VAWA, Part 8

[lydie21 9]

Hello everyone. It is very nice to meet people who are going through the same journey that  I am. 

Uscis received my i360 on 2/7/17

Got a RFE on 3/10/17

They received my response on 5/12/17

I filed then my i485 &i765 together on 4/28/17.

Today 5/18/17 I only received the receipt notice for my i485 but not the i765. 

Should i worry that my EAD application did not go through?

Will they send me a receipt notice on a different day? 

Should i make an infopass or call Uscis to find out why i didn't receive the initial NOA for my I765?

I have a child with the abuser and not working is very painful and stressful. 

[Hopeful diva 99]

27 minutes ago, lydie21 said:

Hello everyone. It is very nice to meet people who are going through the same journey that  I am. 

Uscis received my i360 on 2/7/17

Got a RFE on 3/10/17

They received my response on 5/12/17

I filed then my i485 &i765 together on 4/28/17.

Today 5/18/17 I only received the receipt notice for my i485 but not the i765. 

Should i worry that my EAD application did not go through?

Will they send me a receipt notice on a different day? 

Should i make an infopass or call Uscis to find out why i didn't receive the initial NOA for my I765?

I have a child with the abuser and not working is very painful and stressful. 

Could be that the notice got missing in the mail. I think you should call Uscis to find out if the i765 is on their system and probably request for another copy of the notice. 

[Roms2017 115]

1 hour ago, lydie21 said:

Hello everyone. It is very nice to meet people who are going through the same journey that  I am. 

Uscis received my i360 on 2/7/17

Got a RFE on 3/10/17

They received my response on 5/12/17

I filed then my i485 &i765 together on 4/28/17.

Today 5/18/17 I only received the receipt notice for my i485 but not the i765. 

Should i worry that my EAD application did not go through?

Will they send me a receipt notice on a different day? 

Should i make an infopass or call Uscis to find out why i didn't receive the initial NOA for my I765?

I have a child with the abuser and not working is very painful and stressful. 

Lydie21 you filed 1 week before me but you will receive EAD soon  i am still waiting mine too.

May i ask the kind of RFE you received?

Thanks

[lydie21 9]

59 minutes ago, Roms2017 said:

Lydie21 you filed 1 week before me but you will receive EAD soon  i am still waiting mine too.

May i ask the kind of RFE you received?

Thanks

I got a RFE for good moral character. They asked me to submit for police clearances from places i lived  for the last 3 years

[luoboy 0]

How is everyone congratulations on the new approvals,

I applied in January 2014 for I765 and I360.

In January prima facie RFE sent out(State police clearance).

In February the i765 was denied(For no i485 application).

In March RFE sent out for i360.

On June 1st,the deadline for RFE I sent the evidence asked for.(I765 and i485) application and change of address.(Moved from Seattle to Omaha,NE).

In early June received biometric request.

In mid June i360 was denied.(Vermont thought case had been abandoned).

Personally gave up and began waiting on NTA.

In August, I received a letter

In mid September, I765 was approved while i360 had been denied.

In early October,I received a letter stating case had been reopened through a service motion(A motion reopened by the USCIS themselves after on their own find themselves find that they at fault since I had actually sent RFE evidence).

In January 2015,i360 and i485 was denied again(they claim I only sent them passport photos and yet I had sent them all the evidence.

In February 2015, I appealed the decision and sent them new evidence both i765 and i485.

In mid February 2015,I moved to Atlanta, GA and while I was there filed to change address.

In December 2015,Appeal was denied(They say the evidence I sent is evidence I could have sent earlier on and have to state any legal codes that say otherwise. Meaning its not their fault if they lose evidenced).

After then resolved to Alcoholism out of pressure of being advised by both own family members and in laws to get with my wife(the worst wife on earth) who now had given birth to a son fathered by her lover who she had instigated into attacking me.

On February 2016 got arrested for a DUI, expired license and wrongful parking in Cobb county bonded out. Then family and in-laws continue that pressure to get back with wife. I did run into ICE in the county jail who asked my status,I kept quiet out of shock. They ran ma fingerprints found the country I was born and let me go.

On May 2016 got arrested for another DUI and cited for expired license by Riverdale Police Department and got sent to Clayton County jail which is not known notifying ICE. Was released after 48HRs.

On June 2016 got arrested by Clayton County Police department for DUI and expired license. I Couldn't afford to bond out and plead guilty in order get out of jail before the other DUIs had caught up with me. I left the state because since my work permit had expired I couldn't find work in Georgia and moved to Omaha, NE. My probation officer put me on mail probation.(Was in jail 10 DAYs) 

The night before I moved I had been seduced by a young lady going through a divorce a month later claimed she was pregnant.

In October I hired a lawyer for the Cobb County case which is still pending in court.

In March 2017,My Cobb County lawyer said I had to be in court on March 30.When I was in process of travelling found out how much bench warrants I had accumulated was surprised to find a felony bail jumping warrant for the Cobb County while I was inquiring for the Riverdale DUI. My lawyer called the bondsman who recalled the warrant because it was there by mistake since the lawyer had earlier informed him he was working on the case.

I did find out I had two unpaid ticket bench warrants(expired license) in Clayton county(one Jonesboro Police Department and the other Clayton county Department).Plus I had a warrant for the DUI and Expired license in Riverdale.

In March 12, the young lady who seduced me had a daughter and says I father the baby.

Yesterday I hired a another lawyer for the Clayton County cases because my Cobb county lawyer because he is a  Clayton county judge at the same time rarely goes to Clayton County.

Personally I had given up on VAWA I ran into this story from prominent VAWA attorney in Atlanta who claims she managed to get an i360 approved for a client who had a felony prior to her marriage to the abuser. So I have decided to schedule an appointment with her to strategize.

Is there anyone who knows of a VAWA approval for a criminal record.

My wife mothered a son by one of her lovers who attacked me(Her on and off boyfriend).

I have not really signed my daughter's birth certificate yet meaning legally I am not the father and my daughter's mother said she is gonna get remarried to her former husband in July.

WHAT ARE MY CHANCES FOR A VAWA APPLICATION.I am posting that story next. Thanks for all your thoughts.

 

 

 

 

[Sandra G. 5,057]

3 hours ago, Behuman said:

Hi Sandranj,

  I have submitted the request to expedite the case based on medical condition. It's been over a week I haven't seen any notification from USCIS do you know how long USCIS take to respond such request? 

 

1

If they decided not to expedite your case you will not receive any letter from them about the denial. If passed 72 hours since they received your request then probably  USCIS decided not to expedite your case. 

[luoboy 0]

25 minutes ago, luoboy said:

How is everyone congratulations on the new approvals,

I applied in January 2014 for I765 and I360.

In January prima facie RFE sent out(State police clearance).

In February the i765 was denied(For no i485 application).

In March RFE sent out for i360.

On June 1st,the deadline for RFE I sent the evidence asked for.(I765 and i485) application and change of address.(Moved from Seattle to Omaha,NE).

In early June received biometric request.

In mid June i360 was denied.(Vermont thought case had been abandoned).

Personally gave up and began waiting on NTA.

In August, I received a letter

In mid September, I765 was approved while i360 had been denied.

In early October,I received a letter stating case had been reopened through a service motion(A motion reopened by the USCIS themselves after on their own find themselves find that they at fault since I had actually sent RFE evidence).

In January 2015,i360 and i485 was denied again(they claim I only sent them passport photos and yet I had sent them all the evidence.

In February 2015, I appealed the decision and sent them new evidence both i765 and i485.

In mid February 2015,I moved to Atlanta, GA and while I was there filed to change address.

In December 2015,Appeal was denied(They say the evidence I sent is evidence I could have sent earlier on and have to state any legal codes that say otherwise. Meaning its not their fault if they lose evidenced).

After then resolved to Alcoholism out of pressure of being advised by both own family members and in laws to get with my wife(the worst wife on earth) who now had given birth to a son fathered by her lover who she had instigated into attacking me.

On February 2016 got arrested for a DUI, expired license and wrongful parking in Cobb county bonded out. Then family and in-laws continue that pressure to get back with wife. I did run into ICE in the county jail who asked my status,I kept quiet out of shock. They ran ma fingerprints found the country I was born and let me go.

On May 2016 got arrested for another DUI and cited for expired license by Riverdale Police Department and got sent to Clayton County jail which is not known notifying ICE. Was released after 48HRs.

On June 2016 got arrested by Clayton County Police department for DUI and expired license. I Couldn't afford to bond out and plead guilty in order get out of jail before the other DUIs had caught up with me. I left the state because since my work permit had expired I couldn't find work in Georgia and moved to Omaha, NE. My probation officer put me on mail probation.(Was in jail 10 DAYs) 

The night before I moved I had been seduced by a young lady going through a divorce a month later claimed she was pregnant.

In October I hired a lawyer for the Cobb County case which is still pending in court.

In March 2017,My Cobb County lawyer said I had to be in court on March 30.When I was in process of travelling found out how much bench warrants I had accumulated was surprised to find a felony bail jumping warrant for the Cobb County while I was inquiring for the Riverdale DUI. My lawyer called the bondsman who recalled the warrant because it was there by mistake since the lawyer had earlier informed him he was working on the case.

I did find out I had two unpaid ticket bench warrants(expired license) in Clayton county(one Jonesboro Police Department and the other Clayton county Department).Plus I had a warrant for the DUI and Expired license in Riverdale.

In March 12, the young lady who seduced me had a daughter and says I father the baby.

Yesterday I hired a another lawyer for the Clayton County cases because my Cobb county lawyer because he is a  Clayton county judge at the same time rarely goes to Clayton County.

Personally I had given up on VAWA I ran into this story from prominent VAWA attorney in Atlanta who claims she managed to get an i360 approved for a client who had a felony prior to her marriage to the abuser. So I have decided to schedule an appointment with her to strategize.

Is there anyone who knows of a VAWA approval for a criminal record.

My wife mothered a son by one of her lovers who attacked me(Her on and off boyfriend).

I have not really signed my daughter's birth certificate yet meaning legally I am not the father and my daughter's mother said she is gonna get remarried to her former husband in July.

WHAT ARE MY CHANCES FOR A VAWA APPLICATION.I am posting that story next. Thanks for all your thoughts.

 

 

 

 

http://www.klinkeimmigration.com/en/blog/events-cases/good-moral-character-and-vawa-dont-be-intimidated-by-criminal-convictions.php

[Sandra G. 5,057]

5 hours ago, Hopeforever said:

Hello everyone

Can someone give me some advice on what i should do, please?

in 2014 I got GC through VAWA. I Know that i am able to use the three year rule to file citizenship application. I gather information under the naturalization thread, but it seems so vague and unspecific to VAWA.

is there anyone who has done it successfully, recently or otherwise?

Can someone help with a step by step process for naturalization after VAWA?

 

Thanks in advance

 

You got your GC  based in VAWA then you do not need to submit proof of a bonafide marriage and/or abuse.

 

You have to submit a  copy of your GC, passport pictures photos, if you are divorced submit divorce decree,  IRS transcripts, if you were arrested submit a Certified  Court  Disposition etc. Follow the USCIS instruction  https://www.uscis.gov/n-400

In the question about eligibility for naturalization put " INA sec 319 (a) ".
 

[Sandra G. 5,057]

1 hour ago, luoboy said:

How is everyone congratulations on the new approvals,

I applied in January 2014 for I765 and I360.

In January prima facie RFE sent out(State police clearance).

In February the i765 was denied(For no i485 application).

In March RFE sent out for i360.

On June 1st,the deadline for RFE I sent the evidence asked for.(I765 and i485) application and change of address.(Moved from Seattle to Omaha,NE).

In early June received biometric request.

In mid June i360 was denied.(Vermont thought case had been abandoned).

Personally gave up and began waiting on NTA.

In August, I received a letter

In mid September, I765 was approved while i360 had been denied.

In early October,I received a letter stating case had been reopened through a service motion(A motion reopened by the USCIS themselves after on their own find themselves find that they at fault since I had actually sent RFE evidence).

In January 2015,i360 and i485 was denied again(they claim I only sent them passport photos and yet I had sent them all the evidence.

In February 2015, I appealed the decision and sent them new evidence both i765 and i485.

In mid February 2015,I moved to Atlanta, GA and while I was there filed to change address.

In December 2015,Appeal was denied(They say the evidence I sent is evidence I could have sent earlier on and have to state any legal codes that say otherwise. Meaning its not their fault if they lose evidenced).

After then resolved to Alcoholism out of pressure of being advised by both own family members and in laws to get with my wife(the worst wife on earth) who now had given birth to a son fathered by her lover who she had instigated into attacking me.

On February 2016 got arrested for a DUI, expired license and wrongful parking in Cobb county bonded out. Then family and in-laws continue that pressure to get back with wife. I did run into ICE in the county jail who asked my status,I kept quiet out of shock. They ran ma fingerprints found the country I was born and let me go.

On May 2016 got arrested for another DUI and cited for expired license by Riverdale Police Department and got sent to Clayton County jail which is not known notifying ICE. Was released after 48HRs.

On June 2016 got arrested by Clayton County Police department for DUI and expired license. I Couldn't afford to bond out and plead guilty in order get out of jail before the other DUIs had caught up with me. I left the state because since my work permit had expired I couldn't find work in Georgia and moved to Omaha, NE. My probation officer put me on mail probation.(Was in jail 10 DAYs) 

The night before I moved I had been seduced by a young lady going through a divorce a month later claimed she was pregnant.

In October I hired a lawyer for the Cobb County case which is still pending in court.

In March 2017,My Cobb County lawyer said I had to be in court on March 30.When I was in process of travelling found out how much bench warrants I had accumulated was surprised to find a felony bail jumping warrant for the Cobb County while I was inquiring for the Riverdale DUI. My lawyer called the bondsman who recalled the warrant because it was there by mistake since the lawyer had earlier informed him he was working on the case.

I did find out I had two unpaid ticket bench warrants(expired license) in Clayton county(one Jonesboro Police Department and the other Clayton county Department).Plus I had a warrant for the DUI and Expired license in Riverdale.

In March 12, the young lady who seduced me had a daughter and says I father the baby.

Yesterday I hired a another lawyer for the Clayton County cases because my Cobb county lawyer because he is a  Clayton county judge at the same time rarely goes to Clayton County.

Personally I had given up on VAWA I ran into this story from prominent VAWA attorney in Atlanta who claims she managed to get an i360 approved for a client who had a felony prior to her marriage to the abuser. So I have decided to schedule an appointment with her to strategize.

Is there anyone who knows of a VAWA approval for a criminal record.

My wife mothered a son by one of her lovers who attacked me(Her on and off boyfriend).

I have not really signed my daughter's birth certificate yet meaning legally I am not the father and my daughter's mother said she is gonna get remarried to her former husband in July.

WHAT ARE MY CHANCES FOR A VAWA APPLICATION.I am posting that story next. Thanks for all your thoughts.

 

 

 

 

ZERO CHANCE to have your  VAWA case approved, even if you "were abused". You are a habitual drunkard, and a habitual drunkard lacks good moral character, that being said you can't  establish good moral character. As USCIS states below:

 

"...J. Habitual Drunkard

 

"An applicant who is or was a habitual drunkard during the statutory period is precluded from establishing GMC.  ^]Certain documents may reveal habitual drunkenness, to include divorce decrees, employment records, and arrest records. In addition, termination of employment, unexplained periods of unemployment, and arrests or multiple convictions for public intoxication or driving under the influence may be indicators that the applicant is or was a habitual drunkard."

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-J

 

Please accept responsibility for your wrongdoings and do not cover up or make excuses.  You got behind the wheel of a car drunk 3 times endangering innocent motorists and pedestrians.

 

Edited May 19, 2017 by sandranj

[luoboy 0]

16 minutes ago, sandranj said:

ZERO CHANCE to have your  VAWA case approved, even if you "were abused". You are a habitual drunkard, and a habitual drunkard lacks good moral character, that being said you can't  establish good moral character. As USCIS states below:

 

"...J. Habitual Drunkard

 

"An applicant who is or was a habitual drunkard during the statutory period is precluded from establishing GMC.  ^]Certain documents may reveal habitual drunkenness, to include divorce decrees, employment records, and arrest records. In addition, termination of employment, unexplained periods of unemployment, and arrests or multiple convictions for public intoxication or driving under the influence may be indicators that the applicant is or was a habitual drunkard."

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#S-J

 

Please accept responsibility for your wrongdoings and do not cover up or make excuses.  You got behind the wheel of a car drunk 3 times endangering innocent motorists and pedestrians.

 

http://www.washingtonexaminer.com/court-rules-habitually-drunk-illegal-immigrant-cant-be-deported/article/2586799

A federal appeals court has ruled that the U.S. cannot deport an illegal immigrant who is a "habitual drunkard."

In a 2-to-1 decision by the western 9th Circuit Court of Appeals, the judges decided the condition has been wrongly equated with poor moral character and instead is a medical disease.

The decision overlooked an immigration law established by Congress five decades ago that had made it difficult for a person caught living in the country illegally to evade deportation for embodying symptoms of a "habitual drunkard."

I came in legally with a student visa in December 2007.

[Roms2017 115]

2 hours ago, lydie21 said:

I got a RFE for good moral character. They asked me to submit for police clearances from places i lived  for the last 3 years

Okay thank you

[lydie21 9]

14 minutes ago, Roms2017 said:

Okay thank you

Did you get any rfe? When did you file your  i-360?

[luoboy 0]

VAWA Self-Petition Issues

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By Kristina Karpinski and Susan Schreiber

On October 11, 2012, representatives from the VAWA, T Visa, and U Visa Units of the Vermont Service Center (VSC) participated in a question and answer session at CLINIC’s Immigration Remedies for Survivors of Domestic Violence and Other Crimes training held at Suffolk University Law School in Boston.  Participating in the session were USCIS Section Chief Karl Labor, Senior Immigration Services Adjudicators Bertha Petrie and Carson Carroll, and Office of Policy and Strategy Michele Young.  Summarized below are highlights from the session.

 U Visa Issues

Grounds of Inadmissibility

• Current USCIS software does not allow for identifying the inadmissibility grounds waived.  Where the applicant is consular processing, VSC does notify the Department of State about inadmissibility grounds that have been waived by the Service.
• If an inadmissibility ground is identified after U approval that was not disclosed in the U application, VSC recommends filing an amended I-192 and explaining why the issue was not disclosed before.  VSC noted that they might take responsibility for the error where sufficient facts were disclosed to identify the need for a waiver, although no waiver was requested.
• If a new inadmissibility ground arises after U approval (e.g. U grantee convicted of offense creating inadmissibility), VSC advises against filing an amended I-192.  Instead, the U grantee should address the issue at the time of filing for adjustment of status, and include evidence to overcome the adverse factor, as if filing supporting documents for a waiver.
• VSC will request a medical examination for a U applicant who discloses habitual drug or alcohol use, or has multiple DUI offenses.  An applicant who discloses schizophrenia or violent episodes is also likely to need a medical examination.  Applicants disclosing PTSD are not asked to get a medical examination.

[Hopeful diva 99]

24 minutes ago, luoboy said:

http://www.washingtonexaminer.com/court-rules-habitually-drunk-illegal-immigrant-cant-be-deported/article/2586799

A federal appeals court has ruled that the U.S. cannot deport an illegal immigrant who is a "habitual drunkard."

In a 2-to-1 decision by the western 9th Circuit Court of Appeals, the judges decided the condition has been wrongly equated with poor moral character and instead is a medical disease.

The decision overlooked an immigration law established by Congress five decades ago that had made it difficult for a person caught living in the country illegally to evade deportation for embodying symptoms of a "habitual drunkard."

I came in legally with a student visa in December 2007.

I don't think the problem here is whether you came in legally or not. Even illegals adjust their status via vawa. Also, I don't think your concern should be whether the US govt can or cannot deport an immigrant who is a habitual drunkard. Your concern now is how to show good moral for a vawa process and like sandra said, it's almost impossible now with all those DUIs and arrests you have on your record. 

And ultimately, if you are not able to get a vawa approval and have your status adjusted, then you are still vulnerable to deportation

[Hopeful diva 99]

7 minutes ago, luoboy said:

VAWA Self-Petition Issues

Printer-friendly versionSend by email

inShare0

By Kristina Karpinski and Susan Schreiber

On October 11, 2012, representatives from the VAWA, T Visa, and U Visa Units of the Vermont Service Center (VSC) participated in a question and answer session at CLINIC’s Immigration Remedies for Survivors of Domestic Violence and Other Crimes training held at Suffolk University Law School in Boston.  Participating in the session were USCIS Section Chief Karl Labor, Senior Immigration Services Adjudicators Bertha Petrie and Carson Carroll, and Office of Policy and Strategy Michele Young.  Summarized below are highlights from the session.

 U Visa Issues

Grounds of Inadmissibility

• Current USCIS software does not allow for identifying the inadmissibility grounds waived.  Where the applicant is consular processing, VSC does notify the Department of State about inadmissibility grounds that have been waived by the Service.
• If an inadmissibility ground is identified after U approval that was not disclosed in the U application, VSC recommends filing an amended I-192 and explaining why the issue was not disclosed before.  VSC noted that they might take responsibility for the error where sufficient facts were disclosed to identify the need for a waiver, although no waiver was requested.
• If a new inadmissibility ground arises after U approval (e.g. U grantee convicted of offense creating inadmissibility), VSC advises against filing an amended I-192.  Instead, the U grantee should address the issue at the time of filing for adjustment of status, and include evidence to overcome the adverse factor, as if filing supporting documents for a waiver.
• VSC will request a medical examination for a U applicant who discloses habitual drug or alcohol use, or has multiple DUI offenses.  An applicant who discloses schizophrenia or violent episodes is also likely to need a medical examination.  Applicants disclosing PTSD are not asked to get a medical examination.

This is for U-visa. Are you trying to apply for U visa or vawa?