Denied I360 VAWA case re-opened due to I290b appeal

[AT20000 38]

People have to stop with this bs thing why you don't go back home. Nobody abused has to leave this Country ,there are laws to protect them.Many people left everything behind,sold property,gave up their dream job and the alien gets here and suffered abuse ,why the alien has to go back home?to have the family support? Sometimes what the alien needs is here ,such as to find justice,to find peace,to find a new meaning in life,and going back home sometimes is not the answer.

Join is in the thread vawa part 5.

OMG Sandranj, I was about to react the exact same way! Thank you for being faster than I am.

Really what the heck is wrong with you people? If you were in such a situation would you like to be told the same thing? How about you uproot your kids from their school, and move back to your own country with your USC spouse, huh? This can be done also, right? So, how's that for a solution? Foreign born spouses are not some kind of kleenex that USC can toss at will once they have abused them enough or found another victim.

I would ad for the poster who said that it was not meant in a bad way, that we are all -supposedly - adults here. In other words, we are supposed to THINK before we write anything. This is not advice, it is rejection. It is time to stop the "I am going to be more xenophobic than the local themselves and go kick some a*** on VJ!" attitude between immigrants. We are here TO HELP, remember?

Leilabird, PLEASE do not lose hope. Focus on your case, there might be a mistake somewhere, I cannot believe that they would deny your case knowing what you just said. If I may, if I were you, I would change lawyer as there is no reason for this to go south with such a strong case. My lawyer has been amazing, I got approved for cruelty in 3 months and 2 weeks so please hold on.

Just a suggestion, when you got married you had to give his birth certificate can't you go back to where you guys got married and plead your case to the person in charge of the records? I mean if you take his 2nd degree murder indictment, I doubt they will not believe you. They should have kept a copy of his birth certificate.

[HollyGolightly 72]

Is there anyone who can answer my question? 4 People replied so far. Nobody answered my question. I don't need you people feel sorry for me or whether or not my story is true. You guys don't know the answer, please find something a litte bit more entertaining.

How do I delete this? I need an aswer for my simple question.

Sorry, it is tough to give sound advice without having all the facts laid down in front of you. Based on what you've already mentioned, it seems like your attorney was successful in having your case reopened through the notice of appeal (or reconsideration, motion to reopen) form I-290B. That could be a good thing because it means USCIS is looking into their previous denial and could possibly reverse that decision.

With regards your other concerns-- it seems you have people helping you and a (fairly) competent attorney representing you. They will best know how to advice you with the legal nuances of what you are now facing. They have all the facts and know the case in detail, and will be in a better position to asses your situation. I'm sorry if no answers come to you from this site (or thread). I can tell you "I understand" but I really do not. I can only empathize with what you're experiencing and feeling but only you know how tough it really is to be living your life and going through what you have gone through. Remain brave and keep fighting for the justice you deserve. Do not lose hope. Good things will come to you.

[leilabird 18]

Thank you for your support. I appreciate it. I will keep you guys updated

[Ebunoluwa 6,136]

I know you are stuck with the free attorney for now and have no resources to pay for a more competent one but many immigration

attorneys give a free consultation in person or on the phone to answer your question. Some charge a fee for a 15-30 min consultation.

I had situations where I did short free phone consults and it has always helped me to see clearly and plan my next step.

You can call 5 or more different attorneys and ask about the birth certificate and hopefully get a bit more clarity and perhaps a lead

on a chance to help with your specific question.

I totally agree that the mantra "You need to go home" gets old here and is so often overused and just 'does not fit' the situation.

I am sorry for your trouble and wish you the best ! You can do this, be strong.

[novedsac 355]

I don't quite understand whether you are divorced yet or not. If you are still engaged in the divorce proceedings, include a request for a copy of his passport and/or birth certificate as part of the discovery motion. If he doesn't provide, file motion to compel and the judge will order him to provide and hold him in contempt if he does not. It is very common to request a full copy of a passport during discovery; birth certificate not so common, but I don't see why not.

[leilabird 18]

My husband was supposedly watching our son while I was with his Grandma in next town. He partied with his friends and used illegal drugs and alcohol excessively. When I got back home, there was nobody in the house and my 3 month old baby was in his room by himself and e.xtremely dehydrated for hours. We rushed him to the hospital. He couldn't make it, he passed at the hospital. The prosecuters believe he left his child in danger on purpose. So he's charged with 2nd degree murder and child neglect charges.

[Boiler 46,076]

Sounds U as an option.

[leilabird 18]

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

[leilabird 18]

My case is 100% VAWA. He had to get into a jump suit a couple of times for domestic violence. His current charges have nothing to do with my VAWA case.

USCIS approved all of the counts except his citizenship.

He sure is a us citizen. The burden of proof is on me. We appealed and they re-opened. I will see how it goes. If they deny again, I will go to a federal court, that will give me an awesome opportunity to show how much I deserve to win this case.

My case is 100% VAWA. He had to get into a jump suit a couple of times for domestic violence. His current charges have nothing to do with my VAWA case.

USCIS approved all of the counts except his citizenship.

He sure is a us citizen. The burden of proof is on me. We appealed and they re-opened. I will see how it goes. If they deny again, I will go to a federal court, that will give me an awesome opportunity to show how much I deserve to win this case.

[leilabird 18]

I read the successful stories of VAWA. It makes me think how unfortunate I am. If I had the copy of his birth certificate, I would have gotten approved. I cried everyday asked God (not mentioned my case) but to give me a strength to go thru this. I haven't held a single dollar at my hand for two years. Never eaten at anywhere else but a shelter. Knowing that I'm fully employable and capable of accomplishing everything I want is a nightmare. I have no freedom. I go volunteer a lot. I have to come back to shelter for lunch to eat because I can't buy food. My family thinks I'm doing great.

Thank god for these generous people who are helping me

[Caryh 5,206]

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

I'm still married to him. He is in ND and I'mresiding in IN right now. I had to move as far as I could so he wouldn't stalk me. I was afraid he would find out where I am at If I'd filed a divorce.

My attorney kept saying that the evidence we provided was more than enough. They never asked for additional evidence during the process. Once it denied we had only 33days to appeal. So all we could do was to make a legal argument which my attorney did

You can get a court order to get a certified copy of his birth certificate in ND.

[leilabird 18]

Yes I'm aware of that. ND vital department website explains it. But we had only 33 days to appeal. I asked my attorney how to get a court order and no response from her. Idk what court I should go and get an order.

[Caryh 5,206]

Yes I'm aware of that. ND vital department website explains it. But we had only 33 days to appeal. I asked my attorney how to get a court order and no response from her. Idk what court I should go and get an order.

If you were in divorce proceedings, that would be a good place. I'm not a lawyer, so I really don't know where for sure. Maybe Sandraj will chime in on this. Did you join the VAWA thread? You really should get in there and ask this question. As far as I know, if you're in the appeal stage, you can't add new evidence, you'd have to prove it was wrong of them not to send an RFE for needed proof, and get the case reopened before you could add it. If the case has been reopened, then you want to get it as soon as possible. I really don't know what the current legal status of your case is either.

[leilabird 18]

Yes Sandra gave me an answer. My attorney sent a request to a supervisor for review after denial. The USCIS re-opened it for now. I'm a nerves wreck. I'm traumatized by the first denial decision.

Hope it doesn't take too long this time

[gurunath 0]

Hi

We have read your thread. Me and my brother wanted help you. We know good lawyer who helped us get our green card.We would geniuenly like to help you if you trust us. We wanted help you because we were also helped by so many people.