Should i wait for apply I-485 after approval VAWA?

[Chun yu 0]

Hi everyone, i going to apply for VAWA. I have a lawyer, but i have a question. What's that different apply for VAWA with I-485, or just apply VAWA and if i get approval then apply I-485 ?? I have to choose witch is better n i know second one is low risk then first one... but i didn't understand exactly reason. Why people apply for I-485 after get approval VAWA?

[Sandra G. 5,057]

If you file vawa alone you can't apply to getwork permit before vawa approval,it may take 1year,and if your vawa is denied immigration not start with removal proceedings. IF you file for adjustment of status along with vawa then you can file to obtain work permit,but if your AOS is denied they will start with removal proceedings. Join the thread Vawa part 4.

[Chun yu 0]

If you file vawa alone you can't apply to getwork permit before vawa approval,it may take 1year,and if your vawa is denied immigration not start with removal proceedings. IF you file for adjustment of status along with vawa then you can file to obtain work permit,but if your AOS is denied they will start with removal proceedings. Join the thread Vawa part 4.

Thank you answer my question!! Removal proceedings means i have to go to court? Do u know if immigration (or ICE?) Catch me then i have to go back my country, it's hard to go to another country or get another country’s VISA? If i get remove from US, that mean's did i kind of criminal things in US?

[Sandra G. 5,057]

Removal proceedings is "deportation". If you had the AOS denied you will receive a NOTICE TO APPEAR(NTA) in Court, in your case if you don't have a Vawa pending they will remove you from the United States and send you back to your Country,if you have a Vawa pending they will not remove you until adjudication of your Vawa.

If you fear for your life going back to your Country then you should seek the assistance of a qualified immigration attorney to help you with this matter.

All kind the people can be removed from the United States ( criminal and no criminals), in your case if they remove you from the U.S is because your AOS was denied and not because you are a criminal, if you are not one of course.

[Chun yu 0]

Removal proceedings is "deportation". If you had the AOS denied you will receive a NOTICE TO APPEAR(NTA) in Court, in your case if you don't have a Vawa pending they will remove you from the United States and send you back to your Country,if you have a Vawa pending they will not remove you until adjudication of your Vawa.

If you fear for your life going back to your Country then you should seek the assistance of a qualified immigration attorney to help you with this matter.

All kind the people can be removed from the United States ( criminal and no criminals), in your case if they remove you from the U.S is because your AOS was denied and not because you are a criminal, if you are not one of course.

Thank you,

For example, if i want to go to France after get deportation n go back to my country, it's that's possible to get France’s VISA?

It's gonna hard to get another country’s VISA? Is deportation or court has some record here? It's not criminal, but mean's i did an oversaty?

Because my job is easy to find from another country then my country, if i get deportation n that mean's lose my chance to live another country then that's really hard to me...

[Sandra G. 5,057]

USCIS and ICE don't have public records of deportation.I mean if someone wants to know has to file a form called FOiA ,it takes months to receive the answer,and the Consulates do not ask this form ever.But when you are inside the US and you apply to get a visa to go to another Country they will see your status inside the US and they will notice your visa expired or your authorized stay expired and then your chance to get a visa is not good at all.

[Chun yu 0]

USCIS and ICE don't have public records of deportation.I mean if someone wants to know has to file a form called FOiA ,it takes months to receive the answer,and the Consulates do not ask this form ever.But when you are inside the US and you apply to get a visa to go to another Country they will see your status inside the US and they will notice your visa expired or your authorized stay expired and then your chance to get a visa is not good at all.

O ok. Thank you very much! And i have one more question about VAWA, Does VAWA system give me a work card and SSN? If i get VAWA approve, that mean's i can stay n work in US legally for last of my life?

[Hypnos 6,578]

As I understand it, you sometimes receive a period of deferred action following VAWA approval, meaning that you will not be placed in removal proceedings for a certain period, but that's all. You can file for an EAD (employment authorisation) on the basis of an approved VAWA I-360, but it will only be temporary. Only filing an I-485 to adjust your status puts you on the path to being able to remain in the US indefinitely.

If you file an I-765 solely on the basis of an approved VAWA I-360 then you must use eligility code C-31 and file the application directly with the Vermont Service Centre.

If you file an I-765 concurrently with, or subsequent to, an I-485 (to adjust status) then you must use the eligibility code C-9 and file the application with the Chicago Lockbox.

Edited October 26, 2013 by Hypnos

[Sandra G. 5,057]

You have the option to wait your Vawa approval and then file out I-485 and I-765 and receive your work permit(it may take one year)or file out I-485,I-765 along with form I-485 and then receive your EAD (30/90days).To stay legally here forever you have to file for adjustment of status(I-485).

[Chun yu 0]

You have the option to wait your Vawa approval and then file out I-485 and I-765 and receive your work permit(it may take one year)or file out I-485,I-765 along with form I-485 and then receive your EAD (30/90days).To stay legally here forever you have to file for adjustment of status(I-485).

Thank you both of you guys. I confuse now... My lawyer told me that VAWA System has work card n SSN...

He said, I have a two options. I apply VAWAI(I-130) with I-485 n I-765, or i apply only VAWA(I-130) That way, maybe i receive Vawa approval one year after, then i can apply I-485 n I-765, maybe i receive work card n SSN 3-4month after i apply those, but even if i canceled it I-485, still i can use work card n SSN, because those are with VAWA.

I have a VAWA mean's i have a little possibility of deport, VAWA is not Status but i can sty in US n i can use SSN n can renewal my work card every year, that's what i hared from my lawyer.

If it's not the truth, do u know how long can i use work card n SSN if i have only VAWA?

I going to apply VAWA ＋ Uvisa too, my lawyer said if i apply for VAWA with I-485 n I-765 then if i get denial, still they can't deport me if i in the process of Uvisa at that time, It's that correct?

And i maid another topic but that would be nice if you guys know about thais. I need it move my money from my Bank account from my country to US or from my Family or friends. Dose immigration check my Bank account in China or US? They could suspect my Illegal work if i get money to my Bank account? Or immigration never check my Bank account? Or immigration suspect me, only if i get money from some Company?

[Chun yu 0]

I mean, if i get only VAWA, denial I-485 n Uvisa, what happens? ICE doesn't deport me but i have to go back to my country anyway? Is it possible to find a another way to sty in US? I used VWP when i came here, so i can't get any visa if i couldn't get GC or Uvisa this time?

[Hypnos 6,578]

If your I-485 is denied then usually ICE will initiate deportation proceedings against you.

After your VAWA I-360 is approved then you must file an I-485 to successfully adjust status and be able to legally remain in the US; there are no other options.

Edited October 27, 2013 by Hypnos

[SingleDad2usc 71]

This year, all properly submitted I-360 get approved. So are 1-year EADs (you receive card in 1 month). Deferred action lasts a year-and-half, you're PRUCOL during that time. But then, if you don't succeed at I-485 interview, you're out of status again.

[Sandra G. 5,057]

singledad Immigration does not recognize as an immigration Status PRUCOL, this category was created by the Court for public benefits elegibility category, we say when a person was granted deferred action he/she is in the U.S under "deferred action status".

[SingleDad2usc 71]

Sandra can always correct me on immigration points, thank goodness.

I'm sure USCIS wants nothing to do with people calling themselves PRUCOL. But fact of the matter is that once USCIS has issued such person a paper ( deferred action notice, in this case), that has acknowledged person's presence on the ground, outside of valid temporary visa, and as long as USCIS is not seeking to remove that person - the person is PRUCOL. A step above the undocumented