VAWA, Part 7

[Sandra G. 5,047]

Hi folks, thanks for the messages of happy birthday, private messages and emails.

[kmogens 1]

How does VAWA COR work for the undocumented? I think only an immigration judge can grant it so you have to have an NTA/be in removal proceedings to qualify. Do you get a green card as soon as VAWA COR is granted? What do you need to prove in court?

[carguy87 3]

Happy belated birthday Sandra!!!

Hello folks,

I have a question regarding I-360 form as it follows:

Can we use PO Box number for correspondence mail from USCIS for I-360? Since I cant use permanent home address as the abuser live there, too.

Please let me know what I can do for situation like this?

Thanks

mercifulgod, yes, you can use a PO Box. I used a PO Box to receive everything from USCIS but you do need to also list your physical address. They will not send anything to that address, they just need to know where you actually live for the time being.

[Nyash89 0]

Hi everyone....i got an appointment with an attorney from Catholic Charities tomorrow through my shelter advocate,where I am currently staying. I just have a few questions.

1. Has anyone filed for Vawa through Catholic Charities and what I'm i expected to say or not to say on my first appointment??

2. what should I carry,i was told I need $50 for the appointment anything else ?

I am just anxious that's all,anxiety . I will appreciate any feedback,and if you don't mind can someone tag me to other other vawa parts ,I have been scrolling but I can't find a lot. Thanks

[Sandra G. 5,047]

Thanks caruguy, how's life going ? I talked to you almost one year ago.

[Sandra G. 5,047]

kmogues for VAWA COR the person must prove:

-Must be in removal proceedings, the person cannot be in removal because of a felony or falsification of documents.

-Must be living continuously for 3 years or more in the U.S.preceding the date of VAWA COR.

-Prove hardship

-Prove you were battered or suffered mental abuse.

-The spouse must be a U.S Citizen or a green card holder.

-Be a person with good moral character

In VAWA cases the person doesn't have to prove Hardship,but it's mandatory to prove hardship for VAWA COR.The person doesn't have to prove bonafide marriage for VAWA COR.

[kmogens 1]

Thank you so much sandranj! I have a 2013 denied 485 (denied due to citizen claim on I9). I filed VAWA March, 2016, plus new I485 and I765 (EAD/AP combo card). I have received prima facie VAWA and the EAD.

So while the VAWA and 485 are pending, can I travel on EAD/AP (just for a week to see my family I have not seen in 25 years) or will the 2013 denial make me not to be admitted when I come back? I've read other threads where they say it is risky in case the 485 is adjudicated before you come back. But if I come back before it is adjudicated, do you think there is a problem at customs? What do you think?

PS: No NTA was issued after 2013 denial.

[Jawaree 717]

As a non expert here I'd say wait until its sorted out since the travel is not

an emergency, no use creating unecessary havoc....just my thought

[Sandra G. 5,047]

kmogens even if USCIS approve your VAWA you will have the I485 denied again because of your claim on I9.

Why did you file VAWA? your chance to receive a green card is ZERO.

Your case is different from others here because you had your previous I485 denied because of the claim that you are a U.S Citizen, you should not travel before the AOS adjudication.

You didn't ask me but here is my opinion, you should start planning your future because there is no future for you here in the U.S. Do you want to spend the rest of your life without seeing your family and unable to get a good job and have a nice career here ? You have to think in the future, if you get married, have kids and God forbid you are deported what are you going to do with your life and with your kids? Could you see them living in your home Country? In 2014 almost 350.000 people were deported and 70% left their family behind. Unfortunately, your situation is bad. USCIS will not make any exception for you.You can have the VAWA approved but for sure your AOS will be denied.

Last year I had one case that the woman was arrested by ICE and her deportation would be in the next day. I asked the Court to allow her to stay 7 days in order to pack her belongs and take her kids with her, it was awful to see how in despair she was in that day.The Judge was kind and gave her 7 days and she packed her belongs and left the U.S. with her kids. She was lucky because she did not need authorization from her husband or from the Court to take the kids

There is just one decision from the BIA recognizing that the person can file a waiver because false claiming to Citizenship (Matter OF K), but I never saw one single case approved.

Edited August 23, 2016 by sandranj

[Sandra G. 5,047]

Sorry folks i misspelled some words, I was using my phone. I wrote 'their family" instead "their families", and a few more. My bad,lol

[quachuong 2]

Hi everyone

I am so happy today when I am approved for my greencard.

The interview was very short, just the questions you should answer "no" in form i485.

The officer was really nice.

The waiting was long but the interview was short.

Thank you Sandra and other members that were always here to help.

[Sandra G. 5,047]

LINH LUONG Congratulations!

[jpsingh 0]

CONGRATES LINH

[azalea3 28]

Congratulations, Linh!

[kmogens 1]

kmogens even if USCIS approve your VAWA you will have the I485 denied again because of your claim on I9.

Why did you file VAWA? your chance to receive a green card is ZERO.

Your case is different from others here because you had your previous I485 denied because of the claim that you are a U.S Citizen, you should not travel before the AOS adjudication.

You didn't ask me but here is my opinion, you should start planning your future because there is no future for you here in the U.S. Do you want to spend the rest of your life without seeing your family and unable to get a good job and have a nice career here ? You have to think in the future, if you get married, have kids and God forbid you are deported what are you going to do with your life and with your kids? Could you see them living in your home Country? In 2014 almost 350.000 people were deported and 70% left their family behind. Unfortunately, your situation is bad. USCIS will not make any exception for you.You can have the VAWA approved but for sure your AOS will be denied.

Last year I had one case that the woman was arrested by ICE and her deportation would be in the next day. I asked the Court to allow her to stay 7 days in order to pack her belongs and take her kids with her, it was awful to see how in despair she was in that day.The Judge was kind and gave her 7 days and she packed her belongs and left the U.S. with her kids. She was lucky because she did not need authorization from her husband or from the Court to take the kids

There is just one decision from the BIA recognizing that the person can file a waiver because false claiming to Citizenship (Matter OF K), but I never saw one single case approved.

Hi Sandranj,

I filed VAWA due to physical, verbal and sexual assaults from my husband. He would drink and turn into a different person and he has choked me, body slammed me and pulled out my hair. The police have been to our house more times than I can count and I've filed police reports before and restraining orders but never pursued them. So finally, this last time when I was at a shelter, a lawyer I was consulting for my divorce told me about filing for VAWA and directed me to an immigration lawyer, so that's why and how I came to file for VAWA.

Do you think it was not advisable? The immigration lawyer who has fought other citizenship claims before, thinks he has an argument to lay out before the court, but he thinks he will succeed with USCIS even before that. Plus, if we go to court, and everything else fails, we can try for VAWA COR, but he thinks we won't need to get there. We really do not want VAWA COR, but he has got that for some of his clients with the citizenship claim before.