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Filed: Other Country: Brazil
Timeline
Posted (edited)

Bless me it seems your lawyer doesn't know anything about Immigration Law, first she filed the wrong category for your work permit category and now gave you wrong information about the priority date.Your lawyer is wrong AGAIN. You will be able to transfer the priority date from form I-130 to I-360, even if the petitioner withdrawn the I-130 the alien still can transfer the priority date.

Here is what USCIS states about priority date, and they are very clear about it. Tell your lawyer to study a bit more about Immigration. Send the link to your lawyer and ask her/him why you can't transfer your priority date if USCIS said the individual can transfer the priority date even when the spouse withdrawn the I-130.

"What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8badbcf527f93210VgnVCM100000b92ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

Edited by sandranj
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Bless me it seems your lawyer doesn't know anything about Immigration Law, first she filed the wrong category for your work permit category and now gave you wrong information about the priority date.Your lawyer is wrong AGAIN. You will be able to transfer the priority date from form I-130 to I-360, even if the petitioner withdrawn the I-130 the alien still can transfer the priority date.

Here is what USCIS states about priority date, and they are very clear about it. Tell your lawyer to study a bit more about Immigration. Send the link to your lawyer and ask her/him why you can't transfer your priority date if USCIS said the individual can transfer the priority date even when the spouse withdrawn the I-130.

"What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a green card.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8badbcf527f93210VgnVCM100000b92ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

thank you sandra, my lawyer really confuses me i feel like she doeant know what shes doing..i have to let her know about this... now the question is can we still transfer the priority date even my peition was already filed? so that i dont have to wait for such a long time.... my second question is how can we be able to transfer the priority date?

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

you are right sandraj when i read the link it clearly state that we can transfer the priority date i am worried about ny case now. I dont want to regret hiring my lawyer but i dont think she is doing a good job on my case......... ??

Edited by Bless_me
Filed: Other Country: Brazil
Timeline
Posted

Bless me when your Vawa is approved you can ask to USCIS that the old priority date be applied to your case,and you can ask this as part of your I-485.tell your lawyer if an I-130 visa petition was previously filed for the self-petitioner the beneficiary can retain that priority date even if the spouse withdrawn the I-130. Your lawyer must keep track of your priority to find out when it becomes current, because you have one year after your Priority date becomes current to apply for your green card. If you do not apply the government will assume you have abandoned it and they will give your number to the next person in line.When a visa number is not immediately available at the time of the adjudication then the file must be transfered to the National Benefits Center(NBC).

Filed: Other Country: Brazil
Timeline
Posted (edited)

One girl here sent me a pm but I deleted by mistake and I don't remember her name. You said USCIS scheduled your biometric in your Lawyer State.Call your Lawyer asap to make sure he put your address correctly in your form I-360, because you need to have the fingerprints done in your State.

Edited by sandranj
Filed: AOS (pnd) Country: Mexico
Timeline
Posted

I want to correct some information.

If you are applying to RENEW form I-765 under category © (9) the filing fee IS NOT required, but just for those who submitted the AOS after July 2007.

So just to make sure , if I applied in 2011 I wouldn't have to pay the 380 government fees to renew my EAD?

Filed: AOS (pnd) Country: Philippines
Timeline
Posted

positivity888 Vawa Unit is taking between 16 to 19 months to adjudicate a Vawa case, plus time to have I-485 adjudicate(3/6months).

Thanks Sandranj, Wow that long....oh boy. Is it safe to apply for advanced parole? I would really love to go home to see my son. But my lawyer advised me otherwise, He says immigration may not allow me to enter the US since I don't have anybody here and my family's back home. Is this true?

 
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