Vawa part3

[Sandra G. 5,038]

lion lion once your vawa was denied your EAD is not valid anymore. In order to have work permit you have to file form I-360,I-485 and I-765.As far i understood you suffered mental abuse, did you send it a psychological evaluation? did you prove you were doing therapy/counseling?were you diagnosed with depression,anxiety or PSTD due the abuse you suffered? If you failed to send it a psychological evaluation and proof that you were doing therapy then it's time to change your lawyer. To have Vawa approved based in mental abuse you need much more than affidavits from friends, you need a psychological evaluation stating your mental condition, stating how you changed your life after the abuse,showing to Uscis that you are not " functioning properly" due the abuse etc...

Many people had a bad relationship,no physical violence, the wife/husband was mean or always yelling etc and the individual files Vawa,I am not saying was your case, but in order to have a vawa approved based in mental abuse you need to prove you were a normal person before the abuse, but after being abused you changed,you were mentally harmed. You need to prove that you were subjected to intimidation,social isolation,possessiveness, degradation etc...Corroborating witness affidavit is good, but it's not enough,you need material proof, and in cases of mental abuse the psychological evaluation is extremely important, it will increase the chance to have an approved Vawa case .

You don't know yet the reason why Uscis denied your case, but it must be associated with the RFE you got from Uscis. What did they ask you in the RFE? to prove a bonafide marriage or to prove extremely cruelty?

Edited November 29, 2012 by sandranj

[Sahilkundra 0]

Don't give up . We are all with u n see everybody happy

[lion_lion 1]

lion lion once your vawa was denied your EAD is not valid anymore. In order to have work permit you have to file form I-360,I-485 and I-765.As far i understood you suffered mental abuse, did you send it a psychological evaluation? did you prove you were doing therapy/counseling?were you diagnosed with depression,anxiety or PSTD due the abuse you suffered? If you failed to send it a psychological evaluation and proof that you were doing therapy then it's time to change your lawyer. To have Vawa approved based in mental abuse you need much more than affidavits from friends, you need a psychological evaluation stating your mental condition, stating how you changed your life after the abuse,showing to Uscis that you are not " functioning properly" due the abuse etc...

Many people had a bad relationship,no physical violence, the wife/husband was mean or always yelling etc and the individual files Vawa,I am not saying was your case, but in order to have a vawa approved based in mental abuse you need to prove you were a normal person before the abuse, but after being abused you changed,you were mentally harmed. You need to prove that you were subjected to intimidation,social isolation,possessiveness, degradation etc...Corroborating witness affidavit is good, but it's not enough,you need material proof, and in cases of mental abuse the psychological evaluation is extremely important, it will increase the chance to have an approved Vawa case .

You don't know yet the reason why Uscis denied your case, but it must be associated with the RFE you got from Uscis. What did they ask you in the RFE? to prove a bonafide marriage or to prove extremely cruelty?

thank you for responding

sandraja i have no any psychological evaluation and don't send any ... my x wife have been mental problem she used Medication.i had lot of family court with her, she got dismiss all courts she fallow me in every state i was then went to court and complain me even after divorce ......

of course uscis have not these evidences......

About RFE they want first time fita marriage and second time extremely cruelty

[nardah1 3]

im shock ,today i receive email and said my case denial

On November 28, 2012, we mailed you a denial decision notice

any body have idia

Sorry to hear dear.....this is truly bad news, please don't give up

[lorphelpme 9]

thank you for responding

sandraja i have no any psychological evaluation and don't send any ... my x wife have been mental problem she used Medication.i had lot of family court with her, she got dismiss all courts she fallow me in every state i was then went to court and complain me even after divorce ......

of course uscis have not these evidences......

About RFE they want first time fita marriage and second time extremely cruelty

This just breaks my heart don't give up we are here for you.

[DOMI-NIQUE 1]

Sorry lion lion,

do you have an attorney in file, if so i would find one so they can review your application and give you advice,

be strong, continue praying dont give up, get a good option and have an expert assist you.

[DOMI-NIQUE 1]

Lion Lion,

what documents did you initially send? did you have any police reports/restraining order or such

did you have bills in both your names? evidence of bona fide marriage?

does anyone knows how APPEALS works, how long it takes and such?

[ishka86 1]

Good morning everyone , can I apply for work authorization I have pending I-360 , what is the price for this form an haw long takes to receive it ?

thank you

[Sandra G. 5,038]

lion _lion I am sorry for you denial, but I am not surprised at all. You have a lawyer and he didn't instruct you to submit it a psychological evaluation, he didn't advise you to do therapy.Vawa Unit won't approve mental abuse cases based in your affidavit or your friends affidavits. You need to have a strong letter from a therapist or psychological evaluation showing you were subjected to extreme cruelty. You need to have a diagnose such as depression, PTSD,anxiety ,you need to prove you were or are not function perfect due the abuse suffered etc...If you file form I-360 without submitting these proof they will deny again. Find a place where you can get some free psychological evaluation.I suggest at least go for 4 to 7 sessions of therapy and then submit again your Vawa.If you are not in removal proceedings then they won't deport you right now, you can wait 2 months and have all papers to submit to Uscis.Call 1-800-898-7180 . It's an automated service and you can find out if you have a pending removal or not. You said ICE contacted you in the past then use the number case from the past, not the Vawa case number and check if you are in removal proceedings or not.

[Sandra G. 5,038]

iska if you are not in removal proceedings you must file form I-485 in order to get EAD and submit form I-765 as well,if you have a pending I-485 you don't have to submit a new one, just form I-765. If you can't afford to pay Uscis file then file form I-912 and ask Uscis to waive the fees. Keep in mind that Vawa Unit is not deporting those had the Vawa case denied, but if you file form I-485 and your Vawa case is denied they will initiate your removal from Usa. Usually is taking 60 to 90 days to get EAD.

[Sandra G. 5,038]

Dominique if you have a Vawa denied you can appeal ,submit a motion or submit a new form I-360 again. To appeal you have to submit the petition to the officer who made the original decision.They will review to determine if you submitted strong evidences or argument then they can reopen or reconsider the decision. If the immigration officer determines you don't have grounds to reopen or reconsider then the officer will forward your case for review to the AAO or the BIA.Generally an appeal should be filed within 30 days from the date of the decision not the date of the date you received the decision.They take usually 6 months to decide the appeal. If you have a new or additional legal argument then you should file a motion to reconsider.

Edited November 29, 2012 by sandranj

[missymd 5]

Sandra nj l did not submit any psychological evaluation,should l be worried about that? Or is it too late to go for counselling right now?its been a year already for me..l remember my lawyer told me that its ok if l dont have it and he keeps on saying that l have a strong case but am still worried about the evaluation.what do yousuggest

[ishka86 1]

So that means more easily will be if I don't will fill out this I-485 with wrk auth ??

So that means more easily will be if I don't will fill out this I-485 with wrk auth ??

[Sandra G. 5,038]

Missymd i never heard any case approved of mental abuse without a psychological evaluation and therapy but i heard a lot of stories of vawa denied because the individuals couldn't prove mental abuse. .How can you prove to uscis abuse if you didnt send it any proof regarding the abuse? Just your affidavit is not enough and friends letters help a bit but not to the point to have case approved based in their letters.Friends can lie to protect us right?but a professional such as a psychologist or psiquiatrist won't do that then their evaluation tend to have weight when considering mental abuse. Your case was not adjudicated yet you still can go for therapy for 2months and get an evaluation.Tell the psychogist you feel that you need therapy to overcome the abuse.

[Yagana 2]

SO Sorry to hear the denial today... SANDRANJ,my friend has her interveiw next month but her husband is telling everybody that he will mess up so my friend doesnt leave him. It took him 3years after they got married for him to file. do you think she should go for the interveiw or applied for vawa?