Vawa Part 5

[melanieuk 19]

Sandra,

Still about the bans and inadmissibility issues to leave the US and coming back under the Advanced Parole document.

I found this document http://www.ilw.com/immigrationdaily/news/2009,0515-neufeld.pdf - I'd like to call your attention to page 18's example. They are pretty much saying that the departure and subsequent re-entry under the Advanced Parole will not trigger the bans.

Still better safe than sorrow.

Edited August 16, 2014 by melanieuk

[islandinthesun1 1]

So exactly 8wks after my interview i recvd an update that my card has been ordered. What a great early morning / weekend news :-). Couldnt be happier. My journey is almost coming to an end.

[Sandra G. 5,057]

Melanieuk despite the USCIS memo and decision from the BIA.I still advise not to travel abroad before getting the GC. The memorandum you posted is from 2009 and the USCIS ombudsman warning is from 2014.I saw many people that traveled with AP and reentered without any problem, but I saw many people that they could not reenter as well.Last year I attended a wedding, and the groom best man suppose to reenter in the US the night before the wedding,but at the port of entry they did not allow him to renter,even with a valid advance parole.

http://www.dhs.gov/ombudsman-update-advance-parole-tips

Travel Warning Regarding Unlawful Presence

If you were unlawfully in the United States for certain periods of time and depart the country, you may not be able to return. Read more about unlawful presence.

Unlawful Presence

If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.

If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure. If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.

Edited August 16, 2014 by sandranj

[Sandra G. 5,057]

islandthesun CONGRATULATIONS.Praise the Lord.

I remember when i helped you to answer your RFE about bonafide marriage and abuse.As everyone can see, being abused is not enough you need to have your Vawa case well handled .Islandthesun had a Vawa case,but the way her case was submitted, she could not prove abuse and bonafide and got the RFE,but with some explanations her case was approved.I am very happy for you my dear.

[Ana-stas 0]

Hi everyone, congrats on all new approvals:)

Sandra, please help me again. My vawa case has not been touched for 19 months. Do I need to wait more? Or send them a letter saying I will file a writ of mandamus? Can it harm my case? Nothing else seems to help. And they do not issue me a prima facie. Mine was expired on June.

[Sandra G. 5,057]

ana-stas go to infopass to ask them to find out what's going on with your case, then ask your congress person to inquire on your behalf,sent to vawa Unit a letter to request information about your case, and if after everything they do not adjudicate your case then I would "threat" them with the writ of mandamus.I heard people in the VJ saying that if the alien does something like this it will hurt the case, that's no true at all.I just no threat them with the mandamus I actually filed a few mandamaus and all cases were approved without any relatiation

[Ana-stas 0]

Thank you a lot dear Sandra for your response. I actually inquired Ombudsmam, congressman, went to infopass, e-mailed VSC amd vawa hptlime multiple times, sent a letter to VSC, filed e-requests for a few times, called to uscis hotline and talked to an officer. Nothing helps!

Do you have any sample letter to VSC saying I will file a writ of mandamus?

Thanks in advance

[islandinthesun1 1]

Thank you Sandranj. You have been of tremendous help. You were one of the 1st persons i wanted to tell when i heard this morning. I sent you a message on whatsapp but didnt hear back from you. Thanks again

[Faith38 37]

Missymd,my case was approved the same day but i got my card in eight days. I really hope you get your card soon i know it is a long journey but there is a light at the end of the tunnel. I filed my case in 2011 so i know its hard i almost gave up but i have a very good lawyer that really encourage me and have a good success rate at this kind of case.

[Sandra G. 5,057]

islandsun for some reason my whatssup is not working anymore,add me please in the viber ok,

[Sandra G. 5,057]

ana-stas I had the letter,but it was in my old laptop,and I lost all documents saved in that laptop.I will try to get a copy this week with some people that I emailed the letter, and I let you know If they email me back a copy of the letter ok

Edited August 17, 2014 by sandranj

[Ana-stas 0]

ana-stas I had the letter,but it was in my old laptop,and I lost all documents saved in that laptop.I will try to get a copy this week with some people that I emailed the letter, and I let you know If they email me back a copy of the letter ok

Thank you a LOT dear Sandra.

[Czzr 13]

Hey everyone! Hope all is well.

congrats on all the new approvals!

Just got my plane ticket to mexico.

I can travel with just my GC and my mexican passport right?

[Sandra G. 5,057]

CZRRR make sure your passport is valid for at least 6 months ok. Enjoy your trip.

[Czzr 13]

yea its valid until 2016 . i though i needed to get a usa passport. then i was told thats only for citizens. .. i felt silly. but im pretty sure i should be good with my mexican passport.

Thanks Sandra!