VAWA Part 2

[young Seattle 9]

Congratulations Gizq, wow, there must be lots of approved coming soon, everyone here got

their green cards. Macbook, Liveyourlife, lionlion, lorphelpme, vawa, lloydgc, also my friends

from Seattle, the last one is young, we are all vawa free next month. God will help us.

[lorphelpme 9]

Congratulations Gizq, wow, there must be lots of approved coming soon, everyone here got

their green cards. Macbook, Liveyourlife, lionlion, lorphelpme, vawa, lloydgc, also my friends

from Seattle, the last one is young, we are all vawa free next month. God will help us.

yes hopefully me and all the others waiting on approvals will get ours very soon

[Godisalive 0]

Godisalive if your I-485 was reopened it means you will attend interview based in the form I-485 that you submitted .Did USCIS reopen the I-485 for sure???? They wont reject because is regarding a Vawa case,all cases with USCIS you can ask to expedite.I am just not sure if your I-485 was reopened, if it was then you still can get EAD based in the form I-485.Now you have just to wait.Good luck.

Thank you. It was reopened last year May and now pending. It has been over one year since I turned in my I-693. Do I have to do it again? Is there any way around it? It cost me a little of $400 to do it in the state I'm in and I really wish I don't have to do it again. I'm thinking of writing a letter to USCIS stating that I'll be representing myself from now onward as my rep is unreliable. She's never ever there when I need her, she has never answered her phone and doesn't inform me of any letters I get from USCIS unless I go there. I feel as if I'm paying her for nothing so I want to continue the process of getting my GC alone. Do you think that's advisable or should I just let her finish? The only reason why I think of letting her finish is so that she can go to the interview with me but would I really need her?

[gizq 2]

yes hopefully me and all the others waiting on approvals will get ours very soon

Thanks everyone, hopefully they looking for may/2011. It was almost 15 months for me... God is good and give to me... I'm so happy, i can't explend, however i'm staring another waiting now, but that it's okay... God bless everyone!

[Sandra G. 5,038]

Godisalive you don't need a lawyer to go to the interview with you. It's a shame that your lawyer is so dismissive with her clients. I wouldn't trust in any lawyer that I can't count on it.

Edited July 31, 2012 by sandranj

[lloydgc 1]

lloydgc they won't arrest you, you submitted form I-360 then you are fine now,don't worry about it. Did you get the prima facie? You need to have some identification To show them when you get there,without any identification they won't allow you to enter.

I'll do that then,.. thanks.

[SingleDad2usc 71]

I read every sentence of I-360 and instructions and Q&A. I haven't read the Law itself or notations or memos. Could someone quote here a sentence that (aside from are/were married to LPR, were living with LPR, were abused by spouse who is LPR) specifically says that the "living together" and/or "abuse" had to have occurred when abusive spouse was ALREADY LPR? The language of the form and of the instructions seems to leave the POSSIBILITY that it's enough (?) to proof that you were married to abuser (and maybe still are), lived together in US at some time, were abused while living together - and only then abuser became LPR or even citizen, and you're self-petitioning now. If I'm wrong about the living/together timing, or about abuse timing - am I also wrong just the same if application the abuse was of your children?

[Sandra G. 5,038]

Singledad you will find your answer reading INA law (INA § 204(a)(1)(A)(iii), INA § 204 (a)(1)(B)(ii),INA § 204(a)(1)(A)(iv), INA § 204(a)(1)(B)(iii), INA § 204(a)(1)(D)(v), INA § 204(a)(1)(A)(vii), USCIS amendments,memorandums and statutes. Many amendments do not appear in the Code of Federal Regulations.

[SingleDad2usc 71]

OK, that's probably a few days of reading...So if abusive actor became LPR only after MOVING out of shared US address - then no self-petition is available, even if abuse of both spouse and children continued?

[SingleDad2usc 71]

In my case, abuse of both spouse and children evidenced 2002-2012, but the only proof of living TOGETHER are leases/mail/documents/pictures of 2001-2002-2003. Reviewer can see that abusive actor only became LPR in 2007, and USC later. Although separation is evident 2003-2012, mental abuse continued and we are still legally married.

So if abusive spouse became LPR only after MOVING out of shared US address - then no self-petition is available, even if severe mental abuse of both spouse and children continued?

[PALMBEACH 1]

Hi guys I m New here.

First of All , I applied for Vawa in December 2011, and received prima facial in January ,valid for 6 months. After that I received my work permit and got my social security. Other than that my Vawa still pending. My Question is I have an Approved I-130 that my wife applied for me , but after that she dont want to do anything else. I sent a letter to VSC asking them if it would be possible to transfer my priority date from I-130 and they didnt reply and it been 2 months already since i Mail it.

Anyone here applied in December 2011? and have any news to share?

Thanks

[PALMBEACH 1]

lloydgc my friend submitted vawa and she filed AR11 online changing her address , she called 1800 to confirm they said Vawa is confidential and they could not confirm if her address was updated or not , can you believe that?, she set up an appoutment with infopass and they said IT WASN'T UPDATED.Despite she sent AR form they didnt put in their system her new address,but they updated after the infopass appointment.I suggest you set up an appoitment with infopass.

Hi Sandra

thanks for posting so many good information here. It helps a lot, I been reading your posting for a while.

Do you know If i can Transfer priority date from my approved i-130 to my pending vawa?

My attorney keep avoid to contact VSC to ask about it. I feel like i spend thousands of Dollars with him for nothing.

Please help if possible.

Thanks

Edited August 1, 2012 by PALMBEACH

[Sandra G. 5,038]

singledad read this article, for some reason i couldn't copy and past just the link .

11th, 2005 ? Irvine, California

Panelists: George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office of Chief Counsel)

Moderators: Ana Vallejo and Sally Kinoshita, ASISTA

12. Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

13. Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

[Sandra G. 5,038]

Palm Beach you will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. Your lawyer doesn't know that? how come? you will have a shorter waiting time transferring the priority date of the form I-130 to the I-360.

Tell you lawyer to read this USCIS link, it states about transferring priority date

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8badbcf527f93210VgnVCM100000b92ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

Edited August 1, 2012 by sandranj

[SingleDad2usc 71]

fantastic Sandranj! Sounds like no problem at all!!

singledad read this article, for some reason i couldn't copy and past just the link .

11th, 2005 Irvine, California

Panelists: George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office of Chief Counsel)

Moderators: Ana Vallejo and Sally Kinoshita, ASISTA

12. Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

13. Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).