Vawa part3

[Godhelpusall 2]

filed for vawa july'12. my husband abused me and our kids. he was arrested and l filed for a restraining order against him. l wasn't aware of the vawa till this happened and was introduced to a domestic abuse lawyer, who took my case. my lawyer thought i should only file for i-360, and he said if l file for EAD i might get denied and will be put in deportation proceedings. my husband never filed for my paperwork, he used to always give excuses. he was the sole bread winner and now am living with family and no money for the past 8mths. my lawyer insists l need to just wait till Vermont answers me. my lawyer said becuz l couldn't not prove my husband is a USC, l couldn't file for EAD. PLEASE GIVE UR ADVISE.....

I Have been given 2 prime facie so far.

[indianguyyyy 0]

Did you apply concorrentry ? I did and My lawyer recieved all three receipts on the same day. And my Prima facie issued 10days later the receipts were issued.

I just called lawyer and he said he received all notices. I still not get Prima facie for I-360.

Just I seen that my I-765 approved today and they will send EAD card .

sandaranj is this normal to get EAD before prima facie ??

[Kittykitty1234 2]

I saw few ppl got thier prima facies took longer processing time than mine

[Sandra G. 5,051]

Godhelpusall I believe that you misunderstood your lawyer,or he does not know anything about immigration Law.First of all you said".. he said if l file for EAD i might get denied and will be put in deportation proceeding". It's not true at all! You may be deportated if in the future you have your Adjustment of Status denied (form I-485) and you didn't file AOS yet.

In order to obtain EAD you MUST file form I-485. Most of the lawyers inform to their clients if they want to get EAD they must file form I-485 but if I-485 is denied the alien will be removed from the Country, but they let their clients know they have the option to file I-485. Your lawyer should ask USCIS to find out if your husband is an American Citizen,once they find out about his status they may approve your I-765, but as I said in order to get EAD you must file I-485 along with form I-765.

If you know what state your husband was born in, then you can get copy of his birth certificate.Go to the website for the Office of Vital Records and try to find about his birth certificate.

Edited April 9, 2013 by sandranj

[Sandra G. 5,051]

indianguyyy it's not normal to get EAD before prima facie, usually they issue prima facie between 25/30days and the EAD 40/60 days, but lately I saw some cases they sent the RFE in 15/20days.

Edited April 9, 2013 by sandranj

[citragirl 25]

So there's still another process after VAWA gets approved??? AOS and will I still be at risk ???

[Akumu 0]

Hey Sandraj,so in that CASE that you just Said about Filing both i-360 and i-485 together, what will happen if one is called for the interview and i-360 is Still pending. Will i-485 be Denied and then somebody will be in Deportation oder or What happens next?

[Sandra G. 5,051]

Akumu Uscis will just set up AOS interview after the I-360 approval, they can't set up with Vawa pending ok.

[Hypnos 6,576]

So there's still another process after VAWA gets approved??? AOS and will I still be at risk ???

An approved VAWA I-360 in itself does not give you any legal status or a green card or anything else. You must then submit an I-485 (or file concurrently with the I-360 in the first place) to actually receive a green card based on your approved VAWA self-petition.

Filing an I-485 does put you in a period of authorised stay (unlike the I-360, which doesn't) that persists until the I-485 is finally adjudicated.

Edited April 9, 2013 by Hypnos

[Sandra G. 5,051]

citragirl after Vawa approval you must attend the AOS interview and they have authority to send back the case to Vawa Unit to review the case again if in the course of the interview the adjudicator feels there is some red flag regarding good faith marriage, etc or if they obtain some new evidence that was not previously available, and sometimes revocation does happen and we had here some people from VJ last year and 2 years ago they had their case revoked after the interview.

Edited April 9, 2013 by sandranj

[Sandra G. 5,051]

godhelpsall let me clarify something. I was typing and I missed to complete my sentence.The correct sentence is:

In order to obtain EAD you MUST file I-765 concurrently with form I-485.

[indianguyyyy 0]

indianguyyy it's not normal to get EAD before prima facie, usually they issue prima facie between 25/30days and the EAD 40/60 days, but lately I saw some cases they sent the RFE in 15/20days.

Thank you so much sandranj . I will reconfirm with my lawyer that he will receive prima facie next week or not because I-765 EAD just approved yesterday.

[optimisticchic 7]

nobody know about the alien verification system(SAVE) and how long it take?

[Faithkeeper 25]

Thank you so much sandranj . I will reconfirm with my lawyer that he will receive prima facie next week or not because I-765 EAD just approved yesterday.

So let me ask Sandra does the severity of your case determine how quickly you get your I-360 approved? Is the Prima Facie approval mean your I-360 is approved?

[Hypnos 6,576]

No and no.

VAWA cases are processed in the order in which they are received, the same as almost every other case type that USCIS handles.

Edited April 10, 2013 by Hypnos