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Filed: AOS (pnd) Country: Philippines
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petition was previously filed for the self-petitioner the beneficiary can retain that priority date even if the spouse withdrawn the I-130.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).

ok thank you Sandraj!! ???

Filed: AOS (pnd) Country: France
Timeline
Posted

Posivity888 do not travel abroad because they wont allow you to reenter, not even with vawa approved.You can travel just after receiving your green card.

not even with a joint i485 pending?

there is a section on the application that is "regarding vawa applicants" filers.

would they parole you if you had both filed (and pending) jointly?

Filed: Other Country: Brazil
Timeline
Posted (edited)

Somone they issue advance parole for everyone who has a pending I-485. They don't check if you need a waiver to overcome the ban for unlawful presence, but when you leave you have a ban for the time you were here unlawful.

Advance Parole is used for people who maintained the status in the USA for the entire time they were here.If you maintained your status in the USA the entire time then you can travel with AP, but if you stayed here without status for a while then you won't reenter anymore if you leave .Keep in mind even those that maintained the the entire time their status when they arrive the officers at the POE have authority to decide if they will allow the individual to enter or not.

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

Akumu do not travel abroad with pending I-485 if you didn't maintained your status the entire time you are in the USA.Read page 5

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/VAWA%20Frequently%20Asked%20Questions%202010%2011.pdf

Edited by sandranj
Filed: Other Country: Nigeria
Timeline
Posted

How's everyone doing?

My interview is almost here;in a few days on Monday and i can't wait for it to be over with.

Loveme,Ssisi any luck on your interview dates yet?Optimistic chic,do you have ur EAD yet and how's everything going for you lorphelpme?

Goodluck to everyone waiting for approvals and interviews.

April 2009-Divorced

April 2011-Filed I-360,I-485,I-765(filed few days b/4 divorce was 2yrs which would have made me ineligible)

May 24,2011-RFE(For good faith marriage & Good moral character)

Aug 19,2011-I-485 touched(correspondence from USCIS were returned)

Aug 24,2011 & Aug 26,2011-Attorney called USCIS

Sept 12,2011-Another RFE for I-693 & passports sent

Sept 19,2011-RFE for I-693 & Passport received

Oct 18,2011-I-360 touched(status changed to "Response to RFE review)

Oct 21,2011-Prima facie sent

Nov 1,2011-Prima facie recieved(Still no EAD or Biometrics done)

Dec 1,2011-I-485 touched(still no EAD or Biometrics)

Dec 12,2011-1-485 touched(Interview notice sent-worried cause i don't have the vawa approval yet)

Dec 15,2011-called USCIS about my case

Dec 19,2011-Attorney called to cancel interview b/c we are still waiting for Vawa approval notice

Jan 5th,2012-New EAC #s issued for I-765 & I-485 by VSC(Both were sent back to VSC)

Jan 8th,2012-Attorney faxed in Request to expedite my case

Jan 19,2012(I-485 & I-765 touched)

Jan 25,2012(Biometrics letter mailed)

Jan 26,2012(Biometrics letter received by attorney)

Feb 1,2012(Biometrics letter in hand)

Feb 6,2012(EAD card mailed by USCIS)

Feb 8,2012(Biometrics done,I-485 & I-765 touched,EAD delivered by USPS)

Feb 10,2012(EAD in hand,I-765 touched)

Jul 2,2012(Attorney called cos my case was out of processing time)

July 3,2012(VSC called Attorney back/sent out RFE 4 GFmarriage same day)

Sept 28,2012(RFE received by VSC)

Oct 26,2012(I-360 approved,Oct 13th was actual approval date)

Nov 19 & Nov 21,2012(I-485 transferred to another office)

Filed: Other Country: Barbados
Timeline
Posted

How's everyone doing?

My interview is almost here;in a few days on Monday and i can't wait for it to be over with.

Loveme,Ssisi any luck on your interview dates yet?Optimistic chic,do you have ur EAD yet and how's everything going for you lorphelpme?

Goodluck to everyone waiting for approvals and interviews.

[/quote

So happy for you. I just sent in response to my rfe. So am back in the waiting. Line good luck with your interview and let's us know how it went.

Posted (edited)

Provided someone with a pending I-485 (VAWA approved or not makes no difference) had less than 180 days of total overstay, they would be able to travel abroad and re-enter the US using Advance Parole.

180 days of overstay gives a three year bar from the US, which would prevent admission under AP.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Country: Brazil
Timeline
Posted (edited)

Hypnos really? can you provide the source or USCIS memorandum about that?,because I took part of USCIS Stakeholder conference regarding VAWA in September 2012 with Vawa Unit in Vermont and they were very clear regarding NOT TO travel abroad with pending I-485 in two cases, if the Vawa was not adjudicated and in cases that the alien accrued unlawful presence as well.

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

I don't want to get my hopes up! But I believe my I-360 got approved feb 15 2013 I just checked my status today on the website usicis.gov and it says.... On February 15, 2013, we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283. Anyone on here get the same message? I haven't received an actual letter from my lawyer or a phone call from her.

Posted

I can find no mention of the guidance from USCIS stating not to travel overseas with a pending VAWA-based I-485 from the stakeholder notes in Sepember 2012: http://www.asistahelp.org/documents/news/VSC_Teleconference_Notes_and_Practi_EEF1F08E02507.pdf

Filing an I-485 gives someone a new period of authorised stay that persists until their application is finally adjudicated. Even if someone is out of status, they go back in status once the application is filed. As part of that, they are eligible to file an I-131 to apply for Advance Parole (the same way they can file an I-765 for Employment Authorisation). Provided they do not have at least 180 days of overstay, which under INA 212(a)(9)(b) would trigger a three year bar from the US, they should be eligible to re-enter the US using their AP whilst their I-485 is still pending.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Other Country: Brazil
Timeline
Posted (edited)

Hypnos the stakeholder never publish all the conference content. The September conference last 3 hours, you posted the link here with 20min of the Conference. You took an information about Immigration Law and posted here, but your information DOES NOT apply to file Vawa Filers. Any respectable Lawyer advise the clients not to travel abroad with Vawa pending.

Edited by sandranj
 
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