File EAD, greencard at same time as vawa?

[aidy1 0]

ok am a little surprised. is it possible to have filed my EAD and green card at the same time that I filed the vawa? cos my attorney said its not possible except my vawa gets approved. its taking too long and its driving me nuts. its not easy staying for months without a job. meanwhile I filed vawa sept 2012 and got the receipt, it almost expired and i had to get an extension which will expire again in September, still hasn't heard anything from uscis. the case status still says INITIAL REVIEW.. am really worried that even when I don't know when it will be approved, I might still have to wait for some months again after approval to get EAD and start work.. I have bills coming in every month and I wonder why its taking so long for them to reach a decision.

please I really need any helpful information.. anyone filed vawa recently? I also heard its the Obama amnesty that is making the whole thing congested. am so worried

[Hypnos 6,576]

VSC is currently processing VAWA cases from November - December 2011. There is approximately a ~16 - 18 month wait for a VAWA application to be adjudicated.

If you were married to a US citizen then you can file an I-485 (adjustment of status) and an I-765 (EAD) application alongside your existing VAWA I-360 application. You should be aware that, if your VAWA application is denied, then if you had filed an accompanying I-485 then you may well be placed in removal proceedings. VAWA applicants who have their I-360 denied but do not file an I-485 are not routinely placed in removal proceedings, and it's for this reason that many immigration attorneys advise not to file an I-485 until your I-360 has been approved (removing the risk of deportation). Unfortunately the downside of following this advice is that you cannot legally work, as you indicate.

If the current VAWA timelines remain unchanged then you should expect your I-360 to be adjudicated around May 2014, so roughly a year from now.

Posting on the official VAWA thread would probably garner more relevant and timely answers for you: http://www.visajourney.com/forums/topic/398760-vawa-part3/

Edited May 14, 2013 by Hypnos

[anajnic 87]

VSC is currently processing VAWA cases from November - December 2011. There is approximately a ~16 - 18 month wait for a VAWA application to be adjudicated.

If you were married to a US citizen then you can file an I-485 (adjustment of status) and an I-765 (EAD) application alongside your existing VAWA I-360 application. You should be aware that, if your VAWA application is denied, then if you had filed an accompanying I-485 then you may well be placed in removal proceedings. VAWA applicants who have their I-360 denied but do not file an I-485 are not routinely placed in removal proceedings, and it's for this reason that many immigration attorneys advise not to file an I-485 until your I-360 has been approved (removing the risk of deportation). Unfortunately the downside of following this advice is that you cannot legally work, as you indicate.

If the current VAWA timelines remain unchanged then you should expect your I-360 to be adjudicated around May 2014, so roughly a year from now.

Posting on the official VAWA thread would probably garner more relevant and timely answers for you: http://www.visajourney.com/forums/topic/398760-vawa-part3/

Thats not true, I applied march 2012, got approved april 2013 ..13 months with RFE.. with no RFE wouldv been quicker

[Hypnos 6,576]

It is true, you just happened to get extremely lucky (sometimes USCIS improperly processes petitions out of order).

On the VAWA thread I linked there are several people who have been waiting well over a year for their petitions to be adjudicated.

Edited May 18, 2013 by Hypnos

[Sandra G. 5,047]

Despite Vawa unit keeps saying they are adjudicating Vawa cases filed in Nov/December 2011 I had approved this month already more than 50 cases that I filed in April and May 2012,but there are several people waiting 17/20months to have their case adjudicated tho.

Edited May 19, 2013 by sandranj

[Hypnos 6,576]

They do seem to be processing some petitions out of order right now.

I'm sure those people who have been waiting for almost two years are disappointed by those developments.

[anajnic 87]

They do seem to be processing some petitions out of order right now.

I'm sure those people who have been waiting for almost two years are disappointed by those developments.

Well that is very frustrating indeed to wait soo many months. I saw where someone had 5 prima facies then got denied..

[njvawa 0]

I applied in September, got fingerprinted in October 3 weeks later..just got my EAD on Dec first week. I filed 360, 765 & 485 all together. Even my medical exams and everything were all submitted together. Others were approved right away..am still awaiting further responses about 465. My EAD is a C31. Have applied for SSN, should be here already. I'm scared incase my GC is denied. Anyways, just sharing cos even my lawyer is still very surprised how I got my EAD so fast & got fingerprinted so early. My friend is an Immigration Lawyer as well who does VAWA cases..she still couldn't believe it plus how come I didn't get a PF first. Happy Holidays all!