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Filed: AOS (pnd) Country: Senegal
Timeline
Posted

Because i got denial can i apille it in front of immigration judge and have 20 witnesses come to testify including MD, PhD, Us Marshal, USCIS officer etc.? What are chances on apeal with i290B?

[hi macbook, sorry to hear about your case, l hope you will be able to appeal it, and you have to trust that God is in control of everything. if you don't mind me asking could you pm me the reason why you filed for vawa and how long have you been here. l will keep you in prayers.

Don't freak out. It's case by case! You will be fine trust me.

It's just me I have BAD luck VERY BAD luck! Can't wait for 6 feet under!

Filed: Other Timeline
Posted

OMG this denials freak me out. I m running out of options here, I tried everything to get an update on my case and nothing. tried 2 senators ,1 congressman,asked my attoenry multiple times for the last couple months to enquire on my case and he still haven't done it. so i decided to do it myself.I sent a request on my own. they replied saying that they can't gave me any information about the case because I have an attorney on file. I m about to remove my laywer from my case. SANDRANJ how can i remove my attorney from the my case. I think its better for me to deal with my self, anyway he is not doing anything for me.

HELP ME PLEASE. Its over 16 months already and this waiting is KILLING ME inside out.

Filed: AOS (pnd) Country: India
Timeline
Posted (edited)

Irara I did not got biometric appointment till today...

I am seeing lot of male applicant rejected for vawa ..my lawyer also said it is very easy to get vawa for abused woman compared to man. it is very hard to prove mental abuse for man... he said there is 20-30 % chance to get approved for man and around 80-90% chance for woman..I think,its fact...sandranj is it true??

I need to find out other option very soon...

Edited by indianguyyyy
Posted

OMG this denials freak me out. I m running out of options here, I tried everything to get an update on my case and nothing. tried 2 senators ,1 congressman,asked my attoenry multiple times for the last couple months to enquire on my case and he still haven't done it. so i decided to do it myself.I sent a request on my own. they replied saying that they can't gave me any information about the case because I have an attorney on file. I m about to remove my laywer from my case. SANDRANJ how can i remove my attorney from the my case. I think its better for me to deal with my self, anyway he is not doing anything for me.

HELP ME PLEASE. Its over 16 months already and this waiting is KILLING ME inside out.

I know how you are feeling right now. I have waited 17 months and 6 days. I have neved had a RFE and my case didnt have any updates since the day i sent my package. All I was expecting was at least a RFE and I got an approval. you are in the average time frame of processing time applications...soon you will have an answer

Filed: Other Timeline
Posted

I know how you are feeling right now. I have waited 17 months and 6 days. I have neved had a RFE and my case didnt have any updates since the day i sent my package. All I was expecting was at least a RFE and I got an approval. you are in the average time frame of processing time applications...soon you will have an answer

I HOPE PEANUTBUTTER BECAUSE I M SO TIRED OF THIS PROCESS THAT IS DRAINING ME.

Filed: Other Country: Brazil
Timeline
Posted (edited)

indianguyyy yes your lawyer is right.But If you suffered mental abuse and your psychologist gave you a damn good evaluation and diagnose you with post traumatic disorder or major depression and you are taking medications and submitted a letter from your doctor as well and had great affidavits yes your chances are good to prove mental abuse.

Edited by sandranj
Filed: Other Country: Brazil
Timeline
Posted (edited)

Macbook answering your question : because i got denial can i appeal it in front of immigration judge and have 20 witnesses come to testify including MD, PhD, Us Marshal, USCIS officer etc.? What are chances on apeal with i290?

No you can't appeal your case in Court yet, you have 33 days to file a notice of appeal and submit to Vermont with respective fees and then Vermont will send to AAO (administrative appeals office) in Washington , usually it takes 6months to 1 year in order to reach a decision in the case.The AAO decides approximately 20.000 per year and 99% of the appeals are denied every year.They can dismiss(deny),sustain the appeal(approve)

If you are put in removal proceedings then yes you will be able to see a Immigration Judge and file for "Vawa cancelation of removal",but you must prove that you lived continuously in the USA for 3 years,prove extreme cruelty and prove extreme hardship.To prove extreme hardship is not easy at all.You need to prove the treatment you are having in the Usa will be unavailable or reasonable in your home Country,or that your removal will interrupt the progress you have made to overcome the effects of the abuse, or if you home Country has social practices, customs that would penalize or exclude you or exclude the alien's child for leaving the abusive situation, or the possibility of the abuser to travel to your home Country, and the lack of your Home Country authorities to protect you the abuser,or the possibility of of the the abuser's family and friends in your home Country physically or psychologically harm you.I told you it's hard to prove hardship and if you unable to prove that the Judge cannot approve your case.

In Vawa cancelation of removal you can submit disposition and subpoena.You have the right to present evidences and cross examine adverse witnesses.The Immigration Judge may issue subpoenas for the attendance of witness if you prove you were unable to get the proof by yourself, you have to prove you made all effort to obtain the evidences before seeking a subpoena. The IJ can include subpoena the DHS to show in Court documents in their possession,specially if they denied the case based in fraud.It's rare the use of subpoena in Immigration Court.

Edited by sandranj
Filed: Other Country: Brazil
Timeline
Posted (edited)

Czrr way to go man...Congrats.But you should explain here that you were able to prove good moral character because your DUI was related with the abuse suffered,otherwise people with think oh i have a criminal record too then i can get prima facie....no way,no how, and the affidavits from your friends helped a lot, after I made several corrections LOL and your good working volunteering.

Edited by sandranj
 
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