VAWA Part 2

[PALMBEACH 1]

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

Thanks Sandra , That's what i thought but he keep giving me the run around.

I got tired of trying to have him contact the VSC about transfering the priority date, He told me also not to contact the VSC because was not good for me because i have an attorney. Anyway I ignore his advice after I asked him so many times to contact them. What i did is I wrote a letter my self and send it to VSC along with copy of all my Notice from USCIS and also a copy of the Approval letter of my I-130 .

Now I m waiting to hear back if they reply.

Hopefully they will consider my letter and transfer my priority date. I can't wait to have this thing over with.

[SingleDad2usc 71]

http://iwp.legalmomentum.org/reference/additional-materials/immigration/vawa-self-petition-and-cancellation/government-memoranda-and-factsheets/DHS%20QandA%202005.DOC

That's the link for the above Sandranj's answer. Indeed, ASISTA even says: 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]

I am posting here some information from the Vawa Unit. Many lawyers are filing just one G28,but the Vawa Unit made very clear that lawyers must file a G-28 for EACH SEPARATE PETITION, even for concurrently filed applications for the same person. For example, if you file a 360, 485 and 765, each of the 3 needs a G-28. Make sure your lawyer submitted a G28 for each form he filed, if he/she says "oh just one G28 was enough" then tell him/her to read the "Vermont Service Center VAWA Unit Stakeholder Call May 9, 2012" .

[Sandra G. 5,038]

One more information about Vawa.I received several emails from people afraid that the US Citizen will find about about she/he filed the I-360. There is no way the Vawa Unit will inform ANYONE about the I-360 filing ok. There is a memorandum from USCIS (May 2010) stating

"Section 384 of IIRIRA also prohibits DHS employees from permitting the use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information that relates to an alien who is the beneficiary of a VAWA-based self petition".

Another question many people asked me "I had my I-360 approved can USCIS deny my I-485? Well If an officer adjudicating the I-485 receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition and he/she believes the VAWA self-petition should be revoked he can't deny right away the green card, but the officer must write a memorandum to his/her Supervisory Immigration Service Officer explaining why the VAWA self-petition should be reviewed for possible revocation, and then after the SISO (Supervisory Immigration Service Officer) signs he/she will forward to VSC and then the VSC will decide to reaffirm the I-360 or to revoke. It's not that common tho.

Edited August 1, 2012 by sandranj

[SingleDad2usc 71]

Sandranj, just tried to PM but your box is not accepting any more messages

[Godisalive 0]

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.

Thanks a lot SandraNJ for all your help

[lorphelpme 9]

Vsc is really backlog approvals here are on a stand still.ughhh come on vsc I can't take it anymore.

[Yagana 2]

One more information about Vawa.I received several emails from people afraid that the US Citizen will find about about she/he filed the I-360. There is no way the Vawa Unit will inform ANYONE about the I-360 filing ok. There is a memorandum from USCIS (May 2010) stating

"Section 384 of IIRIRA also prohibits DHS employees from permitting the use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information that relates to an alien who is the beneficiary of a VAWA-based self petition".

Another question many people asked me "I had my I-360 approved can USCIS deny my I-485? Well If an officer adjudicating the I-485 receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition and he/she believes the VAWA self-petition should be revoked he can't deny right away the green card, but the officer must write a memorandum to his/her Supervisory Immigration Service Officer explaining why the VAWA self-petition should be reviewed for possible revocation, and then after the SISO (Supervisory Immigration Service Officer) signs he/she will forward to VSC and then the VSC will decide to reaffirm the I-360 or to revoke. It's not that common tho.

sandranj, sorry to bother you but do you know of any approvals for vawa filled in july 2011? i just got my third prima facie and i have turn myself in to ice on october third 2012. do you have any advice for me.

[Macbook 2]

sandranj, sorry to bother you but do you know of any approvals for vawa filled in july 2011? i just got my third prima facie and i have turn myself in to ice on october third 2012. do you have any advice for me.

VSC is working on May 2011. It will be few months untill they get to July 2011

[Sandra G. 5,038]

yahghana I saw some cases approved from June 2011.I think until october you will have your decision tho. Why do you have to turn yourself in to ICE? .In case the USCIS started the individual removal proceedings, I don't see how in your case because you have a pending form I-360, the individual can apply for cancellation of removal an immigration judge, you will have one or two master calendar hearings and usually after 1 year an individual hearing

Edited August 3, 2012 by sandranj

[Yagana 2]

yahghana I saw some cases approved from June 2011.I think until october you will have your decision tho. Why do you have to turn yourself in to ICE? .In case the USCIS started the individual removal proceedings, I don't see how in your case because you have a pending form I-360, the individual can apply for cancellation of removal an immigration judge, you will have one or two master calendar hearings and usually after 1 year an individual hearing

sandranj, its a long story but i will try to make it short: before i moved to us in 2006 i was spending every summer here until i got married in 2007 and my husband filed for me. i got my working permit and my husband got me a job at his company. we weregoing very good until he came home one day and said he had quit his job so he can go finish up his degree and i tot it was a good idea at that time. to cut it short. he didnt go back to school, stayed home and spent all the money i earned and we were basically going broke. i picked up a second job, i was always tired and i didnt have time to clean the house, go on dates , too tired to have sex. so the screaming , the hurting, the hiting and choking started. meanwhile i havnt heard anything from uscis for two years. in 2009 they called for another interview we couldnt go because he had beaten me so bad the night before he said my face looked too bad to go for the interview, he went ahead end reschudled it. a month later they sent us a denial letter for abandonment

and went back to see a lawyer who said it was best to file another i-130 which we did. after that i-130 i couldnt take it anymore

so i left and went to hide in my friends house for a while. my friend gave me a job cleaning houses since my work permit had expired and i had to quit both jobs and my husband had all the money from our account. in 01/2011 ice came to my apartment that i had been ordered deported in absentia, i told them everything and they let me go and told me to turn myself in later.to conclude my motion to reopen was denied because the judge said the change of address was done by my husband so i got the notice and just didnt turn up for my hearing.

[PALMBEACH 1]

Hi guys

Anyone here renewed their Prima facial lately? and How long it took for them to reply? My attorney send a request in 2 months ago and still no response from Vermont Service center. I send a request in to transfer my priority date from my Approved I-130 to my pending I-360 and also it been 2 months and no response.

I spoke with my Attorney yesterday about Transfer priority date and he told me that I Don't Qualify because I come in Without Inspection and I m living in the USA for more that 10 years and never left. Anyone know if that is True? Why they approve my I-130 than?

I m confused now.

Edited August 3, 2012 by PALMBEACH

[Yagana 2]

Hi guys

Anyone here renewed their Prima facial lately? and How long it took for them to reply? My attorney send a request in 2 months ago and still no response from Vermont Service center. I send a request in to transfer my priority date from my Approved I-130 to my pending I-360 and also it been 2 months and no response.

I spoke with my Attorney yesterday about Transfer priority date and he told me that I Don't Qualify because I come in Without Inspection and I m living in the USA for more that 10 years and never left. Anyone know if that is True? Why they approve my I-130 than?

I m confused now.

Tell your lawyer to send an email to hotlinefollowupi360.vsc@uscis.dhs.gov thats what my lawyer did for my new prima facie.

[PALMBEACH 1]

Tell your lawyer to send an email to hotlinefollowupi360.vsc@uscis.dhs.gov thats what my lawyer did for my new prima facie.

Thanks yahghana

I will try that. The only thing is that my attorney is not really active with his client. I been trying to have contact the service center about transfer my priority date from I-130 to I-360 and nothing. So i did send them a letter my self, but I m afraid they just throw my letter out because i have an attorney on file and they dont reply to inquire when you have a attorney if i understand correct.

thanks again

[Sandra G. 5,038]

Palmbeach you entered without inspection and that doesn't count against you.