VAWA Part 2

[Macbook 2]

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

What is about transferring priority date from I-130 to I-360? I don't understand for what is possible to do this?

Also, I send my paperwork on 04/25/2011 and got RFE on 05/31/2012, send respond on 09/06/2011 got Prima Facie on 09/12/11 and since then nothing (accept renewal of PF and EAD).

They are approving May and June of 2011 but for me nothing. Send letter 45 days ago asking what is going on but nothing. What should I do? Is this meaning that they gonna deny my I-360?

Thank you guys for all support and answers!

[Sandra G. 5,043]

yahghana do you have a lawyer? tell him to call USCIS and ask expedite your Vawa based in your removal proceedings, probably they will expedite soon,if the Vawa Unit deny to expedite he can contact the ICE and the ICE can ask the Vawa Unit to expedite.They are really good expediting Vawa for those in removal proceedings.Good luck.

[Sandra G. 5,043]

Macbook did you submit the form I-485? because USCIS won't approve an EAD without a form I-485 pending or a I-360 approved. Despite they are adjudicating cases from May and June 2011 they still have a bunch of cases pending from the beginning of 2011. They are a bit messy regarding that, just hang in there.

[Yagana 2]

yahghana do you have a lawyer? tell him to call USCIS and ask expedite your Vawa based in your removal proceedings, probably they will expedite soon,if the Vawa Unit deny to expedite he can contact the ICE and the ICE can ask the Vawa Unit to expedite.They are really good expediting Vawa for those in removal proceedings.Good luck.

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Thank you sandranj, he sent them a request in january but they never replied, i guess he has to call my deportation officer and she can make that request for me. I will keep you updated.

[Sandra G. 5,043]

yahghana did he request in January???? and he didn't follow up after so many months waiting? USCIS use to answer in 48 to 72 hours.Ask your lawyer to call again and ask to expedite the application on the basis of compelling humanitarian issues.

The immigration judge denied the motion to reopen, did your lawyer appeal with the Board of Immigration Appeals (BIA) again this stays deportation?

[PALMBEACH 1]

What is about transferring priority date from I-130 to I-360? I don't understand for what is possible to do this?

Also, I send my paperwork on 04/25/2011 and got RFE on 05/31/2012, send respond on 09/06/2011 got Prima Facie on 09/12/11 and since then nothing (accept renewal of PF and EAD).

They are approving May and June of 2011 but for me nothing. Send letter 45 days ago asking what is going on but nothing. What should I do? Is this meaning that they gonna deny my I-360?

Thank you guys for all support and answers!

well for what i understand from reading on uscis website, they say that if someone have an I-130 pending or approved that was filled by the spouse ,you can transfer the priority date from that form to the I-360 ,because my wife filled for me before and i was on the line to get a green card ,but she didnt do anything after my I-130 was approved, so they should have my application reviewd earlier as it was my I130.

i dont think they going to deny your case ,if you sent enought evidence of the abuse they wont deny it, if they deny it,you still can go to immigration judge and he will decide it. What happen with most of this cases with uscis is that if you dont have a lawyer that really cares and stay on top of it they will keep your application on the shelf and process those applications for people that have a good lawyer those kind that call them every week if needed till they get an answer. I choose the most expensive attorney in florida thinking that it would be the best as their advertising said ,but i choose wrong. My attorney dont care much, its just another case for him ,like any other unfortunately . I m considering hiring another attorney that can get this thing done and i can file for divorce and keep going with my life.

Edited August 3, 2012 by PALMBEACH

[Yagana 2]

yahghana did he request in January???? and he didn't follow up after so many months waiting? USCIS use to answer in 48 to 72 hours.Ask your lawyer to call again and ask to expedite the application on the basis of compelling humanitarian issues.

The immigration judge denied the motion to reopen, did your lawyer appeal with the Board of Immigration Appeals (BIA) again this stays deportation?

sandra, He sent the appeal to BIA but my deportation officer told him that it doesnt stay the deportation so i need to apply for a stay of deportation but i dont have the money yet. if you can send me a link where i can find the automatic stay from BIA with an appeal for Motion to reopen in absentia pending i will really appreciate that.

[PALMBEACH 1]

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

That's what i told him, they dont say anything about entering without inspection on the section that they mention about transfer priority date. I m thinking about removing my attorney from this case, and hiring an VAWA experienced attorney to my case. My I-130 was approved in feb 2009,so i should have my vawa reviewd ealier if i can get my priority date transfered. if i wait my case may take 5 years the way things arw going with vermont service center, they are super slow. And to complete after August 15th 2012 they will be receiving around 800 thousand new cases for the deffered action for young immigrats that Obama passed , with all those applications coming in at the same time, it will delay even more processing time at the centers. Even thought vawa is a diferent kind, it will afect us because all that mail coming in ,its more work and more mail getting lost and misplaced. god help us

[PALMBEACH 1]

What is about transferring priority date from I-130 to I-360? I don't understand for what is possible to do this?

Also, I send my paperwork on 04/25/2011 and got RFE on 05/31/2012, send respond on 09/06/2011 got Prima Facie on 09/12/11 and since then nothing (accept renewal of PF and EAD).

They are approving May and June of 2011 but for me nothing. Send letter 45 days ago asking what is going on but nothing. What should I do? Is this meaning that they gonna deny my I-360?

Thank you guys for all support and answers!

If i m not wrong i think the same applys to you about transfering your priority date from your I-130 that was approved in 2008 to your i-360 that is pending. Ready this info that i found at the uscis website .

Q. What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.

[lorphelpme 9]

Hi sandaranj can anyone that's in deportation apply for expedite on their vawa cases . The more info the better. Thanks

[Sandra G. 5,043]

LORHELPME most of the cases expedited by USCIS is from people who is in deportation proceedings. Your lawyer or you can ask to expedite,but if the hearing is for next year probably they won't expedite, but yahghana case probably USCIS will expedite once she must turn herself in two months.

[lorphelpme 9]

LORHELPME most of the cases expedited by USCIS is from people who is in deportation proceedings. Your lawyer or you can ask to expedite,but if the hearing is for next year probably they won't expedite, but yahghana case probably USCIS will expedite once she must turn herself in two months.

Sandbanj Thanks my friend is in deportation she filed I360 went to two court hearings on the first one she told the judge she was filing he gave her i think 5/6 months to come back, she went back when the time was up and showed the judge she didnt get an approval/ denial from vsv yet so he gave her another 5/6 months to come back in.but didn't get a master hearing date as yet is she qualified for expedite???

Thanks

Lordhelpme

[Sandra G. 5,043]

lordhelpme i don't believe that USCIS will expedite your friend's I-360 petition. As far I understood she had 2 master hearings but not an individual hearing yet. Sometimes people have 3,4 master hearings (each 5/6months apart)and when the Judge set a date for an Individual Calendar hearing it won't happen before 1 year, then your friend is not in danger to be removed soon because of that I don't believe USCIS will expedite her petition.

Edited August 4, 2012 by sandranj

[lorphelpme 9]

lordhelpme i don't believe that USCIS will expedite your friend's I-360 petition. As far I understood she had 2 master hearings but not an individual hearing yet. Sometimes people have 3,4 master hearings (each 5/6months apart)and when the Judge set a date for an Individual Calendar hearing it won't happen before 1 year, then your friend is not in danger to be removed soon because of that I don't believe USCIS will expedite her petition.

Thanks very much Sandbanj will explain it to her.

[Macbook 2]

Macbook did you submit the form I-485? because USCIS won't approve an EAD without a form I-485 pending or a I-360 approved. Despite they are adjudicating cases from May and June 2011 they still have a bunch of cases pending from the beginning of 2011. They are a bit messy regarding that, just hang in there.

Thanks for your answer! I have I-360 and I-485 pending. Also my EAD is approved. I hope they will work little faster!

If i m not wrong i think the same applys to you about transfering your priority date from your I-130 that was approved in 2008 to your i-360 that is pending. Ready this info that i found at the uscis website .

Q. What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.

OK thanks. It does not apply to me because I'm unfortunately married to USC so there is no priority date for it. Thanks