VAWA Part 2

[fajrakatana 1]

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

My first born son is disabled,he has Down Syndrome, but I'm not sure if he would qualify for SSI for he overstays his visa too.

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

Thank you!

[giveusfree 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.

Hi Godisalive,

I would say book an info pass and for to the local USCIS office. It will all depend on the officer you get and if he or she is understanding. Also try to use your local congressman`s office and explain. The problem is that with VAWA the expdites for EAD seem to take longer than normal due to the sensitive nature of the cases. I would say try all avenues and don`t stop calling until you have it approved. It took me 5 weeks with expedite.

[Sandra G. 5,026]

fajrakatana regarding psychological evaluation check with some non profit organization who helps victims of domestic violence, most of the organizations have counselors,psychologist. There are some tests to evaluate the individual mental condition,but I recommend at least 5/7 sessions of therapy and then ask the psychologist a report stating your mental condition and specifying if she diagnosed you with some problem such as depression, anxiety,if you need medication etc...Are you still living with your husband? are you considering to move to some shelter for victims of domestic violence?.Let me know your zip code and country and I will try to find some help for you.

You are in removing proceedings because you didn't go to the AOS interview right?.

If someone has an AOS interview set up and was victim of domestic violence the person can go to the interview alone and tell immigration about the abuse and they will give 30 days to file Vawa, or the individual can submit the Vawa before the interview, but must attend the AOS interview anyway, and prove that the Vawa was submitted.

[HerTrueStrength 0]

I woke up to a Magical Moment...texts and emails telling me my EAD has been approved!

I'm so grateful and relieved, and for those of you who signed up for updates from USCIS, you know the feeling when you get that first one, pure excitement!

I also noticed this morning that the VSC processing time table was updated, and still missing the VAWA category...hmmm. any word on that, anyone?

I know there's still a long way to go, and this is just the beginning of the journey, but I'm going to focus on all the opportunities the EAD offers, as opposed to worrying about my VAWA NOT being approved. Look at the glass half FULL, as opposed to half empty.

Faith & Patience...where we we all be without them, right?

(see my updated timeline below)

[Sandra G. 5,026]

giveusfree read about expedite EAD in this memorandum from USCIS.

► Could you please clarify what circumstances are sufficiently compelling to warrant expedited review of an I-360? Also, what is the best procedure for requesting expedited review?

The VSC noted that approximately one third of VAWA self-petitioners are in removal proceedings while their applications are pending; for this reason, being in proceedings is not typically a good enough reason for an expedite request. Expedited adjudication will be considered in compelling circumstances, including situations where the self-petitioner is in danger of imminent removal and – very rarely – where employment is a necessity. In such circumstances, VAWA unit staff check with district counsel to confirm the urgency of the situation. Expedite requests can be made in writing or through the VAWA hotline. You can also try having Gail or Sally help with the expedite

[fajrakatana 1]

fajrakatana regarding psychological evaluation check with some non profit organization who helps victims of domestic violence, most of the organizations have counselors,psychologist. There are some tests to evaluate the individual mental condition,but I recommend at least 5/7 sessions of therapy and then ask the psychologist a report stating your mental condition and specifying if she diagnosed you with some problem such as depression, anxiety,if you need medication etc...Are you still living with your husband? are you considering to move to some shelter for victims of domestic violence?.Let me know your zip code and country and I will try to find some help for you.

You are in removing proceedings because you didn't go to the AOS interview right?.

If someone has an AOS interview set up and was victim of domestic violence the person can go to the interview alone and tell immigration about the abuse and they will give 30 days to file Vawa, or the individual can submit the Vawa before the interview, but must attend the AOS interview anyway, and prove that the Vawa was submitted.

I'm no longer living with my husband, I have a protection order against him for one year. I never filed adjustment of status and I was put into removal proceedings because me and my husband having an argument he called the cops, stating that I physically hit him because of his ripped shirt, I ripped his shirt accidentally because I'm trying to free myself because he is holding my neck. It looks like that my husband had planned everything,because before this incident, I filed a police report because of the physical abuses he did to me from the past when I was pregnant, he hit me,and refused to bring me in the hospital,though I was bleeding, He even hid my phone so I can't call any sort of help. When he went to the police department I wanna go with him so I can make my own statement, I don't drive, I don't have any resources, I'm scared to report the abuses because of my status. And before my husband leave the house he even told me that I will be deported once the police come to arrest me, once I deported he could have a sole custody of our baby. He is always telling me that I'm illegal and I got no rights here,and the hospital will not treat me for I don't have any medical insurance. He has a ripped shirt,but it was me who got the bruises, but still the cops arrested me,for he was the one who called the cops first. I'm supposed to make my own report once I moved to a shelter, but before I was able to do that cops were there to arrest me. I sat at the jail for a day but I was never put into trial, they say that the charge against me has been dropped. But from the jail they transported me to immigration,luckily I was not detained there, I release on recognizance, but I have this removal proceedings. My life has been a nightmare, me being put to jail and charge of assault for it was me always the one assaulted by my husband a lot of times. I live with my parents, my husband is trying to reconcile me and willing to continue my paperwork. I still love my husband, but I don't wanna live with him anymore, he does not treat me good and I just feel that I'm just like an object. When he is mad he always tell me that he would not help me with my paper works, that he would even tell during the interview that I only marry him for papers.

I live on WA state,98311 is my zip code if u could help me with the resources for psychological evaluation. Thanks!

[lorphelpme 9]

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!

All 3 of you can definately get public assistance and once you apply for vawa you are not considered a burden that's the whole point of a prima facie. Go to your public assistance or welfare office bring your USC kid birth certificate, ss numbers for those who have one,your prima facie for you and your undocumented son which am assuming is on or also has a prima facie, your I'd and proof of address if not a bill on your name but a letter from who you live with. If they give you a portion of your rent depends on wat state you would have to bring your lease

Wat state are you in

Hope this helps

Lordhelpme

[lorphelpme 9]

My first born son is disabled,he has Down Syndrome, but I'm not sure if he would qualify for SSI for he overstays his visa too.

Thank you!

[/

I don't think he would qualify but u should try when he becomes a resident but since he gets Medicaid you can see if he gets services like therapy and a home attendant. Wat state are you in

[fajrakatana 1]

We live in Washington State. I'm not submitting my VAWA petition yet because we are still trying to come up with the amount that I need for attorney's fees. So if I already submitted my application they are going to send me two prima facie, one for me and for my son? The lawyer told me that I don't need a separate application for my son, he is my dependent, and he is just covered my application, I just wanna make things clear because all these things are too confusing for me. I'm just glad that people here, have some knowledge about this VAWA. Cash assistance is that TANF? Do u think if I would be granted with this TANF ,they will pursue child support from my baby daddy and they would let me comply with the requirement like job search etc. And how would I apply for these public benefits, do i have to go at local office of DSHS in my area.and just show prima facie? Tahnks!

All 3 of you can definately get public assistance and once you apply for vawa you are not considered a burden that's the whole point of a prima facie. Go to your public assistance or welfare office bring your USC kid birth certificate, ss numbers for those who have one,your prima facie for you and your undocumented son which am assuming is on or also has a prima facie, your I'd and proof of address if not a bill on your name but a letter from who you live with. If they give you a portion of your rent depends on wat state you would have to bring your lease

Wat state are you in

Hope this helps

Lordhelpme

I'm sorry, pretty u already answered my questions about where to go to apply for assistance.Thanks!

[lorphelpme 9]

We live in Washington State. I'm not submitting my VAWA petition yet because we are still trying to come up with the amount that I need for attorney's fees. So if I already submitted my application they are going to send me two prima facie, one for me and for my son? The lawyer told me that I don't need a separate application for my son, he is my dependent, and he is just covered my application, I just wanna make things clear because all these things are too confusing for me. I'm just glad that people here, have some knowledge about this VAWA. Cash assistance is that TANF? Do u think if I would be granted with this TANF ,they will pursue child support from my baby daddy and they would let me comply with the requirement like job search etc. And how would I apply for these public benefits, do i have to go at local office of DSHS in my area.and just show prima facie? Tahnks!

I'm sorry, pretty u already answered my questions about where to go to apply for assistance.Thanks!

K yes your son would be on your application I don't know if they put him on your prima facie or if they send one separate, I don't know how that would work if they would pursue your husband for child support being u file for vawa that's a great question,but that's wat they usually do seek your husband for child support maybe you should talk to your lawyer abt that and when you go file for welfare talk to you case worker abt it too.

[Sandra G. 5,026]

fajrakatana you should find a pro bono lawyer to represent you.I gave you a list yesterday of pro bono lawyers. There are several great pro bono lawyers out there. Are you sure you are in removal proceedings? 99% of the time when someone is arrested by Immigration and they are victims of domestic violence they let the person to file Vawa.We have here in the Visa Journey one case like that. She was arrested and accused of abuse,but her husband abused her, she was hel 4 days in immigration detention center, but they let her to file Vawa and they didn't put her in removal proceedings.

Check out this web page to find out about counselor

http://www.kitsaplegalservices.org/

Edited July 20, 2012 by sandranj

[gabrielvawa 2]

Hi Sandra thanks for your response . Actually it was an arrangement marriage and I left my country 7 yrs ago and the divorce was in process but was finalize after I got married here. And my husband knew about it . I wasn't aware it could be a problem. No I Didn t summit the annullement with my I 485 form since he started the annulment a month after I file for vawa. I file in feb 2012 and he annulled in April 2012.

[fajrakatana 1]

Hi Sandra thanks for your response . Actually it was an arrangement marriage and I left my country 7 yrs ago and the divorce was in process but was finalize after I got married here. And my husband knew about it . I wasn't aware it could be a problem. No I Didn t summit the annullement with my I 485 form since he started the annulment a month after I file for vawa. I file in feb 2012 and he annulled in April 2012.

This is only my opinion, I don't really know your case,but it seems that your marriage to your USC husband is null and void in the first place, because you married him before your divorce has been finalized. But you have an approved I-130, so probably it doesn't really matter, that your date of marriage has been earlier before your divorce has been finalized. I kinda like the same situation, I also file for divorce on my first husband, and that country where I came from does not recognized divorce, but since I'm here in US, I can legally remarry here, that's what I did, but I waited until it was finalized....

[lorphelpme 9]

Hi Sandra thanks for your response . Actually it was an arrangement marriage and I left my country 7 yrs ago and the divorce was in process but was finalize after I got married here. And my husband knew about it . I wasn't aware it could be a problem. No I Didn t summit the annullement with my I 485 form since he started the annulment a month after I file for vawa. I file in feb 2012 and he annulled in April 2012.

Wow not trying to judge but uscis will see this a,s bigamy when they look at the date u married from the date you divorce I hope everything works out for you because if they notice the dates then u might not have a chance of getting a green card.

Hope everything works out.

[Sandra G. 5,026]

gabrielvawa your marriage is null and void then USCIS won't be able to approve your AOS, if with your Vawa approved. Vermont proobably will approve the Vawa, because you don't have to submit divorce decree, but in your AOS interview the subject divorce will come out and you may have trouble.Good luck.