelpme 9]

Hi sandranj: thanks for the infos.

I already talked to two lawyers and each of them gave a different opinions with regards to my case. The first lawyer told me that USCIS would not permit me to apply for VAWA because I have removal proceedings already, I will be 3 years here next January, so the lawyer said that I can apply for VAWA COR. I don't wanna wait that long because I have 2 kids with me and I really want to work. The 2nd lawyer told me that I can apply now for VAWA at USCIS, I don't have to wait for my hearing, she also said that I'm also qualified for VAWA COR once I met the 3 year residency requirement. She is not just sure if I can file concurrently the I-485,and I-765. I wanna hire this law firm but they are asking 8k dollars retainers fee. They are asking for big amount of money because I have removal proceedings, and they would charge me hourly. I live in WA state, near seattle area, if you could give me some good attorneys here.Thanks!

You definately can file i360 but I don't think u can file cocurrently i485 because as far as I know the Immigration judge have jurisdiction( I think they call it )over your case cause u are in removal proceedings they will just deny the I 485

[fajrakatana 1]

sandranJ:

that's the same thing that this lawyer had told me that while I-360 is pending she would just have to request for continuance or termination of my proceedings once it's approve before my court date. This lawyer specialization is VAWA, she just told me that she used to do concurrent filing,but most of her clients are not doing it concurrently so they can waive the fee once the I-360 is approve. But she just mentioned that to make sure she must check first if concurrent filing is still allowed. I've been working with a lawyer, and i just terminated my contract with him, because he is not doing anything with my case. So my plan is to hire this woman but the fee is very expensive. Anyway, I just want to make it clear, If i'm gonna file these concurrently, can I waive the fees for I-485,I-765, considering that I-360 is not approve yet? Because as I've read at the USCIS page you can only waive these applications once I-360 has been approve. Correct me if I'm wrong. I'm so glad I found this thread, it's just that my case is more complicated and hard. Can u please also give me about this psychological evaluation, the lawyer also told me that it is best for me to undergo this counselling for myself and it would also be an added evidence. I have no idea about this, so what is usually done here, does it take a lot of sessions? Is it the psychologist will determine If I suffer emotional abuse or not? I want this counselling too for myself if it would help me to heal all the pains I've experienced with my marriage so it would be easy to move on. I don't know who is the right person to ask,who could help me how can I have counselling. I contacted the YWCA on my area they don't have counselling but what they have is support group for victims of abuse. Do u have any idea how much this counselling costs,and for how long it would take,is it months? Thanks!

[lorphelpme 9]

Hi Sandraj

I want to renew my prima facie I do have a lawyer but he is gonna charge me to do it . Can I renew it on my own and if so do I put my address for return address cause all my vawa mail goes to my lawyer I just don't want uscis TO be confuse with my address and my lawyers because his address is the one on file and vawa doesnt communicate with you when u have a lawyer on file And can u tell me whats the address to mail it to.

Thanks

Lordhelpme

[fajrakatana 1]

You definately can file i360 but I don't think u can file cocurrently i485 because as far as I know the Immigration judge have jurisdiction( I think they call it )over your case cause u are in removal proceedings they will just deny the I 485

u might be right,the IJ has the jurisdiction, maybe that's why the lawyer I consulted had told me she want to make sure first if I can file it concurrently. If that would be the case, so I would be stuck in a house and would not be able to work. I don't know how I can support my kids, because my husband barely support my baby, and I'm not filing for divorce yet.. Thanks!

[fajrakatana 1]

Hi Sandraj

I want to renew my prima facie I do have a lawyer but he is gonna charge me to do it . Can I renew it on my own and if so do I put my address for return address cause all my vawa mail goes to my lawyer I just don't want uscis TO be confuse with my address and my lawyers because his address is the one on file and vawa doesnt communicate with you when u have a lawyer on file And can u tell me whats the address to mail it to.

Thanks

Lordhelpme

would you please also give me some infos about what public benefits I could get after prima facie has been sent? I have two kids, one is a my son from my previous marriage who is also out of status, and my baby is a USC, I'm just wondering If the 3 of us could be eligible for cash and food stamp. My 2 kids are on Medicaid already, I really don't want to do this and be a government burden,but since I can't work for the meantime I don't have any other choice.Thanks!

[Sandra G. 5,043]

fajkaratana i just dont understand how a lawyer specialized in vawa doesn't know if you can file I-360 along with with I-485 and I-765.It doesn't make sense at all.It's the most simple thing any lawyer should know about it.

You can ask to waive the USCIS fee for I-485 and I-765 you don't need to have an approved I-360.

Your kids can get cash assistance,food stamp and medicaid, you will be able to get for yourself food stamp and medicaid and just a few states will give YOU cash assistance based in prima facie determination.

[Sandra G. 5,043]

lorhelp me you can renew your prima facie , make sure you tell them to send the papers to your house, but keep in mind USCIS is a bit messy and probably they wont update your address in their system and they will send to your lawyer tho.

[SingleDad2usc 71]

FYI: for immigration purposes, you're not public charge if you have public assistance case for children only. I'm not sure what you're allowed to collect for yourself, before considered public charge: food stamps and medicaid? Maybe someone knows for sure

Then, as I understood one previous instruction - even if you're a public charge - starting a job will exonerate you. is this correct?

would you please also give me some infos about what public benefits I could get after prima facie has been sent? I have two kids, one is a my son from my previous marriage who is also out of status, and my baby is a USC, I'm just wondering If the 3 of us could be eligible for cash and food stamp. My 2 kids are on Medicaid already, I really don't want to do this and be a government burden,but since I can't work for the meantime I don't have any other choice.Thanks!

[Sandra G. 5,043]

Victims of domestic violence can receive public benefit such as food stamp,medicaid and cash assistance and it's not considered public charge

[SingleDad2usc 71]

there u have it! also, WIC program is very important, starting from doctor-certified pregnancy and all the way to 5y.olds . They don't ask status at all

Lastly, USC children even at very early age are eligible for SSI, and payee doesn't need status or even SSN. You may not think of your child as disabled, but learning delay qualifies. Child will be assessed by agency's doctor

[loveme 4]

it's been 2 months since i filed my i485 and no transfer yet ... Hopeful2011 how long did it take after your approval to get your first transfer. i am ready to get this over with !

[Godisalive 0]

Hi all,

Does anyone here know if I could expedite my EAD application? USCIS asked me to send them initial Evidence for the EAD and I did. Now I need it expedited because I got a job offer and they would need me to present those documents two weeks from now. Will going to my local uscis office help anything?? Please help if you can.