VAWA, Part 8

[luoboy 0]

52 minutes ago, Jawaree said:

Did you get certification on the case from the police dept yet

Not yet because I have not really considered a U visa just thought about it today.Though the guy pulled off multiple robberies with a gun and later I was asked by the police to come make a report after they found out I was one of the victims.He decided to plead guilty.

 

[Roms2017 115]

3 hours ago, lydie21 said:

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

Filed feb10th also no rfe

[Iraaaa 1]

Hi. Today I wasn't home daytime. My roommate was , she said that two police women came and asked for me. They were talking English and she speaking only Russian she doesn't understand what did they told. But they bring some paper and asked for me. Two days ago my husband revived Oder of protection . He also went to police and made false police reports about me . He said that I'm harassing him but I even didn't commmunicate with him. I really don't know why these police came . Should I go to priecienct tomorrow and ask. Maybe he did Oder of protection against me too. Or they can come to notify me that he revived my Oder of protection? I'm sick and tired of this guy. He has a mental disease and doing some crazy stuff. I don't know how to get rid of him so he will let me alone even Oder of protection doesn't help me 😞.

[gramercy 141]

On ‎5‎/‎15‎/‎2017 at 7:47 PM, patienceisvirtue said:

I got my 10 year GC in the mail today!!! Praise the LORD, thank you for all of your prayers and thank you @sandranj for the help and hope you've given to us all.

They did not change my last name to my maiden name like I had requested in my interview (I am not complaining I am grateful I just don't want to be tied to that man).  Has anyone changed their Last name on their GC?  If so what form and how long does it take for them to do it- can I use my existing GC until they send the new one?

Congratulations on your new GC, This is such happy news I hope the name change will go smoothly for you xx

[Sandra G. 5,057]

12 hours 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.

Good luck with that.

[Sandra G. 5,057]

Luoboy 2/3 year ago we had here a member, his nickname was Czrrrr, he posted his story here than I can disclose now.I helped him with his VAWA case.He was in removal proceedings and he had a DUI. In his case, he was drinking with his wife at home when the fight started and she became violent and he got in the car "drunk" fleeing abuse and he got a DUI. I explained this VERY WELL to USCIS. USCIS read the Court Transcript and they approved his VAWA and AOS. But in your case, you have many DUIs. I am 100% convinced that USCIS will not approve your case.

 

You do not qualify for asylum because asylum has the one-year filing rule. There are exceptions to the one-year requirement, but you arrived here 9 years ago, you have a VAWA case denied, then they probably they will consider your asylum "a frivolous application".  

 

Proof of good moral character is not required for the U visa application but is required to be granted lawful permanent residency. The person has to prove substantial physical or emotion abuse as a result of the criminal activity.

 

 

 

[MsBoo 5]

On 5/14/2017 at 6:33 PM, gramercy said:

 

 

@MsBoo I was just trying to be helpful but it may vary by state!

t's been OK in NY for  my friend who was here 2 years & had a pending asylum case and then for myself recently. They simply said that our valid immigration status, residence and income requirements were sufficient, Who are we to argue! 

I do have my Prima Facie but it wasn't part of my application, my EAD was. either way  I was just very thankful because I needed medical care urgently to treat and had  injury that required physical therapy!

 

It is apparently legal for New Yorkers, my friend did it before me& her interview went well & her asylum was approved without issues and hopefully my vawa will be too.

 

I wish you luck and good health

When they run an EAD through the SAVE system as a medicaid applicant it shows you as being ineligible.  They require the NOA stating you have a Prima Facie case of I-360 Battered Spouse -  otherwise you are just another immigrant who is adjusting their status.  

 

So you had Prima Facie documentation and your friend was an asylee which is an entirely different class of qualified alien.  

[gramercy 141]

7 minutes ago, MsBoo said:

When they run an EAD through the SAVE system as a medicaid applicant it shows you as being ineligible.  They require the NOA stating you have a Prima Facie case of I-360 Battered Spouse -  otherwise you are just another immigrant who is adjusting their status.  

 

So you had Prima Facie documentation and your friend was an asylee which is an entirely different class of qualified alien.  

They didn't know or ask about my prima facie and the employee wasn't even familiar with it. Like @sandranj previously mentioned you may still qualify with a valid EAD and that it varies by state. Ask in your state you may be eligible or if you don't need medical care wait until you receive prima facie or vawa approval. best of luck

[Cameron.xyz 10]

Hi everyone! Just afew questions regarding Order of Protection.

1.) Is order of protection hard to obtain if you are a victim of emotional abuse?

2.) I thought there is a hearing to get it, is it a lengthy process? Scary being in front of the judge? 

 

 

[Sandra G. 5,057]

11 minutes ago, Cameron.xyz said:

Hi everyone! Just afew questions regarding Order of Protection.

1.) Is order of protection hard to obtain if you are a victim of emotional abuse?

2.) I thought there is a hearing to get it, is it a lengthy process? Scary being in front of the judge? 

 

 

 

 

 

 

11 minutes ago, Cameron.xyz said:

Hi everyone! Just afew questions regarding Order of Protection.

1.) Is order of protection hard to obtain if you are a victim of emotional abuse?

2.) I thought there is a hearing to get it, is it a lengthy process? Scary being in front of the judge? 

 

 

 

 

 

The restraining order is to protect you for mental or phsyical harm.You have to prove that after leaving your spouse he/she will try to harm you mentally or physically.

Edited May 19, 2017 by sandranj

[Sitlaly 7]

10 minutes ago, Cameron.xyz said:

Hi everyone! Just afew questions regarding Order of Protection.

1.) Is order of protection hard to obtain if you are a victim of emotional abuse?

2.) I thought there is a hearing to get it, is it a lengthy process? Scary being in front of the judge? 

 

 

Hi ,just in my case My husband abuse psychological,went to court filled the paper and the lady took over to the judge 15minutes later she came and say my order of protection was granted,after that we have a hearing but my husband didn't show up so I ended up having protection order for a year,good luck and God bless you

[ILvisajourney 5]

Hello Everyone

 

I'm new to here. I'm happy to find a place with people on the similar petitions.

 

My story begin.

I married with a LPR on 2014 but he never filed I-130.  Because of DV, we separated in 2015.

I filed VAWA I-360 only Sept 2016 and got prima facie in 10 days. March,2017  , I filed prima facie extention  , received prima facie extention in 2 weeks. new prima facie valid untill sept.2017.

No RFE, No update since the prima facie issued sept. 2016

 

I didn't filed the I485 and I-765 together with I-360. Because I don't want being deported if my I-485 denied.

I entered here using B2 visa on 2015, and my husband was a LPR.

 

Now, I really need  EAD as soon as possible to support myself.

can anyone tell me if I can file I-765 to Vermont now while I-360 pending ? will they denial my application or hold until I-360 decision?

What is the best time to file EAD? and What is my EAD approval chance?

 

Thank you to all !

 

 

Edited May 19, 2017 by ILvisajourney

[Sandra G. 5,057]

39 minutes ago, ILvisajourney said:

Hello Everyone

 

I'm new to here. I'm happy to find a place with people on the similar petitions.

 

My story begin.

I married with a LPR on 2014 but he never filed I-130.  Because of DV, we separated in 2015.

I filed VAWA I-360 only Sept 2016 and got prima facie in 10 days. March,2017  , I filed prima facie extention  , received prima facie extention in 2 weeks. new prima facie valid untill sept.2017.

No RFE, No update since the prima facie issued sept. 2016

 

I didn't filed the I485 and I-765 together with I-360. Because I don't want being deported if my I-485 denied.

I entered here using B2 visa on 2015, and my husband was a LPR.

 

Now, I really need  EAD as soon as possible to support myself.

can anyone tell me if I can file I-765 to Vermont now while I-360 pending ? will they denial my application or hold until I-360 decision?

What is the best time to file EAD? and What is my EAD approval chance?

 

Thank you to all !

 

 

 

 

 

You need to wait your VAWA to be aproved to get the EAD. When filing I-765 use catgory C 31. 

Your husband is an LPR,  if your visa number is not current  then you  can't file I-765 using category C9 and get the EAD before VAWA adjudication.

Edited May 19, 2017 by sandranj

[ILvisajourney 5]

1 minute ago, sandranj said:

You just can have the EAD if you file for adjustment of status and use category C 9 for elegibility or file I-765 category 31, but using category C31 you will not have the EAD approved before your VAWA adjudication.

Thank you Sandranj

 

If I  file I-765 category 31 now whiling i-360 pending,  is this way faster than I submit it after I-360 approval.

I mean is the waiting time/processing time the same for two categories?

 

 

 

[Cameron.xyz 10]

3 hours ago, Sitlaly said:

Hi ,just in my case My husband abuse psychological,went to court filled the paper and the lady took over to the judge 15minutes later she came and say my order of protection was granted,after that we have a hearing but my husband didn't show up so I ended up having protection order for a year,good luck and God bless you

Thank you Sitlaly!