VAWA, Part 10

[Cindygodisgood1 57]

28 minutes ago, Fishy89 said:

Hi friends 

i have a question because iam a liltle bite confused ..

the last time i enterd the states was december 2016 on tourist visa and i was gauranted 6 months  .. and i filed my i485  and i130 application with my husband May 2017 .. after this my husband started abusing me and he went with me to the interview And he withdrew the case .. this was In september 2016 .. then i filed the vawa febraury 2018 .. 

my question is .. since when iam considered out of status ?! Because i want to use my AP for emergency purpose and i am very scared because of my situation ! 

I think someone said earlier it's safer to use AP once your vawa its approved 

[iwillsurvive 254]

38 minutes ago, Fishy89 said:

Hi friends 

i have a question because iam a liltle bite confused ..

the last time i enterd the states was december 2016 on tourist visa and i was gauranted 6 months  .. and i filed my i485  and i130 application with my husband May 2017 .. after this my husband started abusing me and he went with me to the interview And he withdrew the case .. this was In september 2016 .. then i filed the vawa febraury 2018 .. 

my question is .. since when iam considered out of status ?! Because i want to use my AP for emergency purpose and i am very scared because of my situation ! 

You dropped status after your tourist visa expired (180 days after you entered the US). While you had the I-130/I-485 with your husband, you were allowed to stay in the country until a decision was made but still considered out of status, now while having filed VAWA you are allowed to be in the country until a decision is made but have no status. 

[Fishy89 207]

So they guaranted me the AP and i was out of status for long time .. i think they shouldn’t have guaranted me the AP if iam not eligible !?  Am i right ? 

 

[iwillsurvive 254]

1 minute ago, Fishy89 said:

So they guaranted me the AP and i was out of status for long time .. i think they shouldn’t have guaranted me the AP if iam not eligible !?  Am i right ? 

 

Everybody gets AP who has a I-485 pending and applies for I-131. Doesn’t guarantee re-entry into the country though. 

[Fishy89 207]

Just now, iwillsurvive said:

Everybody gets AP who has a I-485 pending and applies for I-131. Doesn’t guarantee re-entry into the country though. 

That’s disappointing .. i just sent my vawa application February 2018 ! could anyone know before leaving if he is admissable or no  ? 

[iwillsurvive 254]

52 minutes ago, Fishy89 said:

That’s disappointing .. i just sent my vawa application February 2018 ! could anyone know before leaving if he is admissable or no  ? 

No it is always up to the immigration officer at the airport/border whether he/she will let you in. It is always a 50/50 chance. For some it works, for some it doesn’t. You have to decide whether the emergency is important enough to you to leave. 

[Fishy89 207]

2 hours ago, iwillsurvive said:

No it is always up to the immigration officer at the airport/border whether he/she will let you in. It is always a 50/50 chance. For some it works, for some it doesn’t. You have to decide whether the emergency is important enough to you to leave. 

Thank you so much for your help .. 

i have read somewhere that any individual who physically leaves the United States pursuant to a grant of advance parole, that individual shall not have made a "departure " within the meaning of section 212(a)(9)(B)(i) of the INA, i.e, such individual will not trigger the 3- and 10-year bars of inadmissibility. 

 

[Teemo 252]

6 hours ago, iwillsurvive said:

No it is always up to the immigration officer at the airport/border whether he/she will let you in. It is always a 50/50 chance. For some it works, for some it doesn’t. You have to decide whether the emergency is important enough to you to leave. 

Half right. Only US citizens are guaranteed entry. Of course just because the two possible outcomes are "accept" or "deny" does not make it 50/50. With advance parole you will not trigger any ban and CBP does not deny entrance unless they are aware of an issue like a recent crime or a misreprsentation you have made. Or if they determine at the port of entry you a threat to national security or to public safety. CBP is entitled to its routine and customary inspection of all people at port of entries. 

@Fishy89is correct to cite Matter of Arabally, which is controlling and well-settled law that says leaving the country on AP is not a "departure" and therefore does not trigger any ban. This has been in effect since 2012 and is ingrained now, so no worries. 

Thousands of people enter every day with advance parole, including previous overstays and those who entered illegally (ie DACA) or VAWA. Chance of denial of entry is more like 5%, not 50%. 

Edited June 5, 2018 by Teemo

[digonyc 46]

14 hours ago, Fishy89 said:

That’s disappointing .. i just sent my vawa application February 2018 ! could anyone know before leaving if he is admissable or no  ? 

i have travelled 3 times and no problem. Ps. i was illegal for 12 years before the travel

[Ziongirl 269]

Hi, someone help I got this email this morning anyone know what it means

 

We are still reviewing your case and there are no updates at this time   We will notify you when your case status changes. We last took action on your case on May 22, 2018.   This is a year since I applied for Vawa

[Tortmaster 75]

1 hour ago, Ziongirl said:

Hi, someone help I got this email this morning anyone know what it means

 

We are still reviewing your case and there are no updates at this time   We will notify you when your case status changes. We last took action on your case on May 22, 2018.   This is a year since I applied for Vawa

I got the exact same update this morning. My vawa was approved last month and they have transferred my case; but I have received dozens of duplicate updates from them and this weird update this morning which basically says there is no update. Something is going on with their notification system, but I guess they are making positive changes, and its mich better than dead silence

[Tortmaster 75]

1 hour ago, Ziongirl said:

Hi, someone help I got this email this morning anyone know what it means

 

We are still reviewing your case and there are no updates at this time   We will notify you when your case status changes. We last took action on your case on May 22, 2018.   This is a year since I applied for Vawa

Mine is identical to yours even the dates haha

[Cindygodisgood1 57]

2 hours ago, Tortmaster said:

Mine is identical to yours even the dates haha

On my 1485 only this shows

 

[Kleenex12 107]

4 hours ago, Ziongirl said:

Hi, someone help I got this email this morning anyone know what it means

 

We are still reviewing your case and there are no updates at this time   We will notify you when your case status changes. We last took action on your case on May 22, 2018.   This is a year since I applied for Vawa

At least you have an update mine is more than a year going to almost 14 months the only update is fee waived 😒😒😒😒

[Goldenvessel 2]

1 hour ago, Cindygodisgood1 said:

On my 1485 only this shows

 

I got an update on my I-360 application saying they received the letter I sent them. I did not send them any letter and do not know what they are talking about. I hope this is just a fault in their system and it is not that my husband has sent them something in my name....i’m Wondering