Jump to content

2,987 posts in this topic

Recommended Posts

Filed: Other Country: Brazil
Timeline
Posted

Youngseattle you are right I don't have any person in my family with addiction,but I am a lawyer and a counselor as well and I handle people with addiction in a daily basis and i can assure you people with addiction cannot stop their addiction without properly threatement.It doesn't matter how much you love her,her family love her, she needs to go to a rehab center.USA provide some places around the Country for addiction treatment without any costs. Addiction is a disease and just love and support can't help,they need intervention and a lot of work provide by psychologist,doctors,counselors and in some cases medication for a while. I met several people battling addiction for years and years but they got sober or free of drugs after some time in rehab.There is always the possibility to relapse tho but at least in a rehab center their chances increase.I am a Christian Missionary as well and I believe God can operate miracles and I saw several people out of drugs after finding God in their lives.

Filed: Other Country: Brazil
Timeline
Posted

Akumu just part of the information your lawyer provided is correct,regarding removal proceedings but the immigration law is clear without a form I-485 pending or filed along with form I-360 Uscis CANNOT approve work permit. You will have your work permit denied soon and if you paid I-765 fees and your lawyer fees to file I-765 ask her/him your money back.If a lawyer doesn't know the basics things then imagine what he/she will handle a vawa case.

Filed: Other Country: Brazil
Timeline
Posted

Missym prosecutorial discretion means that the DHL,ICE or USCIS can exercise discretion to not initiate removal proceedings,to close existing proceedings or delay removals.They are already using the prossecutorial discretion in Vawa cases .If the person have the vawa denied but no pending I-485 Vawa Unit is not deporting.It means they are exercising their authority not to initiate removal proceedings.

Filed: Timeline
Posted

Hey Sandraj, Thanx for the Information. I did talk to my Lawyer who is Handling my Vawa Case. He said every lawyers have there ways of Filing there Cases. He did Check both my Vawa and I-765 and Saw that both of them are in Decision review and not in Initial review. And that the Vawa case can be approved sooner then I-765 later. So am just waiting. I shall let you know how it goes.

Filed: Other Country: Brazil
Timeline
Posted (edited)

Akumu time will tell you, it's not about how lawyers handle the cases, it's about the Law!The law is the same one for all lawyers.

Y our vawa will be adjudicated in 16/18months, your EAD you will receive the answer soon.

Give to your lawyer the memorandum from USCIs stating that an individual gets EAD when have a Vawa approved (deferred action ).or a pending I-485

"SUBJECT: Eligibility for Employment Authorization upon Approval of a Violence Against

Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization

for Battered Spouses of Certain Nonimmigrants)- Draft PM 602.

"...Filing Requirements. All VAWA self-petitioners desiring an EAD must file

Form I-765, Application for Employment Authorization, with the Vermont Service

Center (VSC). Self-petitioners requesting an EAD under 8 Code of Federal

Regulations (8 CFR) 274a.12©(9) because of an already pending Form I-485,

Application to Register Permanent Residence or Adjust Status, may concurrently file

the Form I-765 along with the Form I-360, Petition for Amerasian, Widow(er), or

Special Immigrant (VAWA self-petition) with the VSC. Additionally, eligible selfpetitioners

(i.e. immediate relatives or self-petitioners with an immigrant visa

currently available) may request an EAD under 8 CFR 274a.12©(9) by concurrently

filing the Form I-765 along with the Form I-485 and Form I-360. However, selfpetitioners

requesting an EAD under 8 CFR 274a.12©(14) pursuant to deferred

action and self-petitioners requesting an EAD under 8 CFR 274a.12©(31) as

provided by section 204(a)(1)(K) of the Act should file their Form I-765 only after the

approval of the Form I-360. A self-petitioner is not eligible to file the Form I-765 prior

to the approval of the Form I-360 unless the self-petitioner has a pending Form I-

485".

Edited by sandranj
Filed: Other Country: Brazil
Timeline
Posted

Akumu time will tell you, it's not about how lawyers handle the cases, it's about the Law!The law is the same one for all lawyers.

Y our vawa will be adjudicated in 16/18months, your EAD you will receive the answer soon.

Give to your lawyer the memorandum from USCIs stating that an individual gets EAD when have a Vawa approved (deferred action ).or a pending I-485

"SUBJECT: Eligibility for Employment Authorization upon Approval of a Violence Against

Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization

for Battered Spouses of Certain Nonimmigrants)- Draft PM 602.Posted 12-12-2012

"...Filing Requirements. All VAWA self-petitioners desiring an EAD must file

Form I-765, Application for Employment Authorization, with the Vermont Service

Center (VSC). Self-petitioners requesting an EAD under 8 Code of Federal

Regulations (8 CFR) 274a.12©(9) because of an already pending Form I-485,

Application to Register Permanent Residence or Adjust Status, may concurrently file

the Form I-765 along with the Form I-360, Petition for Amerasian, Widow(er), or

Special Immigrant (VAWA self-petition) with the VSC. Additionally, eligible selfpetitioners

(i.e. immediate relatives or self-petitioners with an immigrant visa

currently available) may request an EAD under 8 CFR 274a.12©(9) by concurrently

filing the Form I-765 along with the Form I-485 and Form I-360. However, selfpetitioners

requesting an EAD under 8 CFR 274a.12©(14) pursuant to deferred

action and self-petitioners requesting an EAD under 8 CFR 274a.12©(31) as

provided by section 204(a)(1)(K) of the Act should file their Form I-765 only after the

approval of the Form I-360. A self-petitioner is not eligible to file the Form I-765 prior

to the approval of the Form I-360 unless the self-petitioner has a pending Form I-

485".

Filed: Other Country: Brazil
Timeline
Posted (edited)

fajrakatana your lawyer is making a mistake listing the US COnsulate in your home Country in the form I-360.Your case will be adjudicated in the USA, then she should put Vermont service Center-Country USA.

In the new form I-360 there is no space to list the beneficiaries then I use to add a blank sheet and write down the alien's name, date of birth,address and mention that the sheet is attached to form I-360,part 7, date and sign . In the form I-360, part 7 you should put your husband name ok, but use the blank sheet to list the beneficiaries.I mean I use to do like that, but I don't know how your lawyer use to handle her cases.

The form I-360 is used by widow(er), amerasian and religious workers as well and most of the times they live abroad, and then the lawyer must put the consulate where they will attend the interview, but in Vawa cases you should put where you will attend your interview for AOS, you won't attend in your home country but in the USA.

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

Akumu here is what the Immigration Law states about work permit for Vawa filers. It's very clear the law, an alien will get work permit in 3 circumstances,have a form I-485 pending,or approved deferred action status or approved vawa self petition. Which category did he put in your form I-765?. You don't have a pending I-485 then he could not have chosen option ( c )(9) and you don't have a Vawa approved either ( c )(14) or deferred status approved ( c (31).I am curious now.

Eligibility

To receive employment authorization pursuant to 8 C.F.R. § 274a.12, a VAWA self-petitioner meet one of the following grounds:

( c )(9) – pending application for adjustment of status (Form I-485)

( c )(14) - approved deferred action status

( c )(31) – approved VAWA self-petition (when no deferred action is granted)

Edited by sandranj
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...