VAWA, Part 8

[miloy001 26]

23 minutes ago, melissa.w said:

why some people get prima facie and some dont? 

Please read this:

https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-30133/0-0-0-35080/0-0-0-39264.html

[Tortmaster 75]

19 minutes ago, miloy001 said:

Please read this:

https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-30133/0-0-0-35080/0-0-0-39264.html

Wow, thank you this is very helpful. 

*In evaluating whether a self-petitioner has established a prima facie case, the Service must have evidence of each of the required elements of the self-petition as detailed in Service regulations at § 204.2(c)(1) and (e)(1). Accordingly, self-petitioners should submit Form I-360 and credible relevant evidence in support of the petition addressing each of the statutory elements as detailed in the instructions accompanying Form I-360: (1) existence of the qualifying relationship; (2) the citizenship or immigration status of the abuser; (3) the self-petitioner's eligibility for immigrant classification; (4) residence in the United States; (5) evidence that, during the qualifying relationship, the petitioner and abuser resided together in the United for some unspecified period of time; (6) battery or extreme cruelty ; (7) good moral character; (8) extreme hardship; and (9) in the case of a self-petitioning spouse, good faith marriage. The elements and evidentiary requirements are set forth in 8 CFR § 204.2(c)(1) and (e)(1). 

    If the Service determines that a petitioner has demonstrated prima facie eligibility, a Notice of Prima Facie Case will be issued. The Notice is neither a benefit nor immigration status in its own right, and an applicant cannot apply solely for a Notice of Prima Facie Case. The decision to issue such a notice rests solely with the Service. Applicants are encouraged to submit full documentation at the earliest possible time. However, bona fide candidates for self-petitioning should not postpone filing the pe tition because they are unable to immediately comply with all of the regulatory requirements. *

[Sandra G. 5,057]

jesus i misunderstood your question.I just read now that your sister is in the U.S . Please post here  which section of the 212 that she is indamissible , just saying 212 C does not help  since there are many section 212 C

 

212(a)(9)(C)(i)(I)?

212212(a)(9)(C)(i)(II) ?

212212(a)(9)(C)(i)(III) ?

 

Considering what you posted your sister has a VAWA case and probably her case will be approved.

Edited March 28, 2017 by sandranj

[Sandra G. 5,057]

Tortmaster despite USCIS posted what is necessary to receive prima facie they do not follow this rule. I had so many VAWA approved without any RFE and many of them never received prima facie. When someone has the VAWA approved without any RFE it means the person fulflled everything they ask to issue a prima facie and despite this many times they did not issue the prima facie.

[Tortmaster 75]

15 minutes ago, sandranj said:

Tortmaster despite USCIS posted what is necessary to receive prima facie they do not follow this rule. I had so many VAWA approved without any RFE and many of them never received prima facie. When someone has the VAWA approved without any RFE it means the person fulflled everything they ask to issue a prima facie and despite this many times they did not issue the prima facie.

Yes it does say "The decision to issue such a notice rests solely with the Service." That's probably the key take-away.

[Amaya1022 0]

Sandra would you recommend send all the applications at once or file 360 and then the rest of them ?

[Lifeislife 8]

is it  acceptable by USCIS  to do the therapy evaluations for VAWA over the phone ?

[gramercy 141]

34 minutes ago, Lifeislife said:

is it  acceptable by USCIS  to do the therapy evaluations for VAWA over the phone ?

USCIS doesn't do therapy evaluation.

The evaluation report is done by your therapist and you mail it as a supporting document with your case. You will not be able to add or request information over the phone, your only secure option is mail.

[Milestone2017 53]

6 hours ago, sandranj said:

I know that many people here didn't file for divorce yet, but just this year 6 people told me that they had their marriages annuled and they found out just  after  the annulment.

 

Many people  don't know where the spouses live and others know the spouses whereabouts  but  lied in Court saying that  they didn't know the spouse's address, that being said if you  are not divorced file for divorce asap  to avoid situations like I told here.  

What will happen if you found out your marriage is annuled even before you filed for divorce?

[B.km 11]

Good evening, 

Can someone help me plz. My prima facie will expire april 5. I requested for my second beginning of march. Havent heard anything. Should i be worried. What should i do. What happens when prima facie expries? 

[Willow81 14]

Can someone please help me with the below.

 

I included my 6 year old on my I-360 and filed I-485. My EAD card has been posted to me.

 

I need to know if i can apply for a social security number for him too when i receive my EAD card? 

[gramercy 141]

19 minutes ago, Willow81 said:

Can someone please help me with the below.

 

I included my 6 year old on my I-360 and filed I-485. My EAD card has been posted to me.

 

I need to know if i can apply for a social security number for him too when i receive my EAD card? 

Yes go to the social security administration with your EAD and another acceptable form of id & u shall get the SSN in 1-4 weeks

[Willow81 14]

Just now, gramercy said:

Yes go to the social security administration with your EAD and another acceptable form of id & u shall get the SSN in 1-4 weeks

Thanks for replying Gramercy...i was concerned because i didn't know if my don could also get a SSN off of my EAD. 

[Sandra G. 5,057]

19 hours ago, sandranj said:

jesus i misunderstood your question.I just read now that your sister is in the U.S . Please post here  which section of the 212 that she is indamissible , just saying 212 C does not help  since there are many section 212 C

 

212(a)(9)(C)(i)(I)?

212212(a)(9)(C)(i)(II) ?

212212(a)(9)(C)(i)(III) ?

 

Considering what you posted your sister has a VAWA case and probably her case will be approved.

Her Vawa can be approved but if her waiver is denied  then her AOS  will be denied as well.Her case is very complicated. I sent you  a pm.

[Sandra G. 5,057]

Milestone 2017 you  need to see if there is any irregularity when she/he served you with the divorce papers   (in person or through the  newspaper ) if some irregularity is found then you  need to hire an attorney to cancel the  annulment  and file for divorce.  

 

If your spouse didn't know where you were living and served you  trough the newspaper then you  are screwed  if you didn't contest  when the time to contest was open.