Vawa part3

[Sandra G. 5,043]

Ssisi10 do not send the I-693 until you get an RFE.It will never meet your packet if you decide to send right now.

[Sandra G. 5,043]

avk God is always out there listening. Sometimes in our life we walk in darkness, but he is the light walking you right now through this difficult time.Approach God with a humble and grateful heart, start giving Glory for all your blessings, you were blessed waking up today, you are healthy you are being blessed today, you have a place to sleep you are being blessed today, but he has much more than that for you, just wait in God. The main reason for which God blesses us is so we may be a blessing to others.We do not know what the future holds for us, but I believe in a God who holds our future. I am resting in the hands of a God who gave His life for you, for me! I am convinced that he started a project in our lives and he will finish it!.

I am concern regarding your lawyer.If he screw up sending the wrong form can you imagine what he is capable of doing in your case?

[avk 0]

Wow, you guys are amazing! Thank you so much for all your kind words and advice. I try to be humble and grateful to God every day, I think I'm just feeling too lost right now, some really dark days for me... I'm so happy I found VJ, this thread and all the members are my only friends, it's nice to know that I have somebody to share my feelings

As for my lawyer, I'm getting really worried. I was referred to him by a family justice center, I thought that meant it's somebody who's experienced enough to help me

[fajrakatana 1]

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.

[fajrakatana 1]

Thanksfor giving this information about applying for EAD while in removal proceedings. I have a lawyer working with my case, but it seems it takes forever before they would turn in my paperworks at USCIS. I'm really frustrated already. When I first signed in the contract with this law firm they said I could not apply for EAD because I'm in Removal Proceedings, I could only get EAD if I already file the VAWA COR at the Immigration Court, pending E2B I think, i'm not sure if I remember the correct term, I would be qualified for work permit. I'm just wondering when I could apply for VAWA COR? Could my lawyer submit my application before my first master calendar hearing, or on the day of my calendar hearing? I can't ask a lot of questions from my lawyer because I was being charge hourly, so I really limit my communications with them, I always communicate with the paralegal because she charges much cheaper, but she works in supervision of my lawyer. Then later on, the paralegal informed me that according to my lawyer I could already apply concurrently I-485, and I-765 with my I-360, she said that my lawyer had verified it, but I have to pay for the filing fee. I just forgot to tell them about fees waiver, because if I would be qualified for it, I would want it, because I don't really have any income, the lawyer's fees I owed that from my parents. If u still remember I asked u before about my case, with regards this EAD and I-485 if I could file it at the USCIS though I have removal proceedings. You also said YES, you mentioned about the memorandum that came from the USCIS, allowing filing though in Removal Proceedings...It's really confusing to me. So what if I file for adjustment of status and I pay for the fee, and they rejected it, can I get the fees back? I know I'm also qualified for VAWA COR, but this is more complex and time consuming,and more costly for me, and my first master calendar hearing would be 7months from now. I really want to work soon...Thank you...

[rolin123 0]

Myjay,

I read your post in Vawa part 2 about going to college/university with resident rate and u got FAFSA.

My question is, do you apply I-485 concurrently with I-360?

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

[loveme 4]

OK SO I WENT TO A SCHOOL TODAY TO SEE IF I QUALIFY FOR FINANCIAL AID. ... WELL YES !! WE DO !!... AT LEAST FOR THOSE WHO STILL HAVE A CURRENT PREMA FACIE. THOSE WHO HAVE ALREADY GOTTEN APPROVALS AND THIER PRIMA FACIE HAS EXPIRED WILL JUST HAVE TO WAIT FOR THEIR GC TO GET FINANCIAL AID BECAUSE I DON'T THINK WE CAN APPLY FOR A RENEWAL OF PREIMA FACIE AFTER 1360 IS APPROVED.

I ADVICE ANYONE WHO HAVE A CURRENT PRIMA FACIE AND WANTS TO GO TO SCHOOL TO START NOW BECAUSE FINANCIAL AID IS AVAILABLE.

[loveme 4]

I WISH THOSE WHO HAVE ALREADY GOTTEN THEIR APPROVALS/ GC WOULD STICK AROUND TO ENCOURAGE SOME OF US STILL WAITING ... BUT I GUESS THEY ALREADY GOT WHAT THEY HAVE BEEN WAITING FOR.. SO ITS BYE BYE THERE AFTER.

[Ssisi10 0]

Good idea loveme .. Stick around those who had approved that way we can help each other .. Good idea ..

[ishka86 1]

How long does it take for an I-360 Petition to get approved?

I filed 04/09/2012 and still "Request for Evidence Response Review"

I m just wondering about finger print..... i didn't get yet ... i mean something , Who knows what is the next step?

Thank you

How long does it take for an I-360 Petition to get approved?

I filed 04/09/2012 and still "Request for Evidence Response Review"

I m just wondering about finger print..... i didn't get yet ... i mean something , Who knows what is the next step?

Thank you

[Sandra G. 5,043]

Ishka86 Vawa unit is taking between 14 to 18 months to adjudicate form I-360. They are adjudicating cases from .April 2011 to June 2011 right now.

[ishka86 1]

How then some

People getting approve in 6-9 month , is depend of case ?

[Sandra G. 5,043]

In the past the vawa cases were approved in 6 to 9 months, but not anymore!!!!I handle hundred of Vawa cases per year.I didn't see any case adjudicated in less than 14 months since 2010. Some cases are expedite by request and adjudicate in 3/4months, but it's difficult to have a Vawa case expedite, the individual must proof compelling humanitarian issues.

Edited November 15, 2012 by sandranj

[optimisticchic 7]

Hi Sandra,does it really take 3-4days to get my approval(HARDCOPY)? My lawyer doesnt even know that I have been approved. I contacted her today to request for a prima facie and she said she will contact USCIS? when do you anticipate my lawyer will receive the hardcopy? I need actual proof gosh.

[Sandra G. 5,043]

fajrakatanait's you will be able to file for EAD only in your master hearing where your attorney will submit the Vawa COR , and the hearing will probably be continued Are you sure you want to file Vawa COR? why did you decide that? Did your lawyer explain your options?Cancelation of removal you must proof extreme hardship and the rates of approval are low.

In your Master hearing he will receive your Vawa Cor and the Judge will set the Individual hearing in 6 to 8 months to adjudicate your case. Your lawyer has other options such ask to close administratively your case and then the Immigration Judge will wait for the Vawa decision that you submitted to Vawa Unit, once approved your Vawa your lawyer will ask to terminate your removal proceedings. If you have a strong case and can prove extreme hardship if you are forced to leave Usa then Vawa Cor is a good option, but if you can't prove hardship then waiting the vawa Unit decision is the best option, anyway you have to discuss with lawyer about it.

If you decide to file Vawa Cor and is denied you will be deported right away. If you decide to wait for Vawa unit to adjudicate your case you don't have to prove extreme hardship, it's damn hard to prove tho.If vawa Unit denies your form I-360 denies your case then your lawyer can ask the judge to adjudicate your case, but according to you your lawyer will file straight Vawa Cor with the Court in your Master hearing. He can file for EAD in the master hearing, you won't have any problem obtaining EAD.

Regard your questions about EAD.There is a memorandum from Uscis stating about EAD in removal proceedings cases, and I saw the stakeholder conference from Vawa Unit and they said the individual could get EAD when in removal proceedings, but every time someone send it form I-765 when in removal proceedings they send back the application saying"they do not have jurisdiction to adjudicate form I-765 when in removal proceedings", weird huh?

When an alien is in proceedings the AOS has to be filed first and submit to the Court before the alien could become eligible for employment.If you have an approved I-130 you can file I-485 with the service center,but you must ask the Judge to stamp the copy of your I-485, once you prove to the service center that the Executive Office of Immigration review(EOIR)stamped your I-485 they will issue you the EAD.

Immigration Law is very complex, you have to discuss with your lawyer the best option for your case.You can have more informations about Vawa Cor reading this article here ok.

http://iwp.legalmomentum.org/immigration/vawa-self-petition-and-cancellation/articles/9-VAWA-Cancellation-MANUAL-ES.pdf

Edited November 15, 2012 by sandranj