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Filed: Timeline
Posted

Hi all, cannot seem to find a simple answer so I thought I would get some help from everyone. I am trying to help a friend who is going through a divorce and a criminal case. She filed under VAWA.

She married a USC and filed i-130, i-485 and i-765 (EAD). After a few months her spouse started abusing her physically and mentally, she ended up at a hospital. The police at the hospital got involved and the spouse was arrested.

Her spouse after getting out of the jail withdrew i-130 after EAD was received but while i-485 was pending.

Her attorney is trying to reopen i-485 so she can keep her EAD.

Can she keep her EAD by reopening i-485? if the request to reopen is not granted, can she apply ASAP?

Or is this EAD good until it expires?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

VAWA, her attorney should be on top of this. It depends on what USCIS sends her and what the attorney files. He is on the hook.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Filed: K-1 Visa Country: Wales
Timeline
Posted

Tell her to ask her Lawyer, he will have all the details.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

Hi all, cannot seem to find a simple answer so I thought I would get some help from everyone. I am trying to help a friend who is going through a divorce and a criminal case. She filed under VAWA.

She married a USC and filed i-130, i-485 and i-765 (EAD). After a few months her spouse started abusing her physically and mentally, she ended up at a hospital. The police at the hospital got involved and the spouse was arrested.

Her spouse after getting out of the jail withdrew i-130 after EAD was received but while i-485 was pending.

Her attorney is trying to reopen i-485 so she can keep her EAD.

Can she keep her EAD by reopening i-485? if the request to reopen is not granted, can she apply ASAP?

Or is this EAD good until it expires?

She has to apply again for I-485 based on pending I-360 (VAWA). Then she can get EAD. She should apple for I-360, I-485 and I-765 together!

Good luck!

I am not attorney and this is not legal advice. This is just my personal opinion. It's always good to talk VAWA specialist!

Edited by Macbook

I'm not attorney and this is not legal advice, this is just my personal opinion!

USCIS:

03/26/2008 Approved I-130
04/21/2011 Send I-360, I-765 and I-485 to Vermont Service Center
05/26/2011 Approved EAD
05/31/2011 Request for evidence for I-360
06/24/2011 Biometrics I-485
09/06/2011 Send responds for RFE of I-360
09/12/2011 Prima Facie approval for I-360
01/09/2012 Send E-mails to VSC asking what is going on with my case. (E-mail send to vsc.ncscfollowup@dhs.gov and to SCOPSSCATA@dhs.gov)
01/17/2012 Got responds from VSC email saying that they can't talk about my case over phone or e-mail.
02/26/2012 Approved extension of EAD
02/28/2012 Renewed Prima Facie (second one)
06/28/2012 Send letter to VSC to see what is going on with my case
08/28/2012 Renewed Prima Facie (third one)
09/18/2012 RFE
10/10/2012 Renewed Prima Facie (Fourth one)
10/31/2012 VSC received RFE respond
02/04/2013 Renewed Prima Facie (Sixte one)
04/17/2013 I-360 and I-485 got DENAID!

05/15/2013 Filed I-290B Notice of Appeal from denial of VAWA I-360 - APPEAL WAS DENIED

12/15/2014 Filed for second time I-360, I-485, I-765 and I-131

12/30/2014 RFE for Good Moral Character received

01/08/2015 FBI clairance and respond to RFE sent to VSC

02/12/2015 RFE I-131 asking if I was or I'm in removal proceedings

03/03/2015 Respond for I-131 RFE sent to VSC

04/02/2015 RFE for Bona Fide Marriage, proof of shared residents and request for more evidence regarding Abuse received

04/20/2015 I-765 and I-131 APPROVED.

06/25/2015 Respond to I-360 RFE sent to VSC

07/14/2015 I-360 application APPROVED!!!

ICE

04/29/2011 Went for appointment with ICE officer and got processed
06/01/2011 Turn my passport in and started to report to BI twice a month in BI office, ones a month via phone and once a month they come to my home
01/05/2012 Still don't have court date!
02/02/2012 Terminated removal proceedings.

 
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