VAWA

[harry66 2]

I filed VAWA in 2011, Dec. 29th.

I received my Prima Facie Determination on the 14th of January.

I got an RFE on the 4th of January also.

I Sent my response on the 20th of January (VS got it on the 24th).

I have since renewed PFD twice... I am still waiting for my I -360 (VAWA) DECISION.

A few days ago I applied for EAD under c9 (Vawa)to my utter surprise they sent

in an approval in only 1 week. They received my application for employment on the 6th of March.

And they sent me the approval on the 14 of March all this year 2013.

Presently, I have been denied my withholding hearing which I plan to appeal to Virginia (above Review Board)

before someone knocks on my door. My 'withholding only' hearing was supposed to help

stop possible deportation as I have been in proceedings since 1994.I am worried about all these.

My questions are

1. Why did Vermont services expedite my EAD with an unusual urgency as my current EAD is not even expired (will expire in May 2013).

2. Is it possible that Vermont services knows about my denial by EIOR on the 17th of Jan. 2013.

(I have been fighting since 1994 and I was really getting tired with work as an Engineer

something has to give then I missed my court date on the 17 Jan. 2013:Resultanty, I was denied in absentia victory to OCC. the judge also rejected my motion to reopen. I need to buy time while I wait for VAWA decision.

3. Can Vermont Service expedite my I-360 as well since deportation is now a default in my case? Time is of essence now and I don't know which direction to go. This is torturous.

4. Is it advisable to try triggering a response from Vermont Services now that I am in a dire situation?

5. What will be the best approach to find out what they are up to. I have written them a letter asking for

PFD extension as the current will expire in May 2013. I got no response as yet.

6. Is it possible they can deny VAWA after 13 months of waiting? If they will deny why wait for so long?

I real need some serious insight so that I can figure out my next move.

I know that I will need a divine intervention but I only want to know what you guys think. I hope some of you with deep experience will not mind to help me now that I am in distress.

I am suffering at work and in everything because my mind is skipping with all these stress. Thanks to you all and may you find what you seek in life. Amen.

[VanessaTony 3,567]

Original thread here: http://www.visajourney.com/forums/topic/337281-vawa/

OP - What happened back in 2011 in the above post? You got the denial notice? What did it give as reason? Did you appeal or re-apply?

[harry66 2]

Original thread here: http://www.visajourney.com/forums/topic/337281-vawa/

OP - What happened back in 2011 in the above post? You got the denial notice? What did it give as reason? Did you appeal or re-apply?

I reapplied on November 29th 2011. I used a lawyer this time. The RFE (Jan 2012) was just to get a police report of any record that I may have.

I am worried and I need answers to my questions. Thanks again for posting the original post.

[Sandra G. 5,057]

Harry 66 Vermont did not expedite your EAD, I saw a lot of cases they issued the work permit in 7/15 days.They just expedite I-765 upon request.

Vermont does not know about your denial by EIOR on the 17th of Jan. 2013.

There is a provision in the INA Law to expedite cases with final removal order.Call VSC VAWA Hotline (1-802-527-4888)to request to expedite your case,but because you missed your Court date I don't believe they will expedite at all.You screwed up big time ,and they use to expedite Vawa cases involve compelling humanitarian issues.

Your Prima facie will expire just in May 2013.You still have 2 months ahead and if you are not receiving public benefits there is no need to apply to get prima facie.

Vawa Unit is taking 17/19 months to adjudicate Vawa cases, and yes they can deny after 13 or 17 months waiting. They are taking long time because there are 12.000 to 15.000 Vawa cases filed every year and they have just 26 adjudicators in the Vawa Unit. They won't adjudicate your case before July/August 2013.

Edited March 24, 2013 by sandranj

[harry66 2]

Harry 66 Vermont did not expedite your EAD, I saw a lot of cases they issued the work permit in 7/15 days.They just expedite I-765 upon request.

Vermont does not know about your denial by EIOR on the 17th of Jan. 2013.

There is a provision in the INA Law to expedite cases with final removal order.Call VSC VAWA Hotline (1-802-527-4888)to request to expedite your case,but because you missed your Court date I don't believe they will expedite at all.You screwed up big time ,and they use to expedite Vawa cases involve compelling humanitarian issues.

Your Prima facie will expire just in May 2013.You still have 2 months ahead and if you are not receiving public benefits there is no need to apply to get prima facie.

Vawa Unit is taking 17/19 months to adjudicate Vawa cases, and yes they can deny after 13 or 17 months waiting. They are taking long time because there are 12.000 to 15.000 Vawa cases filed every year and they have just 26 adjudicators in the Vawa Unit. They won't adjudicate your case before July/August 2013.

Yes I screwed up the biggest time and I can't get over that. I am afraid now. In any case what can I do? I depend on student loan for school.

I will need that PFD extension for school. If I don't get the extension I won't be going to school. I need to finish my education like yesterday.

[Sandra G. 5,057]

As far i understood your lawyer filed a motion to stay the removal and the Immigration Judge denied right? Well you want to appeal to the BIA the absentia order is NOT APPEALED . Removal orders are automatically stayed whilw appealee to the BIA,but not in cases of "absentia" even if you appeal the denial of the motion to reopen or rescind.Your Vawa case won't be approved before July 2013 at all and your removal is in order tho.Good luck.

[Sandra G. 5,057]

I was using my phone and i mispeled the words "while" and "appealed",my bad.

[harry66 2]

I was using my phone and i mispeled the words "while" and "appealed",my bad.

The appeal was for the the denied "withholding only" asylum hearing.

We are going to BIA to overturn it. I want the hearing to continue.

[Sandra G. 5,057]

harry66 call Vawa Unit leave your name, Vawa case number and phone number and they will call you back. Leave a message saying you have a FINAL ORDER of removal then they will call you back and ask them to expedite your case .Do not say I am in removal proceedings, because hundreds are in removal proceeding and they don't give a damn, you have to say you have a " FINAL ORDER OF REMOVAL" and you can be removed at anytime.Good luck

Edited March 25, 2013 by sandranj

[harry66 2]

harry66 call Vawa Unit leave your name, Vawa case number and phone number and they will call you back. Leave a message saying you have a FINAL ORDER of removal then they will call you back and ask them to expedite your case .Do not say I am in removal proceedings, because hundreds are in removal proceeding and they don't give a damn, you have to say you have a " FINAL ORDER OF REMOVAL" and you can be removed at anytime.Good luck

Thanks I will try that today at lunch and I promise to let you know how it goes.

[harry66 2]

I called VAWA like you said nothing happen. Well My primae Facie determination expired in May 27th of 2013. They refused to make a decision even after my senator contacted them. Again after refusing to extend my PFD earlier, I came home one evening from work only to find a letter which extended the PFD to July 13th 2013. That's only 45 days at least I can use it to enrol for fafsa fall 2013-2014.

In sum, I don't know what this means for me: whetther or not they have approved or denied and just kept it to themselves I don't know. The application is been pending a decision for 18 months now. I don't know what to do and the BIA decision could come any time soon. My problem, if BIA refuses to reopen what will I DO?

I am worried that the VAWA is disheartening me and it seems like sort like a torture rather than help as it was designed to do. It seems like I have no option. If you think that I have an option please let me know.

[Imperium 81]

I think there is a ICE PROSECUTORIAL DISCRETION POLICY oct 05. I am very sure they are not going to remove you. As for as your MTR goes, any MTR involving VAWA is automatically a stay of removal as well. You should talk to ICE OCC through your counsel as they don't really listen to Pro Se. Please let us know then what happens.

[harry66 2]

Hello people read the latest news here:

Dear ,

Your constituent, , filed a I-360 Self-Petitioning Spouse of a US Citizen or Legal Permanent Resident, Receipt Number EAC #, that was received on June 29, 20XX. A Request for Evidence was sent and a response was received on Aug 14, 20XX.

U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent's case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed.

If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible.

USCIS realizes that your constituent may be frustrated by the progress of his case. However, the agency must balance individual inconvenience against broader issues of public safety and national security.

We hope this information is helpful. If we may be of further assistance, please let us know.

Thank you,

Immigration Services Officer / Congressional Unit USCIS | Vermont Service Center

Question-- What does this mail mean for me and my situation?

[Hypnos 6,578]

Exactly what it says, your case is currently pending name checks (they are checking to make sure you aren't a criminal / terrorist).

[harry66 2]

So how long does it normally take. And can someone be deported while waiting for VAWA? Let's assume that appeal with BIA to reopen a withholding hearing fails through. Do I have a chance here because I am tired of paying so much money to lawyers while infact USCIS has the final say.

Thaks.