VAWA Prima Facie, State/Federal benefits for DV victims

[belinda63 3,041]

Eads normally take about 90 days to receive but in your case probably longer. They will need to verify your eligibility to apply for AOS.

[SingleDad2usc 71]

I was hoping Sandra or recent applicant might know answers to the below:

So does anyone know most recent examples, say:

1. August 1 pro-bono attorney sends in (together with PF extension request) an EAD application+fee waiver and I-485, if unavoidable. Does f2a CURRENT fuss have any relationship to me (if abuser is in fact just LPR, not USC)?

2. How long after the receipt will VSC send me biometric notice? Has anyone in NYC walked in immediately?

3. How many days after fingerprinting did your EAD card actually arrive, if u have recent experience?

4. Was SSA office able to assign SSnumber (not physical SSN card) instantly upon showing them EAD? How long is this kind of EAD valid for?

[Sandra G. 5,057]

singledad regarding your question" Does f2a becoming current August 1 have any relationship to me", the answer is NO, F2A is current for those with a pending I-130, you do not have a pending I-130.Some girls from the thread Vawa part 4 married to an LPR will be able to submit their I-485 now because in the past their husbands submitted form I-130, but it's not your case.

In order for you to receive a work permit you must submit form I-485 along with form I-765, but if your wife is just a green card holder they cannot issue a work permit now, but,if she is a US Citizen yes they will approve your I-765.There are 2 women in the VJ thread, they are married to a green card holders and they received work permit, they filed I485 along with I-360 and USCIS accepted, do not ask me how they accepted, because the law clearly states that USCIS must reject form I-485 filed when a visa number is not current available(it's for spouses of green card holders)

Edited July 24, 2013 by sandranj

[Sandra G. 5,057]

singledad when your attorney submits I-485 along with form I-765 ask him to file form I-912 to waive Uscis fees, and tell him to submit form G325A and I-864w as well.I noticed almost all girls from the thread vawa part 4 their lawyers forgot to submit these 2 forms and before the AOS interview they are getting RFE asking form I-864W and G325A.

Some people are getting the EAD in 30 days after submitting form I-765 but usually it takes 60/90days ,the work permit is valid for 1 year.

[SingleDad2usc 71]

So that was exactly my question: does August 1 development change a situation similar to those 2 girls?

P.S. Just to make sure: even though new PF will only be valid half-year, the EAD at the same time will be valid one-year? Seems a little out of sync(?)

Edited July 24, 2013 by SingleDad2usc

[Sandra G. 5,057]

Yes the work permit is valid for 1 year, because the work permit is not based in the prima facie issuance, but in the I-485 filed concurrently with form I-360.

[SingleDad2usc 71]

I just had Fair Hearing, and it went well.

I'm surprised members here don't request one. They're probably afraid, but this is much easier than any procedure with immigration. You just bring all your papers, and Administrative Judge will hear you out.

In fact: the most difficult part is before and after a hearing, because both before and after you're dealing with caseworkers who ROUTINELY mistreat you. Not necessarily because they are bad people; it's just the nature of their job. They are not highly paid, and some of them are technology-phobic. So it's easier for them to lie to you than to do the right thing for you. It's a very practical matter: a caseworker has to log-in, and go thru a series of entries.

1. Their terminals are notoriously slow.

2. Their network is slow.

3. They have no technical support.

4. They don't know obscure codes to enter. And they are afraid that if they ask colleagues/supervisor for the appropriate codes and try to perform your case - they'll get stuck.

5. Their job performance is based on the the number/pace of completing a "number", I.e. keeping the waiting area moving. The last thing they want is to get stuck, trying to complete an immigrant's case.

So the easiest thing for the worker to do is to turn you away, saying you're not eligible because you don't have SSN, or to take a copy of your Prima Facie and tell you to go home, "we'll work on it". In both cases you just lost, because you got nothing in writing to show Administrative Judge. You're left with no proof you HAVE APPLIED.

The more surprising part is difficulty in collecting your Fair Hearing award. Even with Judge's decision in hand, you still face yet another worker who is charged with calculating your retroactive benefits. Again, a technical challenge for them - so they just put it off as long as they can. And you sit at home like a dummy, thinking they are processing it. It once took me 5 filed complains to finally get paid, following Judge's written decision. But fear not: it's just as easy for a worker to err and overpay, as it is to underpay. So stay on top of it, and you will prevail in the end. Only those who give up do not get justice.

Most important tip: file request for evidence packet exactly 7 days before the hearing. Again, yet another worker has to fulfill your request - and they routinely don't. That gives you grounds for victory

Edited August 10, 2013 by SingleDad2usc

[Sandra G. 5,057]

Please post here the exactly Judge's decision.

[SingleDad2usc 71]

I will. Alas, one-two months from now. The Judge shook his head in relief when I finally said: "Nothing further". He said it was the most voluminous argument he heard all week. When he passed to the clerk all the evidence to copy, that he has just accepted under consideration, the poor lady salivating for her lunch hour nearly fainted. About 300 pages that he will be sending to Albany...

Capri's post in this topic nails it: immigrants, and in particular battered immigrants, are routinely mistreated by HRA. It's been seven years since both the City defendant and the State Defendant have been ordered (under MKB v. Eggleston) to stop this mistreatment - and nothing changed.

But the most important advice for battered immigrant: you do NOT need a Prima Facie to receive emergency benefits. HRA has DVL (Domestic Violence Liaison), who can assess you as a victim of LPR spouse, before USCIS does. Like Prima Facie, such assessment is re-issued every 6 months at DVL's discretion. That's Applicant category "B" (battered). Another category "O" may be available to those assessed as PRUCOL.

In addition to HRA, a victim may obtain assistance at DV non-profits - no immigration status required. And both HRA's DVL and non-profits should refer victim to pro-bono immigration attorney

[SingleDad2usc 71]

so finally, 5 weeks later, a negative 11-page Fair Hearing decision has been issued: the determination of HRA not to include my needs as part of household prior to P.F. "on the grounds that he is an an ineligible alien is correct."

also, no indication that NYC has any Food Stamp program to replace SNAP ineligibility next 5 years...

My analysis: this Administrative Law Judge rules with experience and fairly, but he lacked previous knowledge on this rare subject. He never heard of Prima Facie, PRUCOL or MKB before my hearing... I also think he was hesitant to offer any positive analysis in view of totality of HRA's possible liability: over 8 years worth...No penalty to HRA for failure to refer to DVL, or notify me as a member of MKB class... I shall contact Legal Aid Society to see if any informal relief is possible based on "MKB vs Eggleston" 2006 decision.

[amberlynnloves 125]

I just saw this after your earlier posts this year wanting status for yourself.

Did you ever get that updated? Are you able to AOS based on your ex wifes status at that time? What happened to the kids? Everything turn out ok?

[Villanelle 4,122]

I am sorry they ruled against you. I dont really know all the finer details of your case and the arguments that you laid out, however if you were arguing about foodstamps like I mentioned before the only thing I was able to find online did reference them pulling the plug on giving foodstamps to victims of DV and other needy aliens around 2005. However a big qualifier to get those foodstamps was that you were living in the US in 1996. So if you had been denied between 2001-2005 and had been living in the US since 1996- you shouldve been victorious at the fair hearing.

Otherwise it does seem like he was correct to deny you. Sure it wouldve been nice for him to admonish the dept for their treatment of you, and Im sorry that didnt happen. I really cant offer you any kind of explanation or excuse except to say that its very difficult when you are let down by someone in 'power' that you went to. Judges are just human. Look what happened last month in Montana (http://www.cbsnews.com/8301-504083_162-57600642-504083/montana-rape-case-protesters-call-for-resignation-of-judge-who-handed-down-30-day-sentence-to-teacher-in-rape-of-student-report-says/)

That was completely outrageous. So you can be upset that the judge in your situation didnt admonish the dept, but dont dwell too much on it because its really just a roll of the dice on who you actually get. Judges are just regular people at the end of the day. They usually rule fairly based on the law and evidence in front of them- but once the decision has been made like you are guilty or I am ruling for you or against you- thats when their personality shines through and ####### comes out like in the Montana case or you wouldve preferred to see your judge give a stern talking down to the dept about the situation and he failed to. Perhaps someone else wouldve been more sympathetic, but this is who you got, so thats how it is..

-

Regardless, if you are truly in need of additional assistance to make ends meet, I know you are limited in places you say you can live because of you childs medical condition, but there are other states that do offer foodstamps to aliens. There is a chart/map somewhere online, Im not sure if the link is posted in this thread or in another thread. If you want it, Im sure it can be dug up again. Perhaps one of those states has a similar climate and would be suitable in terms of housing and overall cost of living expenses for you and your family.Its something to consider. However make sure you thoroughly research it because every state is different. Just because you qualify for medical and daycare in one state does not automatically mean you would qualify for medical and daycare in another.

And medical and daycare is not exactly the same thing from state to state. Each state runs programs differently. So perhaps in NY your children are eligible for free buses and after school care at a center because of your income and you move to lets say Wisconsin and there you see online you will be eligible for 'daycare' because of your income, but alas once you get there you find out 'daycare' means for children ages 5 and under at a preschool or over 5 for special needs only and no transportation.

Then what? Well, then you have the extra money in food stamps from Wisconsin because thats why you moved there, but no daycare, so youre going to end up spending the money you saved on food on daycare I suppose.. (And I really dont know if Wisconsin is a foodstamp state, I dont think so, I just needed a state so I used Wisconsin but you get the point of needing to research and not assume) There may be a better option for you and your family then NY, I really dont know. Because of the amount of effort you spent fighting for back owed benefits and researching current benefits available, it clearly would make a difference in your lives, so I would think the next step is expanding out and seeing if a different area is perhaps more beneficial to you.

[SingleDad2usc 71]

"if you had been denied between 2001-2005 and had been living in the US since 1996- you shouldve been victorious at the fair hearing. "

Capri, could you kindly substantiate the above assertion with links, maybe? (Judges discussion affirmed the first two facts - but ended with negative decision!)

[Villanelle 4,122]

Hmm, are you saying you were residing here in 96? Like I said I dont really know the finite details of your situation. Not sure if you never shared them or if its just my memory.

I do remember looking up a few things back when this thread was posted about FAP and eligibility and replacement programs and while its horrible to say its kind of one of those situations of I have a ton of my own ####### going on so I looked at your stuff when it was happening but after that- well, I didnt really retain it or hold on to any of the links or research beyond what was posted in the thread.

When you posted again it mostly back to me. Theres this article here from the Empire Justice Center which talks about the situation. Its a commentary talking about the overall sad state of affairs in NY. Its dated 2005.

New York State established the Food Assistance Program (FAP) in 1997 to provide state funded food stamp benefits to the most vulnerable among the many lawfully residing immigrants who had been shut out of the federal program in 1996 because they had not yet become citizens. As first enacted, only those immigrants who were elderly, disabled or children were eligible for FAP. In 2001, recognizing that immigrant victims of domestic violence were also particularly vulnerable, the State authorized them to receive state funded food stamps as well.

So- in 2001 DV were added and became authorized. In 2005 the program was stopped. Theres also the qualifier of having been residing since 96. Hence the statement of 'if you had been denied between 01-05 and residing since 96 you shouldve been approved'

But thats an article and not 'official' type stuff from NY if you know what I mean. It shouldnt be too hard to find 'official' type things when you have dates like that though... Try typing in selective key words like 'ny authorizes fap aliens' to google. The first thing that pops up is a pdf (http://otda.ny.gov/policy/directives/2002/ADM/02_ADM-04.pdf) I didnt read through it because I dont have the time right now, but it appears to be a directive authorizing them to include DV to FAP (?) (If its not use keywords from it to search for other docs that may be what you need) Or just go to the main otda policy directives site (clip the main part from the link and it will bring you to the page and search through and you can see all the directives ever issued until you find the one you want.

Hope this helps you and again, sorry I dont have more time tonight-

[SingleDad2usc 71]

Well the problem is that FAP ceased in 2005. So as the only knowledgeable HRA worker told me: if you want food stamps, you have to go Upstate. NY County has no state substitute to SNAP... So going forward, the decision is undisputed.

My issue is with Judges retroactive ruling. He appeared to side with me through my presentation, accepting into evidence one by one all historic papers. He also showed he wasn't aware of some concepts, asking what was PRUCOL and what was MKB. He ended up with over 200 papers, and that's where I realize I went wrong. He led me to believe he was in my corner, so I said "Nothing further". I should have proceeded with Summation. Instead, when writing his decision now, a month later, he just cited the statutes and completely disregarded the issues that I brought forth in front of him: that HRA failed to refer me to DVL (who was empowered to approve benefits without any USCIS paperwork), and that HRA failed to notify me of MKB 2006 decision.

In fact, this Judge's yesterday's ruling is exactly the kind of behavior that MKB won injunction against: both the City Defendant and the State Defendant agreed to stop automatically disqualifying aliens DV victims... I can't understand what happened in this Judge's head between what he heard on August 9 and what he ended up writing. He never addressed anything to do with MKB, never even mentioned that any action was ever brought up against "the Agency" historically. My conclusion: either I fell victim to a freak accident in this Judge's hands, or...I don't understand the procedures. Maybe this venue was strictly about the Law, and to seek anything based on MKB - I have to go to the attorneys for the MKB class. Which is likely the Legal Aid Society

Edited September 22, 2013 by SingleDad2usc