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

[Sandra G. 5,057]

singledad YOU can call them how you want, but we (lawyers,IJ, USCIS and ICE) never ever refer to aliens with deferred action as a Prucol, it does not exist this status for immigration purposes,as I said before.When we submit Vawa we ask to be granted "deferred action status".

[Sandra G. 5,057]

First of all when you file VAWA you don't file I-130 BUT you file I-360!.

Once denied your Vawa you should not use your EAD anymore, will USCIS knock your employer's door to tell them your vawa was denied? NOPE, because legally speaking your EAD will be not valid anymore , and morally speaking do not dare to take advantage of anything in this Country when you are not entitled to. Your lawyer it seems doesn't know Immigration at all.

You will get your EAD because you will file I-485, once you cancel I-485 your EAD is not valid anymore,period. As a Vawa filer you just get EAD in two circumstances one if your Vawa is approved or if you have a pending I-485.

No you CANNOT renew your work permit if your Vawa is denied, my dear or you don't understand what your lawyer is saying or your lawyer is a bad lawyer, and he should go back to Law school asap.

If you have a U pending they will not deport you until adjudication of your case.

[SingleDad2usc 71]

To confirm, the term PRUCOL doesn't come from USCIS, nor is it used in dealings with USCIS. But outside of dealing with USCIS, we'd like not to be considered undocumented or illegal or out-of-status. This is what you said in benefits topic:

"The welfare reform statute (PRWORA-P. L104-193) states that there are a 5 year bar for some qualified aliens, and battered spouses have a 5 year wait before they are eligible for food stamp,now called SNAP. Some States approve food stamp applications before the 5 year limit, but it's not stated in the Welfare Reform Statute, but they should consider you have a Prucol status because you have a pending vawa case. Probably they will consider you Permanently Residing under the color of the Law (Prucol)but they won't pay retroactive at all.Good luck.

Edited by sandranj, 16 July 2013 - 09:45 PM.

Your opinion above was supportive, and I don't think it should apply solely dealing with Public Assistance. OP was interested what might happen if VAWA is approved, with year-and-half deferred action - but then I-485 is never submitted. Or as a second variation, I-485 is submitted and later denied. In all those variations, what is the status at different time periods?

[Sandra G. 5,057]

singledad the State refers as Prucol Status, but as I said not USCIS.

If the person had Vawa approved with deferred action and didn't file AOS in 18 months then when the deferred action period is over the person will be out of status, and of course the alien can't renew the EAD anymore.If is I-485 denied the alien will be removed from the United States.

I will answer all questions regarding Vawa in the thread vawa part 4.

[Chun yu 0]

I went to Domestic Violence shelter when i left my husband, then they told me that place where at he works. But now i don't know i can trust him or not.

Sorry i was wrong I-360 not I-130. I did't app anything yet because i don't understand any of it....

So if i had VAWA approved, i have to app I-485 in 18 months if i don't, I can't app I-485 anymore, i will be out of status, I can't renew EAD.

VAWA doesn't give me a SSN or EAD. I will get SSN n EAD because i will app I-485, n if i get I-485 denied i can't use SSN n EAD, they will remove me, That's why a lot of people app I-485 after get VAWA approved, but if i choose that way i can't get SSN n EAD for year or more, Is that correct??

App for VAWA with I-485 then cancel it I-485 after get SSN n EAD, then app I-485 again when i get VAWA approved, can i do this??

[SingleDad2usc 71]

This is no laughing matter, but you gave me something to smile about. Only in China LOL

[belinda63 3,041]

The EAD is tied to the I-485 app. After you apply for the I-485 you are eligible to receive the EAD (if you qualify). If you withdraw the I-485 or if it is denied your EAD is no longer any good. You might still have the physical card but it will come back as not valid if run through e-verify. Also you and your employer could get in a ton of trouble if you work with and expired or cancelled EAD.

No pending or approved I-485 = no valid EAD.

[Chun yu 0]

The EAD is tied to the I-485 app. After you apply for the I-485 you are eligible to receive the EAD (if you qualify). If you withdraw the I-485 or if it is denied your EAD is no longer any good. You might still have the physical card but it will come back as not valid if run through e-verify. Also you and your employer could get in a ton of trouble if you work with and expired or cancelled EAD.

No pending or approved I-485 = no valid EAD.

But how about apply VAWA with I-485→get EAD→Cancel I-485→get VAWA approved→apply I-485 again?

Because my attorney saying that i can cancel my I-485 n i don't know why he saying that...

If i apply VAWA with I-485 then i get denied my AOS, they remove me but, If i apply only VAWA then apply I-485 after get VAWA approved, they don't remove me?

[belinda63 3,041]

As soon as you cancel the I-485 the EAD is cancelled. You will not be able to legally work if you cancel the I-485.

[Hypnos 6,578]

You cannot do as you suggest for reasons already stated. As soon as you withdraw the I-485 then the EAD which depends upon it is also invalidated.

[Sandra G. 5,057]

Definitely you need to find a lawyer... a decent one.

[Chun yu 0]

I Understand i can't use EAD if i canceled I-485. My question is if i canceled I-485 one's then i can not apply I-485 anymore?

I want to change my lawyer but i don't have money n he is a Pro bono.

[Chun yu 0]

I moved to VAWA4 thank you guys!

[belinda63 3,041]

Instead of spamming the entire forum with your question how about you start your own topic?

[Ontarkie 14,369]

~~Post removed for hijacking~~