VAWA, Part 8

[Survivor98 0]

On 8/8/2017 at 6:36 PM, sandranj said:

USCIS won't talk to you  over the phone regarding your VAWA.You can  submit the letter along with the form but probably USCIS will  not expedite  and in case of denial to expetite  they  will not inform you. 

Thank you for responding! I won't request to expedite then. I wanted it to work out because if my family's finances don't get better, we'll either end up with more debts or homeless.

[Survivor98 0]

Does anyone have a sample psychological report? My therapist is not familiar with the VAWA case and he said it would help a lot if I could provide him with a sample.

[Sandra G. 5,049]

USCIS every year hold multiples stakeholder events and they answer questions regarding VAWA,U visa etc...Gail Pedleton  is an attorney and she serves as liaison with Citizenship & Immigration Services.  She is the co founder of the non profit organization Asista, as stated in their web site they assist  advocates and attorneys facing complex legal problems in advocating for immigrant survivors of domestic violence and sexual assault .Asista published last year some parts of the stakeholders where USCIS answered their questions.

 

 Many  attorneys don't know what category to file form I-765 for VAWA petitioners, and some of them filed the wrong category, or how to handle cases where the alien has a pending I-130 and then filed VAWA. USCIS explain with details about these points.The questions were asked by Asista and the answers given by  the USCIS.

 

                                                                                        VAWA

 

A. Work Authorization:

 

V. VAWA

USCIS has updated the Form I-360 to now inquire whether the VAWA self-petitioner is in the United States and is requesting employment authorization (see question 12 on page 14 of the I-360 form). If principal applicants check "yes" to that question on page 14 of the I-360 about whether they want employment authorization then they will receive an EAD incident to approval of the self-petition based upon (c)(31) eligibility *without* having to file a separate I-765.

 

If principal applicants wish to have a deferred action-based EAD upon approval of their self-petition, then they will have to file a separate I-765 requesting employment authorization under (c)(14). For the moment, applicants may file these I-765s concurrently with the I-360. In this case you should check "NO" on page 14 of the I-360 and write in "See attached I- 765 based on (c)(14) eligibility."

 

Of course, if your client is eligible for (c)(9) work authorization and you are submitting an I- 765 based on the pending adjustment, then applicants will probably check no on page 14 of the I-360 and write "See attached I-765 based on (c)(9) eligibility"

 

For Derivatives: VAWA derivatives applicants will still need to file a separate I-765 for work authorization based on (c)(14)/deferred action eligibility

1. Practice Pointer: VSC also recommended that in VAWA one-step applications, stakeholders should submit two G-28 Notice of Appearance: one for the I-360 and the other for the I-485 petition.

 

B. Prima Facie Determinations: Generally, VSC seeks to issue a Prima Facie Determination Notice within 60 days of the date of filing. If stakeholders do not receive one in that time period, then request supervisory review.

 

C. Processing of VAWA Adjustments
 

1. Role of District Offices in VAWA Adjustments:

 

Question: What is the rationale for having VAWA adjustments adjudicated through the District Offices? Given that there are several instances in which adjustments are granted without an interview, would it be possible for VAWA I-485s to be adjudicated at VSC in the same way?

 

Answer: The I-485 form is processed at the National Benefits Center (NBC) to prepare the case for transfer to the District Offices. NBC does name checks, fingerprint checks, and issues RFEs for missing documents if needed. Generally, clean cases will have an average processing time of 35 days. There can be delays due to RFEs requested, biometrics needing  to be rescheduled, FBI name check, etc. VAWA adjustment interviews will continue to be at the District Offices.

 

2. When to file I-824 for Derivatives Abroad:
 

Question: Can you file the I-824 for beneficiaries abroad concurrently with the I-485

packet for a VAWA self-petitioner?

 

Answer: Yes, the I-824 may be filed concurrently with the VAWA adjustment packet. If you are doing so, leave the approval and receipt date blank on the I-824 form, and it will be filled in once the I-485 is approved. Once the I-485 is approved, VSC will send the I-824 to NVC for processing. At that point, the case is outside their jurisdiction, so if there is a delay, then stakeholders would need to follow up with NVC

 

D. Filing a VAWA self-petition after “one-step” has been filed

 

Question: It has been reported that some field offices want to see a police report or protection order to "demonstrate a VAWA claim" when asking for the I-485 to be held in abeyance until the VAWA case is filed with VSC. Providing this documentation should not be a prerequisite to having the application being held in abeyance, especially since the "systems" evidence these offices seem to be requiring is not required for a self-petition (which has the “any credible evidence” evidentiary standard). What interaction does VSC have with Field Operations to ensure that VAWA Confidentiality provisions apply uniformly?

 

Answer: Applicants for adjustment of status may inform USCIS of their intention to file a VAWA self-petition and request that the adjustment application be held in abeyance as matter of discretion. Upon approval of the self-petition, applicants may request conversion of an I-130-based adjustment application to a VAWA-based adjustment application. These requests to hold in abeyance need not include specific evidence of the abuse such as hospital record or police report. Applicants should provide evidence of filing the VAWA self- petition within 30 days of the conversion request. USCIS will then hold the pending I-130 based adjustment application in abeyance until decision is issued on VAWA self-petition. If they don’t receive information within 30 days, then USCIS can make a decision about underlying adjustment application. 

 

[Sandra G. 5,049]

In some cases people applied for asylum and the asylum was denied and they file VAWA or they want to file VAWA.  Last year I saw two cases that USCIS questioned the credibility of everything that the VAWA petitioners mentioned in their affidavits and issued  a NOTICE OF INTENT TO DENY (NOID) the VAWA petition because they had a  finding that their asylum applications  were "not credible". If someone has the finding of "fivrolous" the person become permanently ineligible to adjust status. According with  the Immigration Law  INA §208(d)(6) have a finding of "frivolous asylum" the person shall be permanently ineligible for any benefits’ under the INA. But because they were "not credible" their asylum claims were denied.

 

 They asked my help to answer the NOID because they didn't know that they had to explain this to USCIS when the Vawa petitions were filed. I explained and both Vawa Petitions were approved, then make sure  if you filed asylum and the case was denied,you need to know if the court found you just "not credible" or "frivolous asylum".If not credible you should give a breafly explanation about what happened and why you thought that you had an asylum case, you must convince USCIS that you are a credible person. if it was frivolous then you need to pack your suitcase.

Edited August 10, 2017 by sandranj

[Ziongirl 269]

Hi sandraj

1.to my understanding you mean that if you ever apply for asylum and it's denied, and later apply for vawa they will question it?

2. I read on one statements there that one can apply for their derivative, for example after the I 360 is approved when filling my i485 can I file for my daughter concurrently?

[Sandra G. 5,049]

Yes bith 

12 hours ago, Ziongirl said:

Hi sandraj

1.to my understanding you mean that if you ever apply for asylum and it's denied, and later apply for vawa they will question it?

2. I read on one statements there that one can apply for their derivative, for example after the I 360 is approved when filling my i485 can I file for my daughter concurrently?

 

 

 

When someone files VAWA, USCIS has to believe that the person is "credible",otherwise they will think  the person fabricated the  VAWA story regarding abuse and/or about bonafide marriage and presented false information. When someone has the asylum denied is because the asylum claim had a finding of "not credible or frivolous". In the two cases that I answered the NOID, USCIS stated that both had the asylum claims denied because they were not credible then USCIS/VAWA Unit assumed they lied in their asylum  claim and then they probably lied  in their VAWA peittions.

 

I answered the NOID stating they  truly believed they could face harm if their asylum  claims were denied. I proved  human rights violation  in their home Countries. I argued that what they suffered was serious enough to be regarded as persecution but  their argunments and proof were not enough to have the asylum approved etc...I made the distinction between lying/ deceiving and not being persuasive and having enough proof to sustaim their claims. They had the VAWA petitions approved.

 

You can file the I-824 for beneficiaries abroad concurrently with your AOS, once the I-485 is approved VSC will send the I-824 to NVC for processing.

 

 

Edited August 11, 2017 by sandranj

[Ziongirl 269]

2 minutes ago, sandranj said:

Yes bith 

When someone files VAWA, USCIS has to believe that the person is "credible",otherwise they will think  the person fabricated the  VAWA story regarding abuse and/or about bonafide marriage and presented false information. When someone has the asylum denied is because the asylum claim had a finding of "not credible or frivolous". In the two cases that I answered the NOID, USCIS stated that both had the asylum claims denied because they were not credible then USCIS/VAWA Unit assumed they lied in their asylum  claim and then they probably lied  in their VAWA peittions.

 

I answered the NOID stating they  truly believed they could face harm if their asylum  claims were denied. I proved  human rights violation  in their home Countries. I argued that what they suffered was serious enough to be regarded as persecution but  their argunments and proof were not enough to have the asylum approved etc...I made the distinction between lying/ deceiving and not being persuasive and having enough proof to sustaim their claims. They had the VAWA petitions approved.

 

You can file the I-824 for beneficiaries abroad concurrently with your AOS, once the I-485 is approved VSC will send the I-824 to NVC for processing.

 

 

Wow that's informative, thanks so much for your response, am learning a lot from here, by the way Sandraj in the shelter am in, someone who filed their vawa in June they just received their interview letter to be attended on  28th this month

[Sandra G. 5,049]

Ziingirl I don't believe the interview is regarding Vawa. The  person probably has an interview regarding the AOS  filed when she was living wth her husband. NO WAY  someone who filed vawa 2months ago will have  interview now.As I said probably she has a pending  l485 filed  5/7 months ago.

Edited August 11, 2017 by sandranj

[NICOLA2017 82]

27 minutes ago, sandranj said:

Ziingirl I don't believe the interview is regarding Vawa. The  person probably has an interview regarding the AOS  filed when she was living wth her husband. NO WAY  someone who filed vawa 2months ago will have  interview now.As I said probably she has a pending  l485 filed  5/7 months ago.

Goodmorming 

I have a question regarding my AOS interview....i submitted my docs November it's not August 9 months have passed ....should I do an info pass why I haven't gotten a date for it as yet ? @sandranj ...Thanks in advance 

[iwillsurvive 254]

12 minutes ago, NICOLA2017 said:

Goodmorming 

I have a question regarding my AOS interview....i submitted my docs November it's not August 9 months have passed ....should I do an info pass why I haven't gotten a date for it as yet ? @sandranj ...Thanks in advance 

When was your I-360 approved and what's your local office? 

[NICOLA2017 82]

1 minute ago, iwillsurvive said:

When was your I-360 approved and what's your local office? 

My i360 is far from approved  my notice date for that is may 10 not looking for an approval until about 2018 as I notice it's taking 8 to 12 months to be approved. So far all I got for my i360 is my notice date and prima facie.  Still waiting to see if any rfe.....but what concerns me is the date for my interview re submission if documents when i was living with my husband 

[iwillsurvive 254]

4 minutes ago, NICOLA2017 said:

My i360 is far from approved  my notice date for that is may 10 not looking for an approval until about 2018 as I notice it's taking 8 to 12 months to be approved. So far all I got for my i360 is my notice date and prima facie.  Still waiting to see if any rfe.....but what concerns me is the date for my interview re submission if documents when i was living with my husband 

Oh okay, understood! You can inquire about that and they should give you information over the phone since your previous I-485 is not VAWA-based. Did your ex maybe withdraw his affidavit of support? Do the documents go to his address maybe?

[Sandra G. 5,049]

2 minutes ago, NICOLA2017 said:

My i360 is far from approved  my notice date for that is may 10 not looking for an approval until about 2018 as I notice it's taking 8 to 12 months to be approved. So far all I got for my i360 is my notice date and prima facie.  Still waiting to see if any rfe.....but what concerns me is the date for my interview re submission if documents when i was living with my husband 

Did you  update your  address with Uscis? if you  moved to a different place.

 

If you  came here with K1 you  might have the AOS. approved without interview, considering your husband didn't  withdraw forms l130/l864, but if you are here with B2, F1 etc and suntitled the AOS through marriage then the  interview usually is set up  after 6/7 months from the date you submitted the AOS.

 

Confirm your address with Uscis, go to infopass,because most of the times they don't uodate the address.

[NICOLA2017 82]

31 minutes ago, iwillsurvive said:

Oh okay, understood! You can inquire about that and they should give you information over the phone since your previous I-485 is not VAWA-based. Did your ex maybe withdraw his affidavit of support? Do the documents go to his address maybe?

He didn't withdraw I doubt he did because his mom would have told me ...i changed my address and I got a letter from them at the new address .....

[NICOLA2017 82]

33 minutes ago, sandranj said:

Did you  update your  address with Uscis? if you  moved to a different place.

 

If you  came here with K1 you  might have the AOS. approved without interview, considering your husband didn't  withdraw forms l130/l864, but if you are here with B2, F1 etc and suntitled the AOS through marriage then the  interview usually is set up  after 6/7 months from the date you submitted the AOS.

 

Confirm your address with Uscis, go to infopass,because most of the times they don't uodate the address.

I did update my address they sent me a confirmation letter to my new address. I came here on b2 ...i did notice a change of date on my interview date ready to schedule...it was first January 7 then it changed may 10. May 10 is also the notice date of my i360...

I will do an info pass. Thank you very much