Confused about next step

[SunEdays 0]

Hello to everyone! I am new to the site and have been searching for situations similar to mine but will instead post my own question.

I have approved VAWA since august 2012. I also have EAD that is to expire April 2014. Six months ago I had legal aid start I-485 but didn't have money or can't drive to get vaccinations. So i couldn't turn in I-693 to legal aid. Attorney said to return call when I get vaccinations. I callled back and they said they dropped my case! Do I need legal aid? Can I do it myself? Having hard time finding legal aid nearby. Should I schedule my vaccination appointment right away regardless if I have legal aid working on I 485 to get things moving faster? Thanks so much if you can help

[Hypnos 6,578]

You can file an I-485 fairly easily by yourself.

I did a post about a similar subject a week or two back, so I'm just going to link that. It explains the documents you need to submit with the I-485 when your I-360 has already been approved: http://www.visajourney.com/forums/topic/473274-evidence-for-1-485-self-petitioner-via-vawa/#entry6732297

The Department of Justice maintains a list of organisations that can assist with immigration matters, usually for free or a nominal fee. You can find a list of those here: http://www.justice.gov/eoir/probono/states.htm

[SunEdays 0]

You can file an I-485 fairly easily by yourself.

I did a post about a similar subject a week or two back, so I'm just going to link that. It explains the documents you need to submit with the I-485 when your I-360 has already been approved: http://www.visajourney.com/forums/topic/473274-evidence-for-1-485-self-petitioner-via-vawa/#entry6732297

The Department of Justice maintains a list of organisations that can assist with immigration matters, usually for free or a nominal fee. You can find a list of those here: http://www.justice.gov/eoir/probono/states.htm

Thank you Hypnos! I understand the documents i need. As I read, phone call, and email for all the help i can get, I realize now that i have to pay fees for AOS and I-693 vaccinations for me & my daughter! I don't know how I will get the money? Even though VAWA allows me to self sponser I guess USCIS don't care that some jerk brought me to this country and abuse me and now I am on my own with no job and can't drive. Easy to file forms but how to pay for two people?

I still have question...Do I have to file AOS right away? Or can renew/extend EAD which expire in this April? How can I buy time to pay for AOS stuff or is that what I HAVE to do before current EAD expires? Thats why im confussed about next step, not just if I can file I-485 alone. I have several agencies, phone calls, and messages pending including my attorney who was filing my I-485 but decided to no longer handle immigration. Week after week i wait for these agencies to call back and it always several days delay, and then "sorry, we can't help you!" Getting stressed less than 3 months till EAD expire and havent even found help to start Thanks again for any support here!

[Hypnos 6,578]

If you have an EAD based on a period of deferred action USCIS gave you after your I-360 was approved then I believe you can renew it, but only within the deferred action period. I believe they usually give you two years of deferred action, so if you still have some of that time then you should be able to reapply.

You can ask USCIS to waive the fees associated with your I-485 by submitting an I-912 with your I-485. You should read the I-912 instructions here: http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf particularly page 2, which shows the three main categories of people who are able to receive a fee waiver.

You cannot, however, waive the I-693 fees for the medical you need to have performed by a civil-surgeon. You can shop around and see who will do it for cheapest near you (put your zip code into https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV and it will tell you civil-surgeons located near you), but it will probably run at $200 at the minimum.

We have a thread here for VAWA-related questions, you may want to check it out and post there for further help and responses: http://www.visajourney.com/forums/topic/435545-vawa-part-4/

Edited January 15, 2014 by Hypnos

[SunEdays 0]

Thank you very much for such good info. You are a great help! I will see VAWA section. Also wonder if you know how to tell if my EAD is defferred action?

[Hypnos 6,578]

What is the category code listed on your EAD?

[SunEdays 0]

Thank you very much for such good info. You are a great help! I will see VAWA section. Also wonder if you know how to tell if my EAD is defferred action?

I looked at EAD and papers and it is valid for 1 year. Expires this April...ughhh! And Daughters expire in March! Will I be out of status? or if I file I485 by EAD expiration date am I safe?

What is the category code listed on your EAD?

c31

[Hypnos 6,578]

C-31 is Deferred Action, so that makes sense.

You are probably already out of status (you don't specify when you arrived or on what visa) so the EAD expiring will not directly affect your status.

Once you file an I-485 this will place you in a new period of authorised stay which will persist until that application is adjudicated.

[SunEdays 0]

arrived 10/2010 K1 visa, then had EAD with AP expired 2/12. VAWA approved 8/2012. EAD C31 issued 4/13 expires 4/14. So if I have valid EAD im not out of status? And if it's deffered action should EAD show valid for 2 years, or show 1 year then renew for 1 more? Is deferred action automatically 2 year or just sometime? If I file 485 when do I start "safe pending" period? After I mail it or after NOA? I would like to just renew EAD for 1 year to give time to get money for 693 because otherwise I have only a couple months to get it all done before EAD expire.

[Hypnos 6,578]

As I understand it, you are already out of status, but your period of deferred action essentially means USCIS are ignoring your "out-of-status-ness" for a set period. The exact amount of deferred action you were granted is usually listed on the I-360 approval notice, but was probably two years, as I believe this is the normal period granted by USCIS after an approved VAWA I-360.

You can file your I-485 based on an approved VAWA I-360 even when out of status, but obviously it's best to file ASAP so you don't have any complications that can arise from being out of status.

Your status is protected from the day USCIS receive your I-485 and approve it for processing. This date will be listed on your I-485 receipt as the "received" date. You can file for a new EAD at the same time you file your I-485 by enclosing a new I-765 application in the packet. You should use the category code C-9 (adjustment of status applicant). There is usually no charge for filing an I-765 with or after an I-485, but that's only for people who have paid the I-485 fee. If you are going to apply for a fee waiver for the I-485 then you should ask for a fee waiver on the I-765 too, and provided you meet the fee waiver guidelines likely both fee waiver requests would be granted.