VAWA, Part 7

[Oti 1]

Congratulations Oti.

Thanks Sandranj. Do u think how long is gonna take for me to have my GC on hand?.

Though the lady told me to wait for two weeks.

[patienceisvirtue 8]

Hi Sandra- firstly you are a life saver on this site and provide hope to readers daily. If you can please read below and provide guidance.

here are the Current status:

i-765

On March 24, 2016, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number EACxxxx. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by April 23, 2016, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

i-360 (they wanted police clearance so I gave them that)

On May 12, 2016, we received your response to our Request for Evidence for your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , Receipt Number EACxxxxx. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

how much longer for the EAD to come in? My lawyer says once the i360 gets approved then we will apply for i485. It will be 60 days since i filed i765 and i360 - I am worried about the EAD because I have no source of income.

[Freeish15 3]

@patienceisvirtue

I understand your frustration with the waiting process... As in regards for the EAD process I know it

1. takes a max of 90days for approval ( some people have even waited for over 90days?)

2. Depends on what category you filed for c(9) or c(31)-means it will be processed after your I-360 approval but you have to check with your lawyer how it was filed.

3. if you need it sooner you have to request an expedite and give reason why in your case I believe it is financial hardship. this request must be done in writing to USCIS. Some people have been successful by calling them but for most VAWA cases they want it in writing.

I am also in the process of waiting for mine to be approved. I hope this helps but I know Sandra will advice you better.

[Sandra G. 5,057]

patiencesvirtue you won't receive the work permit until your VAWA is approved because you did not file I-765 along with form I-485. You would receive the EAD in 60/90 days if you had submitted form I-485 , but because your attorney didn't submit then you will not get until your VAWA is approved. The VAWA takes 4/6months to be approved.

[Sandra G. 5,057]

Fresh15 the paticenceisvirtue can't ask to expedite her EAD because the Immigration Law does not issue the work permit for category C 17 or C31 BEFORE VAWA APPROVAL, just for category C 9, it's not her case since she doesn't have a pending AOS.

OTI it takes 10 /15 days after the interview to get the GC when the IO approves the GC on the spot.

[patienceisvirtue 8]

I filed under c-31. My lawyer says to wait until i360 gets approved and then the EAD will come (at first he said 90 days max the EAD will come). Now I am being told 4-6 months. Should i apply for the i485 now? That means there is a risk ($1040 fee to be lost if this is denied). Also my situation is whereby this is the 2nd time i am applying for the i485 (the first time it was denied because my husband refused to provide the RFE docs they requested).

What shall i do? Apply for the i485 now? Will booking an info pass mtg help?

[Freeish15 3]

Thanks so much for clarifying that Sandra?

I did not realize that patienceisvirtue had not submitted the I-765 together with the I-485 that would be under ©9 so in my post #1 & 3 will not be options. Sorry for the error. You are always a Blessing?

[Freeish15 3]

@patienceisvirtue

The only risk of applying for the I-485 before your I-360 is approved is that if it gets denied you will be placed under removal proceedings. The advantage though is that you get your EAD BUT its up to you and your attorney to figure out whether you have a strong case.

[patienceisvirtue 8]

Thank you so much Sandra! this is a BIG help. the only thing I heard back regarding the i360 was that they wanted price clearance report - I sent them the report from Canada and from FL and on May 12th they confirmed receipt of the documents. I am just hoping and praying now that my file gets approved. I am however disappointed that my lawyer gave me false pretense that the EAD would come first. USCIS said that if i previously submitted my biometrics within the past 8 months that they will most likely use what they have on file.

As of yet I have no clue of where they are in the process - if my attorney calls will they inform him?

thank you also @freeish 15

[NEVER GIVE UP 3]

Hi Sandranj and other experts,

Its been a long time, since I posted in this forum. I field my vawa in May 2015 but have received any response from them. Online it still says that they have received my application but after that nothing. I did file for EAD in September and received work authorization in less than 15 days but never heard again from them regarding I-360.

I have no rfe or anything. Even prima facie that I initially received expired which I never used. Since I was able to get EAD I found a decent job with big firm and never required public assistance. (Also I have been paying taxes for last 7 years)

What are my option now, should I do info pass, I keep calling my attorney but she keeps on telling me to wait. I missed so many opportunity because most employer wants a GC or US citizen for employment. Also initially I saw psychiatric but as I kept my life busy I tried to move on. Sometimes I still have nightmares. I also think that my lawyer never submitted my story but it was described by psychiatric evaluation. Also I had few testimony from friends and co-worker which I received after I filed my case and were never submitted. Should I continue to wait or just send them.

Your feedback would be highly appreciated.

Thanks

[Oti 1]

OTI it takes 10 /15 days after the interview to get the GC when the IO approves the GC on the spot.

Thanks Sandranj

[Amandla 0]

@Amandla

Take courage my dear you too will receive the good news soon. You are in my thoughts and prayers???

Try stay positive even when all seems silent. APPROVED you will be!!!!!

Thank you Freeish15 this waiting game is joke but im keeping myself busy up until u get that notice in the mail.

[Amandla 0]

Fresh15 the paticenceisvirtue can't ask to expedite her EAD because the Immigration Law does not issue the work permit for category C 17 or C31 BEFORE VAWA APPROVAL, just for category C 9, it's not her case since she doesn't have a pending AOS.

OTI it takes 10 /15 days after the interview to get the GC when the IO approves the GC on the spot.

Hello Sandra

I would like to know the estimate waiting time for the notice to arrive in the mail,if it was not approved on the spot by the officer the day you went to the interview.

[Sandra G. 5,057]

Pacienceirvirtue You submitted before the I-485 and the AOS was denied then if your I-360 is denied you will be removed from the U.S. considering the previous I-485. That being said there is no reason for your attorney to wait to file a new I-485.

[Sandra G. 5,057]

Charlie123 Your case is outside processing time then go to infopass and file an e -request online as well.Write dow to the USCIS ombudsman as well.

https://infopass.uscis.gov/

https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=abc78XSCLqha06OSsaptv?entryPoint=init&sroPageType=onpt

https://cisomb.dhs.gov/oca/form7001.aspx