VAWA, Part 8

[miloy001 26]

24 minutes ago, sadness1 said:

But where? Because i filled out about two weeks ago from the website and last night browsing around all the forms online i couldnt find it, just the i-765v

https://www.uscis.gov/i-765

 

[Sandra93 8]

Another update:

 

December 22nd - I-360, I-485, I-765, I-131 received by VSC

February 10th - Notice of Action

March 2nd - Biometrics scheduled for March 9th

March 9th - Biometrics completed

March 14th - Prima Facie (Notice Date February 25th) 

[sadness1 8]

1 hour ago, miloy001 said:

https://www.uscis.gov/i-765

 

Thank you do much, but how come i cant find it in the website?

[sadness1 8]

I just checked the uscis website again and the form i-765 original with 2 pagaes long just came back!

[Sandra G. 5,057]

Folks please read the I-765V instructions. The form I-765 V is not for ABUSED SPOUSES OF U.S Citizens or GC holders filing AOS. This form mentioned was created for Employment Authorization for Abused Nonimmigrant Spouse married to FOREIGN NATIONALS  such as foreign government diplomats ,  servants and personal employees (A-1, A-2, A-3), specialty occupation workers , temporary agricultural and non-agricultural workers ( H-1B, H-1B1, H-2A, H-2B, H-3, and H-4 visa), employees of foreign governments and international organizations and their immediate family members  (G1,G,2,G3,G,4 and G5), Australian specialty occupation workers ( E-3).

 

These people could not apply for a work permit before and now they can get a work permit if they were abused and married to a FOREIGN NATIONAL as I explained above.  The USCIS website clearly states who can file I-765 V  “Certain abused nonimmigrant spouses may use Form I-765V to request an employment authorization document (EAD). You may file for employment authorization if you are, or were, the abused spouse of a nonimmigrant who was admitted under INA section 101(a)(15)(A), (E)(iii), (G), or (H) [admitted in A, E-3, G, or H nonimmigrant status], and you either accompanied or followed to join your abusive nonimmigrant spouse”.

 

Here is the memorandum from USCIS explaining that they expanded the work permit for who was admitted under INA section 101(a)(15)(A), (E)(iii), (G) or (H).

Edited March 14, 2017 by sandranj

[Sandra G. 5,057]

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/2016-0308_PM-602-0130_Eligibility_for_Employment_Authorization_for_Battered_Spouses_of_Certain_Nonimmigrants.pdf

[prayandbelieve 27]

@sandranj i just left you a message, please check your inbox

[Sandra G. 5,057]

 

armorcannon you need to submit proof that the cash assistance and food stamp is for your child. You can have medicaid for you ok, it's not considered public charge.

[Adella2016 20]

42 minutes ago, sandranj said:

Folks please read the I-765V instructions. The form I-765 V is not for ABUSED SPOUSES OF U.S Citizens or GC holders filing AOS. This form mentioned was created for Employment Authorization for Abused Nonimmigrant Spouse married to FOREIGN NATIONALS  such as foreign government diplomats ,  servants and personal employees (A-1, A-2, A-3), specialty occupation workers , temporary agricultural and non-agricultural workers ( H-1B, H-1B1, H-2A, H-2B, H-3, and H-4 visa), employees of foreign governments and international organizations and their immediate family members  (G1,G,2,G3,G,4 and G5), Australian specialty occupation workers ( E-3).

 

These people could not apply for a work permit before and now they can get a work permit if they were abused and married to a FOREIGN NATIONAL as I explained above.  The USCIS website clearly states who can file I-765 V  “Certain abused nonimmigrant spouses may use Form I-765V to request an employment authorization document (EAD). You may file for employment authorization if you are, or were, the abused spouse of a nonimmigrant who was admitted under INA section 101(a)(15)(A), (E)(iii), (G), or (H) [admitted in A, E-3, G, or H nonimmigrant status], and you either accompanied or followed to join your abusive nonimmigrant spouse”.

 

Here is the memorandum from USCIS explaining that they expanded the work permit for who was admitted under INA section 101(a)(15)(A), (E)(iii), (G) or (H).

 

I have a question: My friend is married to a guy who is going to get a green card through a job, but her husband abused her financially( his boss took cash for a CG and she paid for all things) and emotionally, cheated her non-stop. Now she doesn't know what to do. She doesn't have a status, but if she ll be married to him, maybe she ll get a GC with him, but she doesn't want. She is tired. and she took a loan to sponsor his GC. 

Can she apply for VAWA ? Or she needs to wait until he gets a GC? 

[gramercy 141]

6 minutes ago, Adella2016 said:

I have a question: My friend is married to a guy who is going to get a green card through a job, but her husband abused her financially( his boss took cash for a CG and she paid for all things) and emotionally, cheated her non-stop. Now she doesn't know what to do. She doesn't have a status, but if she ll be married to him, maybe she ll get a GC with him, but she doesn't want. She is tired. and she took a loan to sponsor his GC. 

Can she apply for VAWA ? Or she needs to wait until he gets a GC? 

@Adella2016 one must be married to a permanent resident or US citizen to qualify for VAWA, if she will tolerate his abuse and wait for him to get approved for his GC only then she can file. if she has other means to adjust her status, I'd suggest she explore those options and not waste her life on a scumbag, it's her call

[Adella2016 20]

2 minutes ago, gramercy said:

@Adella2016 one must be married to a permanent resident or US citizen to qualify for VAWA, if she will tolerate his abuse and wait for him to get approved for his GC only then she can file. if she has other means to adjust her status, I'd suggest she explore those options and not waste her life on a scumbag, it's her call

 

But what about this form what just was mentioned "  married to FOREIGN NATIONALS  such as foreign government diplomats ,  servants and personal employees (A-1, A-2, A-3), specialty occupation workers , temporary agricultural and non-agricultural workers ( H-1B, H-1B1, H-2A, H-2B, H-3, and H-4 visa), employees of foreign governments and international organizations and their immediate family members  (G1,G,2,G3,G,4 and G5), Australian specialty occupation workers ( E-3). " Where you can use this? 

[gramercy 141]

Just now, Adella2016 said:

But what about this form what just was mentioned "  married to FOREIGN NATIONALS  such as foreign government diplomats ,  servants and personal employees (A-1, A-2, A-3), specialty occupation workers , temporary agricultural and non-agricultural workers ( H-1B, H-1B1, H-2A, H-2B, H-3, and H-4 visa), employees of foreign governments and international organizations and their immediate family members  (G1,G,2,G3,G,4 and G5), Australian specialty occupation workers ( E-3). " Where you can use this? 

My answer based on your question about  self-petition under VAWA, she simply won't qualify for it until he becomes LPR. but there could be other options for her depending on her own status as well as her spouse, it's best if she consults an experienced attorney herself to explore those options if any

[Adella2016 20]

Just now, gramercy said:

My answer based on your question about  self-petition under VAWA, she simply won't qualify for it until he becomes LPR. but there could be other options for her depending on her own status as well as her spouse, it's best if she consults an experienced attorney herself to explore those options if any

 

she had a few attorneys, but unfortunately, there are not many experienced.  Attorney said to her - divorce and move on.  The same attorneys said to me. " oh, if you go to police you will make your husband angrier, divorce and forget". It's very hard to find an attorney who will take your case and help with everything.

 Maybe there is a way for her to apply for VAWA now? She cannot live and see how he goes out without her and flies to Las Vegas for "business trips", and  has fun with girls. He doesn't know that she fount his Instagram profile and sees all of those things. 

[gramercy 141]

10 minutes ago, Adella2016 said:

she had a few attorneys, but unfortunately, there are not many experienced.  Attorney said to her - divorce and move on.  The same attorneys said to me. " oh, if you go to police you will make your husband angrier, divorce and forget". It's very hard to find an attorney who will take your case and help with everything.

 Maybe there is a way for her to apply for VAWA now? She cannot live and see how he goes out without her and flies to Las Vegas for "business trips", and  has fun with girls. He doesn't know that she fount his Instagram profile and sees all of those things. 

1- I don't know what to tell you dear  VAWA is very specific to immediate relatives & souses or citizens or LPR so she has to wait, and she isn't a victim of trafficking either...

Note that even if she does wait until he gets the GC, just the fact that her spouse is a cheater and a lousy husband won't be defined as abuse unless he subjected her to extreme cruelty, isolation, controlled her financially and emotionally or physically abused her.

 

It's still heartbreaking to be stuck in a bad marriage for whatever reason, I wish she hadn't supported him financially and just took care of herself.

 

She has a legal non-immigrant status (still on a valid visa) and wants to remain in the US & be able to work she will have to find an employer willing to sponsor her, I have been to my share of lawyers who gave me dumb answers but don't take my word for it, research who qualifies for VAWA and it will confirm the above.

[Tortmaster 75]

45 minutes ago, Adella2016 said:

But what about this form what just was mentioned "  married to FOREIGN NATIONALS  such as foreign government diplomats ,  servants and personal employees (A-1, A-2, A-3), specialty occupation workers , temporary agricultural and non-agricultural workers ( H-1B, H-1B1, H-2A, H-2B, H-3, and H-4 visa), employees of foreign governments and international organizations and their immediate family members  (G1,G,2,G3,G,4 and G5), Australian specialty occupation workers ( E-3). " Where you can use this? 

My understanding is that that's for a work permit only, it does not lead to a green card.