VAWA, Part 9

[staypositive 51]

Hey guys,

I have been a silent reader in this forum all year and I am really grateful for all the information on this forum.

It has been a brutal year and knowing that there are kind and caring people out there helps.

 

My question:

I have lived in NYC for 2 years and 11 months (1 month less than 3 years) at the time of filing / when I sent my certificate of conduct with my I-360. Will I receive an RFE for it being 1 month less than 3 years? Also, is there an expiration / "not older than" date for a certificate of conduct from the home country? If someone who has been through this could help, that would be great. Thank you.

 

And in case that I can be of any help, here's my timeline so far:

I-360 package received: June 2017

Prima Facie: July 2017

EAD expiration date: Oct 2017

Applied for renewal since I-485 on hold: August 2017

EAD Approved 11/13/2017

EAD card in hand: 11/21/2017

 

Thanks in advance and happy holidays. 

[Sandra G. 5,049]

22 hours ago, sunkissed1 said:

PallasAthena, can you please give a summary of the story? I tried to watch it but everything is in español, n my Spanish sucks LOL  😏🤔

 I am helping this woman with her U visa. She is from Brazil, she came to visit the U.S and soon after arriving she met a friendly guy with whom she started dating and he is Brazilian as well, they fell in love and they became engaged, well she believed he was in love, she couldn't be more wrong. She got pregnant and the abuse started, she was severely abused physically, sexually and psychologically, from the very beginning of her pregnancy. He threw her phone in the toilet and keeping her from reaching out for help.Her passport disappeared. She was assaulted several times, the baby was born, and the physical abused continued, one day she managed to call 911 to get help. The police officer went to the house and took a statement from the paternal grandmother and baby’s father and they accused her to be the abuser, since she doesn’t speak English she couldn’t give her side of the story, as a result, she was arrested when her baby was a newborn 30 days old. He is a former army personnel and knows how to beat up without leaving bruises, but twice he left bruises, but  not the time she was an arrested, then she lost temporary custody of her daughter, who was 1 month old,  he  went to the Family Court in NY and showed them the police report that he got against her alleging that he was a victim of domestic violence and that she had mental problem and he was afraid to leave the baby with her. She was breastfeeding the child when the Family Court took the child away from her. She left jail after 20hours and she did not know one single person in the U.S. She had to beg for money on the streets. Shelters for victims of domestic violence did not accept her because she was arrested.So many injustices happened with this young woman, but the Criminal Court dismissed her case, found her to be the victim but ruined her life!

 

She went to jail twice because he twisted around the truth again. After many false allegations, part of the Justice prevailed and her ex from “victim” became the perpetrator and he  was arrested, twice, and had 3 restraining order  granted against him and the charges against her were dismissed, but the family Court gave  supervised visits in a clinic in which she was told in the Order that she could not feed or give anything to drink , she could not change the baby’s diapers, and to make things worse at the last order, she was forbidden to bring toys, take pictures, and change the baby’s clothes. Her Judge is terrible, to say the least. She was able to see her daughter when she was 20 months old, after 15months fighting in the Justice, and she can see for 1 hour, once a week and she has to pay each supervised visit $120, and she was able to see her child 3/4 times in 2 years, because the Family Court just recently allowed her to see the child, but her Judge  is terrible.

 

When she was arrested all pro bono attorneys refused to help her with the custody then she borrowed $10k for many people in Brazil, she got a job and her boss gave part of the money to pay the attorney who promised to give her child back, 5 months went by and he didn’t file one single petition with the Court, we will represent him soon with the Bar Association, she needs at least to be suspended  to work as an attorney. She had to hire a new attorney and she works 16hours per day.She was an attorney in Brazil and now she is cleaning offices late night after work time,  she is cooking  and delivering food, making cakes, but it’s not enough to pay the Family Attorney fees, plus she will need to hire forensic psychologists, a good one costs around $10k to be heard in Court . The father is denying her to see her daughter and it seems the new attorney is a bad one as well because until now the attorney did not ask his arrest for contempt of Court order, and we might have to find a new one. 

 

She has not seen her baby in over 2 months. She will never give up on her child and will fight for her daughter every day of her life but she cannot do it alone anymore,  to keep the fight she needs our help to pay for legal fees(Family Attorney) and to hire forensic psychologists.A gofund page was created if anyone is interested to donate contact me please and I will send you a pm. I tried in the past 5 days to find a Family pro bono attorney and no one accepted her case because she started the Custody case already with a private attorney, but she had to hire a private one, she did not have any other choice. The pain of not having her daughter is worse than any abuse that she endured. He beat up his former wife, she did not know about it, because like all abusers he was charming when he met her.He broke his ex-wife's teeth,  and guess what? He is dropping the child with his former wife for her to take care of the child. He has zero love for his child. He just wants to keep the child away from her, because he is a despicable human being, he is a man with his moral compass broken. I want to believe even when human fails the Truth and the Justice will prevail, someday…somehow. I need to have faith in the system that I work even when we find bad cops, bad attorneys, and a bad Judge.I will give my best to have her immigration case approved.  I will contact the District Attorney Office next week. 

 

 I handled thousands of cases but her case is so far the worst case of abuse. Just a monster is capable to assault a pregnant woman many times and take her child away. She would leave the U.S in a heartbeat with her daughter if she could. She was an attorney in Brazil with a good career and here she became a mere shadow of her old self. I watched her interview twice and twice I could not stop crying, then I can't even imagine her pain. Seeing her begging for us to help her to have her child back is heartbreaking. She cried a lot during her interview and so do I. Compassion is the ability to literally feel the pain of others. Hug your children today, feel blessed! .

 

“Compassion is the sometimes fatal capacity for feeling what it is like to live inside somebody else's skin. It's the knowledge that there can never really be any peace and joy for me until there are peace and joy finally for you too. ” 
(Frederick Buechner).

[Denise52091 4]

8 hours ago, Denise52091 said:

I'm from october and just got approved on December 20..with no rfes I also did the whole process on my own

 

Thank you!I filed on october 12 2016..it was nerve wrecking because all i did was do alot of research online and did everysingle thing on my own with no ones help..my case went smooth all the waiting was worth it:)

[Sandra G. 5,049]

Hope 69,Kpositafo, ILvisajourney  CONGRATULATIONS!

[Sandra G. 5,049]

8 hours ago, staypositive said:

Hey guys,

I have been a silent reader in this forum all year and I am really grateful for all the information on this forum.

It has been a brutal year and knowing that there are kind and caring people out there helps.

 

My question:

I have lived in NYC for 2 years and 11 months (1 month less than 3 years) at the time of filing / when I sent my certificate of conduct with my I-360. Will I receive an RFE for it being 1 month less than 3 years? Also, is there an expiration / "not older than" date for a certificate of conduct from the home country? If someone who has been through this could help, that would be great. Thank you.

 

And in case that I can be of any help, here's my timeline so far:

I-360 package received: June 2017

Prima Facie: July 2017

EAD expiration date: Oct 2017

Applied for renewal since I-485 on hold: August 2017

EAD Approved 11/13/2017

EAD card in hand: 11/21/2017

 

Thanks in advance and happy holidays. 

 

I didn't understand what you are asking.If you submitted police clearance from all places that you lived in the past 3 years you are good. USCIS probably will ask you the home Country certificate update 

[staypositive 51]

4 hours ago, sandranj said:

I didn't understand what you are asking.If you submitted police clearance from all places that you lived in the past 3 years you are good. USCIS probably will ask you the home Country certificate update 

Sorry about the confusion. I was just wondering since I lived in the US 1 month less than 3 years when I filed my VAWA, if they will send me an RFE for police clearance from my home country for that 1 month. I will just request one now from my home country and have it translated just in case I get an RFE. Thank you.  

[miloy001 26]

28 minutes ago, staypositive said:

Sorry about the confusion. I was just wondering since I lived in the US 1 month less than 3 years when I filed my VAWA, if they will send me an RFE for police clearance from my home country for that 1 month. I will just request one now from my home country and have it translated just in case I get an RFE. Thank you.  

This is what VSC says for Good Moral Character:

 

Primary evidence of the Petitioner's good moral character is her affidavit, accompanied by a police clearance from each place the Petitioner resided for six or more months during the three-year period immediately preceding the filing of the VAWA petition. 8 C.F.R. § 204.2(c)(2)(v).

 

Any answer to your questions other than from VSC is just a guess. If I were you, I would request a police clearance letter from home country in advance in case VSC issue a RFE, or even sent a copy to VSC using the blue sheet.

[Desert Storm 10]

I did an infopass recently and it seems my VAWA was already approved on Nov 30th this year. I am not confident about it because the status has not yet changed. I have not received approval letter. What do I do? I contacted Congressman’s office, they said they’ll get back but no update from them. Apart from doing another infopass in next 2 weeks what else can I do? 

[miloy001 26]

49 minutes ago, Desert Storm said:

I did an infopass recently and it seems my VAWA was already approved on Nov 30th this year. I am not confident about it because the status has not yet changed. I have not received approval letter. What do I do? I contacted Congressman’s office, they said they’ll get back but no update from them. Apart from doing another infopass in next 2 weeks what else can I do? 

Have you tried this:

https://cisomb.dhs.gov/oca/form7001.aspx

 

[ILvisajourney 5]

Hello thanks for reading 

 

my i360 just approved 12/20 and my husband is a LPR

I'm looking at priority date   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

 

there are two different dates for F2A

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES     01 FEB 2016

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS                    01 NOV 2016

 

can I start filing adjust of status  base on chart B, or I have wait for chart A?

 

[miloy001 26]

25 minutes ago, ILvisajourney said:

Hello thanks for reading 

 

my i360 just approved 12/20 and my husband is a LPR

I'm looking at priority date   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

 

there are two different dates for F2A

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES     01 FEB 2016

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS                    01 NOV 2016

 

can I start filing adjust of status  base on chart B, or I have wait for chart A?

 

You can submit your AOS applications based on the B list. You may expect a visa number is available based on A list.

[miloy001 26]

5 hours ago, ILvisajourney said:

Hello thanks for reading 

 

my i360 just approved 12/20 and my husband is a LPR

I'm looking at priority date   https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-january-2018.html

 

there are two different dates for F2A

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES     01 FEB 2016

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS                    01 NOV 2016

 

can I start filing adjust of status  base on chart B, or I have wait for chart A?

--You can submit your AOS applications based on the B list. You may expect a visa number is available based on A list.

See this for the explanation:

https://www.uscis.gov/visabulletininfo

 

Basically, USCIS decide which list to use for filing. For example, for family based, and for Dec 2017 and Jan 2018, you can use B list.

So it depends on your priority date and check the above page to see which list to use.

 

Edited December 24, 2017 by miloy001

[Sandra G. 5,049]

8 hours ago, staypositive said:

Sorry about the confusion. I was just wondering since I lived in the US 1 month less than 3 years when I filed my VAWA, if they will send me an RFE for police clearance from my home country for that 1 month. I will just request one now from my home country and have it translated just in case I get an RFE. Thank you.  

They might ask you.

[Mnmnm 11]

On 12/21/2017 at 10:57 PM, ILvisajourney said:

I can't believe My I360 approved yesterday. I am so excited and I can't  believe, because I have checked my case status hundreds of time. no update.

 

I filed sept 2016, 

rfe received sept 2017 for good moral character

replied rfe nov 2017

approved 12/20

 

It a 15 months journey.

 

I have to move on for file I-485, AP, EAD

 

Case Was Approved

On December 20, 2017, we approved your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , Receipt Number EACxxxxx. We will mail your approval notice. Please follow the instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

 

 

Congratulations on your approval 🍾🎉

did you receive any prima facie? 

Thanks

[Military 78]

42 minutes ago, Mnmnm said:

Congratulations on your approval 🍾🎉

did you receive any prima facie? 

Thanks

Congratulations @ILvisajourney all the best with the AOS. What was the RFE  for if you don't mind? Good moral character?

Edited December 24, 2017 by Military