Vawa part 4

[kenyabell 0]

Hypnos, Oh thank you so much Hypnos for answering my question well. I will call them in the morning

[jessi43 0]

Hello Everyone!!!

I have been following this thread for days now and have lots of questions. I fell in love with this guy that I met in school. I really thought he was the one and he was perfect until we got married and he changed into a horrible person. I went through psychological (threats) and physical (throwing things at me and hitting me among other things) abuse and had to have psychological help for 7 months. I never called the police because of his threats and because I was blinded thinking he would change. I finally broke it off when I went to a psychologist was from the school that I was attending for help. He was nice enough to write me a letter to include with my I360 package. I am also a resident and this will expire in April 2014. I am really anxious right now since I have applied to medical school and have interviewed with a huge chance of getting in, but if I don't get my residency renewed by June 2014 it will be an immediate rejection.

Here is my timeline for VAWA so far:

11/01/13 Sent package

11/05/13 Received I360

11/13/13 Prima Facie Received

My Questions:

1. Can I work with my SS since my Residency has not expired yet?

2. I heard that since I divorced my residency was terminated, is this true?

3. If anyone is a student or knows anything about this. Do u know if I could still file for FAFSA? This would be a loan not a grant that I would have to pay back upon finishing my career. I have to file FAFSA this January.

4. When you apply through I360 and when approved apply for a residency, do you get a new residency number or do you keep the one you have?

Please, please!!! Help me. I am really freaking out.

Thank you in advance for your help

[Hypnos 6,576]

When you say "resident", do you mean you already have a green card? If so then you should not have filed an I-360.

[citragirl 25]

I just notice my notifications say first that my case was transfered lo local office, next day received another notification that it is now at a uscis office... Could this mean my case didn't go to nbc office? Is that something I should be concerned about, also is it common that ead states finger print not available?

[Sandra G. 5,047]

Jessy 43 if you have a green card and filed vawa well you screwed big time,because you do not qualify for vawa.WHo is a green card holder can file 751waiver based or in extreme cruelty or divorce.

[Thiat32 0]

Hi sandranj ,I send you an inbox,can you pls help

Thanks

[Sandra G. 5,047]

Thiat32 I didn't receive any message from you. Send me again please.

[jessi43 0]

@hypnos and @Sandranj

I went to a lawyer and he told me that I needed to file I360. I told him my residency expired in 2014 and he insisted that the only thing I could do was file I360. He said that there was nothing I could do about my green card because since I divorced it was no longer valid. I should also add that this green card is in another last name. When I married I changed my last name to his and when I got divorced I changed it back.

[lorphelpme 9]

@hypnos and @Sandranj

I went to a lawyer and he told me that I needed to file I360. I told him my residency expired in 2014 and he insisted that the only thing I could do was file I360. He said that there was nothing I could do about my green card because since I divorced it was no longer valid. I should also add that this green card is in another last name. When I married I changed my last name to his and when I got divorced I changed it back.

Omg which lawyer in their right mind will tell u that?? That lawyer needs to be reported immediately. This is soo ridiculous just trying to rob people of their hard earned money or money they have to loan from family members or friends to pay them. There should be a way to punish those lawyers through the bar for misinforming people. Or they need to be put on blasts so other people will keep away. This really pisses me off and it only affects us when those lawyers are ignorant to the immigration law or should I say play the role of ignorant to benefit financially. I am not immigration lawyers and I know that total BS Ughhh maybe Sandranj can help you but good luck with everything.

[anajnic 87]

@hypnos and @Sandranj

I went to a lawyer and he told me that I needed to file I360. I told him my residency expired in 2014 and he insisted that the only thing I could do was file I360. He said that there was nothing I could do about my green card because since I divorced it was no longer valid. I should also add that this green card is in another last name. When I married I changed my last name to his and when I got divorced I changed it back.

My goodness. Maybe a long certified letter could be written , naming the attorney as the fault since you were misinformed.Cancelling the application and refiling it via the i751. Giving yourself the opportunity redeem yourself by cancellation.I don't know I'm just saying, hopefully Sandra can say something. Did you divorce within 2 years of separation or after?

[bestgirlever 12]

@hypnos and @Sandranj

I went to a lawyer and he told me that I needed to file I360. I told him my residency expired in 2014 and he insisted that the only thing I could do was file I360. He said that there was nothing I could do about my green card because since I divorced it was no longer valid. I should also add that this green card is in another last name. When I married I changed my last name to his and when I got divorced I changed it back.

Omg. Some lawyers are so messed up. Making life even more difficult for people than it already is. Sorry to hear this but I guess you might have to withdraw vawa and ask sandranj for some help..my attorney is also messed up anyway so its becoming the norm.some Self acclaimed immigration attorneys not even having any knowledge of the immigration laws cos all they want is money. Goodluck tho

[Sandra G. 5,047]

jessy43 considering that you got your green card because you got married to a US Citizen and now you are divorced. Here is what I have to say in your case.

Did you sign form G-28? It means he is a lawyer and you hired him. To confirm what I am saying, set up an appointment with infopass and go there to talk to an Immigration officer.

-Fire your lawyer,and ask him your file!. Give him a letter stating the reason you fired him. Demand your money back,if he refuses then tell him you will sue him for malpractice. Tell him to withdraw his representation in your Vawa case, (get a copy of the letter). Do not ask him to withdraw the Vawa case you will do that without his help.

-GO TO THE BAR ASSOCIATION in your State asap, and file a complaint against your lawyer.Some States ask a written complaint,besides their form, then explain your complain in details,include the names, phone numbers and addresses of you and your attorney, and submit copies of any documents regarding to the complaint.

-Withdraw your Vawa case with a copy of the complaint that you filed with the Bar Association.

-File I-751 based on bonafide marriage or extreme cruelty, in both cases you have to prove a bonafide marriage.

-Your GC is valid until April 2014, then you are good until March 2014 to file form I-751.Once you file I-751 your case will take at least 8months, but you will receive a extension letter after 30 days and you can even travel with the extension letter.

For God sake do no listen his bs anymore.He may try to explain the inexplicable,just tell him to ###### off.

Disclaimer:The information here provide is educational only and should not be construed as legal advice

Edited December 5, 2013 by sandranj

[Hypnos 6,576]

Yeah that lawyer is a clown. Fire his ### asap.

[Sandra G. 5,047]

jessy43 filing I-751 you will receive an extension letter valid for one year, your life will be normal, you can work, study and travel. read here about Fafsa, you will fine with the extension letter.

http://studentaid.ed.gov/eligibility/non-us-citizens#what-if-the-expiration

You have to act fast in your Vawa case, because probably your scumbag lawyer filed a new form I-485 with your Vawa, and USCIS will deny your case, because you do not qualify for Vawa, and your case will be a mess.

Edited December 5, 2013 by sandranj

[Kittykitty1234 2]

Thank you all for ur responses and cheers.

I just received the denial letter from my lawyer and Yes proof of my citizenship is the only reason i was denied.

Ive got RFE for it and resposed with a letter to request USCIS to search while back But i guess they did not try. I will post actually words from the letter this weekend.

Ahh Sandra please help... Im desperate

By the way Hope you all are well.

kittykitty1234 if the only reason of denial is because you did not submit copy of his birth certificate or copy of his passport then your lawyer should right away to ask reconsideration OF the decision of your vawa denial, and in the letter your lawyer should ask THE REQUEST SHOULD BE REVIEWED BY A VAWA UNIT SUPERVISOR. There is a memorandum from USCIS stating if the alien does not have proof of the status of the spouse, the alien can ask USCIS to search about the status of the alien's spouse.