VAWA, Part 6

[onye uwaoma 131]

I have something very interesting to tell you folks, one of the girls here that I handled her VAWA and AOS had her GC approved yesterday WITHOUT INTERVIEW! I read today " On xxx we registered your permanent resident status and mailed your Welcome Notice. Your new permanent RESIDENT card should arrive by xxxxx"

You have offered hope and strength and support to individuals, who otherwise were struggling to live in this beautiful country legally and free of violence. May God bless you!

[Sandra G. 5,054]

onye uwaoma thank you for your kind words.

"When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me."

( Erma Bombeck)

Edited July 22, 2015 by sandranj

[onye uwaoma 131]

onye uwaoma thank you for your kind words.

"When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me."

( Erma Bombeck)

amen!

[Villanelle 4,122]

Very interesting. I wonder if that's some kind of policy change.

Like I stated somewhere before we only know what we know by either from our own personal experience or from the experience of others, who volunteer to share in the forum. I don't know if it is a matter of policy to have every Vawa petitioner interviewed, but what I do know is that there's always an exception to every rule. If a case is convincingly beyond any iota of doubts what is the need to waste time scheduling and organizing interview if I may ask you?

I find this fascinating as well.

First I want to say I wholeheartedly agree with the sentiment that interviews should be waived if there is clear and convincing evidence- just like they do for basically every other group. I too dont see the point in clogging up the local offices with unnecessary work. Plus when you read a memo like the following (which is a survey of the process) it gives a less then impressive view.

http://www.immigrantjustice.org/sites/immigrantjustice.org/files/SURVEY%20REPORT%20on%20VAWA%20Adjudications%20at%20Local%20USCIS%20Offices%2005%2025%2012.pdf

This was news when they were trying to pass the VAWA re-auth act in 2012. Some may remember there was a lot of issues when it was trying to be passed. For those that do not click links the pdf file is a report containing a survey of 11 respondents at 44 different field offices "Respondents were also given the opportunity to provide additional comments, which generally centered around four key topics:

Widely inconsistent experiences and treatment from different officers

Lack of knowledge of VAWA laws, regulations and policy guidance

Lack of sensitivity to victims

General comments about positive or improving experiences "

It also refers to potentially having 2 interviews (as the bill was once written) once at the 360 stage and once at the 485 stage- which they concluded would be disastrous.

The current HR4970 (https://www.congress.gov/bill/112th-congress/house-bill/4970) states:

Title VIII: Immigration Provisions - (Sec. 801) Amends the Immigration and Nationality Act to direct the the Secretary of Homeland Security (DHS) to consider any credible relevant evidence, including evidence submitted by an accused U.S. national or permanent resident, in adjudicating an application for cancellation of removal by an alien who has been battered or subjected to extreme cruelty.

Provides that: (1) permanent resident self-petitions for a battered spouse, child, or parent shall be adjudicated at local U.S. Citizenship and Immigration Services offices and shall include an in-person interview with the petitioning alien; (2) a petition shall not be granted unless it is supported by a preponderance of the evidence; (3) a local office shall determine whether any federal, state, territorial, tribal, or local law enforcement agency has undertaken an investigation or prosecution of the abusive conduct alleged by the self-petitioning alien, and if so, shall obtain and use appropriate information in adjudicating the self-petition; and (4) adjudication of the self-petition shall be stayed pending the conclusion of such an investigation or prosecution.

So the people giving VAWA advice (for the most part)-or at least the trusted users- do so based on policies and laws not soley based upon user experience- which makes the case referenced above (someone going through w/o interview) a very interesting statistic.

--

I would also like to add that while the memo above does make the interview process appear in a poor light- those currently in the process should not be disheartened. As stated this forum is full of user experience- and I think most agree that while the entire situation is unpleasant and uncomfortable and could be much much better its just. well its just a process to endure through with a very bright light at the end of the tunnel. If you are here reading its because you are seeking support and knowledge so you are already a step ahead and prepared and will make it through(survive) just as the many others in Vawa thread 1,2,3,4 etc etc have before you.

[Amika 1]

Hey Amkah, i did the infopass and they said my file finally reached them, now they are waiting to schedule for interview. Hopefully i wont have to apply for a new work permit, praying it moves swiftly.

that's good news, at least its now at the right place,.........I really hope its gonna come soon for u u ve been waiting so long,........I will pray for you and everybody else here to get their interview notices soon, well just update me whenever u get ur notice, im still waiting as well:0

hey guys also what kind of loans can I get if I wanna go back to school or if I even qualify since im still waiting for GC? anybody has experiences?

[Angel66 4]

Hi all and Sandra,

just wanted to let you know I just received email and text telling me that my EAD has been ordered. So now just one more step to go. I so hope it doesn't take much longer as we really need to travel.

Sandra, just an update. You helped me with my papers and advised me that my mother's doctor should send a letter about her condition. I received the doctors letter but I didn't think it was very helpful to be honest with you. The doctor listed my mother's condition and stated that my mother would like to me visit. There was no mention of any urgency so I didn't submit it to USCIS.

However, I have another situation and have arranged infopass for next week. Now that I should have EAD I'm not sure if I should still attend appointment. My daughter has a medical condition which requires treatment. She has been trying to hold it of as she prefers to be treated back in the UK. One because the medical fees are so expensive here and there could be a possibility that she requires more intervention than the MD can offer.

My daughter has a condition which she has not sought treatment for here. Is that going to make it harder for her to prove that she needs treatment at home? I just wondered what your thought might be. I was considering letting her to see a doctor here which will cost me $100. State of Florida does not do Medicaid for people like us so we will not qualify.

Any feedback suggestions would be appreciated.

[Sandra G. 5,054]

Angel66 your child can have Medicaid.Did you apply for Medicaid using the prima facie?. USCIS will not expedite your case if your daughter can get Medicaid in the USA.

[Angel66 4]

Sandra, you might remember in Florida we were not eligible. She isn't a (Child) so to speak she is 19

[Sandra G. 5,054]

Angel666 You have to submit to USCIS proof that in FL she is not eligible to get Medicaid.The burden of the proof is yours, then find the Law/statute etc stating FL does not approve Medicaid application for aliens with prima facie.Submit proof that she needs treatment and then ask to expedite the I485.

Edited July 26, 2015 by sandranj

[Angel66 4]

Angel 66 I contacted in Washington the Department of Health and SOcial Services and they confirmed that your State does not provide Medicaid if the alien is not a resident permanent of the USA for 5years and FLorida does not treat different DV victims,that being said your State sucks.

Hi Sandra, based on your response where you say the onus is on me to prove I'm not eligible for Medicaid, I was just going back to a previous convo we had in January. Where would I be able to get this information to present to the USCIS?

Thanks

[Sandra G. 5,054]

angel66 ask Medicaid which Statute/Law states that an alien with prima facie is not eligible for Medicaid in FL,if they do not tell you then you have to search about it.(FL Department of Health and Human Services)

Edited July 27, 2015 by sandranj

[*Forever*Always* 9]

Is it normal to see no updates on the USCIS website? I was checking to see for the EAD since I haven't gotten anything since the my biometrics letter... Thanks!

[Sandra G. 5,054]

Mami of2 USCIS is not reliable.

[mamaof3! 9]

sandra, i sent you a pm. thanks

[Skazzka 6]

Hello everyone. First I want to thank Sandra and everyone on this forum. I have found a lot of useful information about VAWA. I have a question if anyone can help me. I have received my prima facie in the end of April and now waiting. I didnt get any RFE or anything. How long usually takes for USCIS to send decision on the VAWA case? Does anyone have the same timeline like mine?

Thank you in advance.