Vawa part3

[Sandra G. 5,038]

lordhelpme in order to get EAD you need to have form I-485 PENDING or form I-360 approved!!!!

Who is in removal proceedings cannot get EAD with USCIS but can apply with the Immigration Court handling the removal proceedings. Most of the lawyers use to ask the Judge for EAD in the first hearing.

[Sandra G. 5,038]

37 shells my bad, I typed the wrong category, the correct answer is

C(14) if you your case Vawa is approved under deferred action

C(31) if you have an approved I-360 without deferred action

C(9)if you have a pending I-485

[Sandra G. 5,038]

bestnanny you cannot get EAD you if you filed form I-360 without form I-485 or have form I-485 pending.

In order to have your EAD approved you need to have a I-485 pending or send form I-485 along with form I-360. You can submit anytime,but keep in mind If you have just form I-360 filed and they deny your case they are not deporting right now, but if you filed I-485 and your I-360 is denied then they will start with removal proceedings to remove you from the USA. It's up to you.If you have a strong case and you are almost sure they will approve your case then discuss with your lawyer the possibility to file your I-485 ok

Edited November 13, 2012 by sandranj

[Ssisi10 0]

Sandra more or less after I 360 approved. How long it takes forUSCIS to schedule an interview? It s gonna be 4 month that I sent application for permanent resident? Please help .. Tell me your experience please

[loveme 4]

Sandra more or less after I 360 approved. How long it takes forUSCIS to schedule an interview? It s gonna be 4 month that I sent application for permanent resident? Please help .. Tell me your experience please

Sissi10 .. i just contacted my lawyer because i have been waiting 6months now. she say she gonna go up to the local office. i just hope it works out soon.

[lorphelpme 9]

lordhelpme in order to get EAD you need to have form I-485 PENDING or form I-360 approved!!!!

Who is in removal proceedings cannot get EAD with USCIS but can apply with the Immigration Court handling the removal proceedings. Most of the lawyers use to ask the Judge for EAD in the first hearing.

K sounds good can she ask her lawyer to request one with the courts even though her hearing is next yr

[lorphelpme 9]

Did anyone here who has been approved paid the fees for the i485.

[Sandra G. 5,038]

I noticed there are several people here in the VJ in removal proceedings. I receive many emails per week and the question is basically one, can i get EAD if I am in removal proceedings? then I am posting here some explanation for those in removal proceedings.

You can't get EAD without having a pending I-485 or submitting form I-360 along with form I-485, but those in removal proceedings CANNOT file form I-765 with USCIS because USCIS has no Jurisdiction to adjudicate form I-485 and I-765, then you have a few options:

1-Your lawyer can file a motion in your removal proceedings asking to the Judge administratively close your case and then USCIS CAN Adjudicate your I-360 and adjust your Status, if your vawa case is denied by USCIS they will re-calendar your case before the Judge, but if your I-360 got approved by USCIS your lawyer must forward the approval to the Judge and your case will be terminated.Once your case was administratively close USCIS has Jurisdiction to adjudicate your I-765 and I-485 as well. You can only file with USCIS once your removal proceeding has been terminated or administratively closed by the judge, otherwise USCIS won't have jurisdiction at all regarding your EAD.

2- As soon you get prima facie your lawyer can file a motion asking the Judge to have your removal proceeding terminated, some Immigration Court once you have prima facie they will terminate and close your case, but some Immigration Court might not agree until they received the approval of your vawa case.

Keep in mind that if the Judge agrees to administratively close your case it doesn't mean they are terminating your removal proceeding, but it will take your case off from the Court hearing calendar and the Court will forward it to Uscis and USCIS will have jurisdiction right to adjudicate your case, but you have the first option to ask the Judge to continue your case and then you Uscis will have time to adjudicate your I-360.You should discuss with your lawyer all possibilities.

You have a third option you can file form I-360 with USCIS or you can seek VAWA Cancellation of Removal before the immigration court if you are in removal proceedings,but to seek Vawa cancelation you must prove continuous physical presence in the United States without any interruption for 3 years prior to the adjudication of the application and you must prove extreme hardship if you are forced to leave the USA,usually they consider extreme hardship when you need to have access to U.S. court system for support child support and custody agreements, if you need medical services not available in your home Country,if your home Country will penalize you because you were victim of domestic violence,believe me there are several Countries with this stupid law,if you fear the abuser will follow you or if you will be discriminated in your home country by your family or friends because you were victim of domestic violence.

Edited November 14, 2012 by sandranj

[Sandra G. 5,038]

sissi10 you asked me How long does it take for USCIS to schedule an interview after I-360 approval? well it depends of your Uscis office, some local offices are experiencing a high volume of petitions to be adjudicated, some offices are taking 2 months and others 4,6 months but more than six months you should contact your congress person.

[avk 0]

It is c(14) IF you have an approved i-360 / are in 'deferred action' status

It is c(9) IF you have a pending i-360 and pending i-485

You cannot get an EAD with a pending i-360 UNLESS you also have a pending i-485. Hope that clears up the confusion!

Thank you for your response 37 shells. Confusion is an understatement of how I feel most of the time, I'm sure many of you guys feel the same way. I try to read as much as I can and educate myself during this intolerable wait but the more I find out the more I fear that I filed something wrong.

I also just got some unpleasant news, my package for I-485 and a work permit got rejected because my lawyer filed it on an outdated version of the form. I cant believe it, I don't sleep, I'm scared, I cry all the time, I count every second I wait for any kind of answer and he just doesn't know about an updated form??? I am so frustrated and helpless right now, why do we have to keep struggling trying to overcome all these obstacles over and over again like we haven't suffered enough already?! Sometimes I wonder, when I pray and beg every day, does God even hear me?....

[Hypnos 6,576]

I notice that on the new processing times posted on the USCIS site a few days ago they still state that VSC is working on I-360s filed on or before 4th June 2011. It seems they have been stuck on that date for over two months now...

[bestnanny 0]

Thank you for your response Sandranj! Avk stop worry and keeping praying its all going to work out well. Encourage yourself you will be smiling soon. Mistakes happen refile again. Keep your head up its I know itshard but when you overcome you will be here encouraging many! Goodnight!

[lorphelpme 9]

I notice that on the new processing times posted on the USCIS site a few days ago they still state that VSC is working on I-360s filed on or before 4th June 2011. It seems they have been stuck on that date for over two months now...

Not only two months...l..montttthhhssss. They are back and forth between April 4 and June 4,, they just rotate the dates I can go as Farr back as last yr with the rotation of dates...sad but true

Good luck when did u apply

[lorphelpme 9]

Thank you for your response 37 shells. Confusion is an understatement of how I feel most of the time, I'm sure many of you guys feel the same way. I try to read as much as I can and educate myself during this intolerable wait but the more I find out the more I fear that I filed something wrong.

I also just got some unpleasant news, my package for I-485 and a work permit got rejected because my lawyer filed it on an outdated version of the form. I cant believe it, I don't sleep, I'm scared, I cry all the time, I count every second I wait for any kind of answer and he just doesn't know about an updated form??? I am so frustrated and helpless right now, why do we have to keep struggling trying to overcome all these obstacles over and over again like we haven't suffered enough already?! Sometimes I wonder, when I pray and beg every day, does God even hear me?....

We all know how u feel. We still have those moments, refile everything will be good. God is there with you but we just have to remember its on his timing not ours I know it's easier said than done but be patient.

Good luck

[rolin123 0]

its been 6 weeks and still no receipt letter. I emailed them and still no response.

anyone know the VSC vawa phone number?

'idk what else i can do