VAWA

[Villanelle 4,122]

I dont have a more complicated knowledgeable explanation but rather a simpler one. AOS is basically the adjustment of status from a temp visa to a permanent resident one.

Only certain people qualify to apply for it. (Through marriage or family or in some cases work) You pretty much need a sponsor in all cases- your spouse, USC parent/sibling, employer etc. But with VAWA youre saying I wouldve been eligible for Adjustment except the 'USC sponsor spouse' is abusive and wont sign and cooperate. Is it fair that I am denied Adjustment because I am a victim of abuse?? the law says no. The law says screw the abusive spouse, you dont need them to adjust. Its a compassionate law, just like the law that says if youre widowed during the process you can still move on and its not- sorry your USC sponsor died- go back home your path is closed.

So getting approved for VAWA just means that they (USCIS) determined you were/are a victim of abuse and can apply for AOS with out the spouse, just like if you were widowed youd send in proof of widowhood (?) is that a word? And USCIS would verify it and say yup youre good to move forward with the AOS or not.

All the same rules for getting approved for AOS apply to ALL APPLICANTS doesnt matter how you qualified to apply for it, if you were VAWA, widowed, spouse, family member etc.

[harry66 2]

I see so what are the conditions of AOS? As you well know I didn't have an I-94 I was first an Asylee. I am in proceeding while the VAWA got approved too.

[harry66 2]

Congrats! My understanding of this incredulous phenomenon is that the two petitions require different proofs. So it's possible to prove your I-360 case, while it may be difficult to prove your I-485 case.

I also see conceptually that VAWA is designed to expeditiously take a victim out of precarious situation. With pending VAWA, the victim (including a child victim) is sort of still dealing against the individual offender. The AOS is already a non-emergency process toward permanent residency, where a petitioner is dealing solely with federal bureaucracy.

But if someone knows real (more knowledgable) explanation - it would be good to hear

How so I waited four (4) years for VAWA. In this case they made me relive every painful details. I had to even go back 6 years to get documents for my first wife. They even threatened me with misrepresentation all kind of stuff. I am glad it is over now. I had to go to the pastor and her kid's school to get documents in which the school recgnized me as the step-father after 6 years. What if the pastor had died and the school had no records? Then they will say that I was a sham right! VAWA is not what you think it is my friend. All case is different in my case I broke the record of waiting on VAWA for 4 years no one has. I am happy but to tell you the truth I have been in hell with the whole ordeal. I spent every dime I got towards the lawyer's fees. I remained hungry just to pay of lawyers. I am crying as I write you as you will never understand the pain. God will bless the weak and contrite in heart.

Edited July 27, 2014 by harry66

[SingleDad2usc 71]

I understand: I've collected documents going back twice as long as you. What I don't understand is why victim petitioners prefer to pay lawyers, when there are many organizations who refer to pro-bono lawyers?

[Sandra G. 5,057]

harry6 vawa Unit does not handle inadmissibility,then they approve cases without considering things such as misrepresentation,fraud,public charge etc...the local office will be responsible to see if there is any inadmissibility when adjudicating AOS. It's not common to have AOS denied after Vawa approval, but it happens, it happened with at least 10 people from VJ in the past 3/5 years.

Edited July 27, 2014 by sandranj

[SingleDad2usc 71]

See harry66, Sandra provided the knowledgeable explanation of what you're facing now.

For deeper understanding of bureaucratic menace, see here: http://www.mind-trek.com/articles/t12d.htm

Why do bureaucrats make so many regulations

[harry66 2]

harry6 vawa Unit does not handle inadmissibility,then they approve cases without considering things such as misrepresentation,fraud,public charge etc...the local office will be responsible to see if there is any inadmissibility when adjudicating AOS. It's not common to have AOS denied after Vawa approval, but it happens, it happened with at least 10 people from VJ in the past 3/5 years.

Doesn't VAWA absolve all kinds of inadmissability? I see you mentioned misrepresentation, fraud and public charge (welfare assistance). I will like to know what you really mean by that. Again, do you know the reason why these ten ( 10) people were rejected for AOS. Thanks.

Edited July 27, 2014 by harry66

[harry66 2]

Now my VAWA is approved. How can I get a hold of the ICE prosecutor to let him/her know if it; that way when I got to court for my withdolding it will be dismissed without them oppossing the proceedings at all?

By so doing the road will be cleared for AOS.

[harry66 2]

Initial Review

On August 4, 2014, we transferred your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed. If you move, please use our Change of Address online tool to update your case with your new address.

Can Anyone Explain What This Means to me?

[Hypnos 6,578]

Your local office now has jurisdiction over your case (likely from the NBC) and will schedule you for an interview in the next few months.

Edited August 10, 2014 by Hypnos