VAWA, Part 10

[Sandra G. 5,049]

On 6/4/2018 at 11:37 AM, Florecita_Bella said:

It would be nice if someone here in the forum with much experience would clarify if the fact that a lawyer sends the FORM G-28 automatically replaces the first lawyer and USCIS never again sends information to the first lawyer

 

Yes, legally speaking the submission of a new  G-28 replaces the previous attorney representation but we all know USCIS is VERY messy then we suggest the previous attorney submit a  notice of withdrawal.

 

 

b) Substitution or Withdrawal of Representation.

It is not uncommon for applicants or petitioners to wish to change representatives or elect to forgo representation during the course of a proceeding. Notification to USCIS of the substitution or withdrawal of a representative may occur in a written notice of withdrawal by the representative of record or upon the filing of a properly completed G-28 or G-28I by the new representative². Written notifications are to be filed in the record of proceedings. An applicant or petitioner may elect to proceed without his or her representative, but must submit a written statement to the USCIS official that he or she has voluntarily chosen to proceed without representation.

 

[Sandra G. 5,049]

On 6/4/2018 at 8:34 PM, Fishy89 said:

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. 

 

2

In 2012 the Board of Immigration Appeals held that an undocumented noncitizen who has been granted an advance parole travels abroad " does not make a departure from the United States  (Matter of ARRABALLY vs Matter of YERRABELLY ( 2012).

 

 

[Sandra G. 5,049]

On 6/7/2018 at 5:51 AM, hope1303 said:

Hi every one ！

   I need you guys help with my VAWA case . 

   I had a attorney who from legal aid , I gave her all my documents in Feb 18 , when my USC husband physically abused me and sex assault me , emotionally and economic abused me since we marred after a month in 2017 . I called police twice and he was in charged .i have police report s and  psychologist ‘s notes and assessment and treatment plans . Also some pics of injures . 

    We are entered marriage in good faith . 

   My husband did applied i130 and did sponsored i864 for both my children and me . I filed AOS based on his sponsorship. 

   We are divorcing now . 

    But my attorney is not good at immigration law . She does not agrees to send my I-360 and I -485, I -765 , also she said I can not  file I-485, I -765 for my children at the time . My children are living with me at USA now and they are very young.

    She said I only can file I -360 and I-765 choose c31 for EAD . 

   At that time my children and my AOS were pending . 

   

She just wasted my 4months time and messed up my case . I got notice that USCIS denied my AOS I -485s that my husband did sponsored for my children and me , also revoked my EAD card . Deined my I-130s they my husband applied for me and my children. 

    I faird my attorney because I feel like she wasted  my time and messed up my case . I gave her my documents in Feb but even now she does not has good plan how to organize my case and just want to send I-360 for myself . But never send my case out only said I will be done it next week ! 

    I forward the notices from USCIS I got today to her and she said that is good . So she can purpose to file my VAWA . 

    

   I am looking for other attorney but since I am in the hospital give my baby birth , I don’t have time to find good one in short time . So I am thinking to send my case by my self . 

    Anyone of you please help me , what I can do ?

   Can I file I-485,i765, I 864w for my children same time with my VAWA together? My children are living with me at USA and my husband is a US citizen . 

   Can I file I-360, I-485,I 865w ,  I 765 choose c09 for my self ? 

    Is USCIS putting my children and my name on the removal list since my husband withdrawal his sponsor today ? 

    I do ask recommendation for a good attorney who is good at VAWA case and can take care of my case sooner . It would be good if attorney is in  MN or closer to MN . 

    I am totally lost ! Help me please !

    Thanks for your time ! 

    Wish all the best luck for all of you . 

    

 

62

You can file AOS for you and for your children if you are not in removal proceedings, if they are under 14  there is no need to file form I-765 for your children because they can't work.

If you want to submit the I-485 along with form I-360 THEN YOU CAN FILE FORM I-765  and put category C9.

if your children are Americans they will not have their names in the notice to appear in Court.

File form I-485,I-765 (OPTIONAL),I-131(OPTIONAL), I-864W, G1145 and I-912 if you can't pay the fees.The medical exam you can submit when the I-360 is approved.

Edited June 9, 2018 by sandranj

[Sandra G. 5,049]

On 6/7/2018 at 9:57 AM, Iceman1 said:

If you're placed in removal proceedings then you cannot file for  i-485 with the i-360. You will have to wait till the i-360 is approved before you can file for 485. You will have to appear front of immigration judge and he only has the jurisdiction over your case. Hire a really good attorney who has experience in VAWA. 

 

Your information is just partially correct. The person doesn't need to wait for the I-360 approval to file I-485 while in removal proceedings, the person can file a joint petition with USCIS counsel to terminate the removal proceedings and file FOR ADJUSTMENT OF STATUS. USCIS can adjudicate the I-485, not just the Immigration Court.

[Sandra G. 5,049]

On 6/7/2018 at 9:12 PM, Mnmnm said:

You are right! I got the form from USCIS office they should at least have an updated form. Thank you. And do I need to pay the fees now since I wasn’t able to pay it the first time but now I can afford? 

 

And the most recent I-765 form on the website expires on 02/2018. They don’t have a recent one. Do you know where I can get the  recent one? Thank you 

 

There is no fee to renew the work permit, if are using the same category.

[Florecita_Bella 16]

3 hours ago, sandranj said:

Yes, legally speaking the submission of a new  G-28 replaces the previous attorney representation but we all know USCIS is VERY messy then we suggest the previous attorney submit a  notice of withdrawal.

 

 

b) Substitution or Withdrawal of Representation.

It is not uncommon for applicants or petitioners to wish to change representatives or elect to forgo representation during the course of a proceeding. Notification to USCIS of the substitution or withdrawal of a representative may occur in a written notice of withdrawal by the representative of record or upon the filing of a properly completed G-28 or G-28I by the new representative². Written notifications are to be filed in the record of proceedings. An applicant or petitioner may elect to proceed without his or her representative, but must submit a written statement to the USCIS official that he or she has voluntarily chosen to proceed without representation.

 

Everyone in this forum should be very grateful for the great help that day after day selflessly Sandra gives us all !!!!!
Thank you very much Sanadra!

[Juta 4]

Hi Everyone,

 I just received a mail from USCIS for a biometrics appointment for my i360. Is this normal? Considering the fact that I only filed for i360?

Thanks in advance. 

[Dejoy 13]

4 hours ago, Cindygodisgood1 said:

I had the same rfe and I just sent affidivits from friends and family my vawa was just approved yesterday 

When did you file i360 pls 

[Cindygodisgood1 57]

16 hours ago, Dejoy said:

When did you file i360 pls 

I filed in November 3RD 2016

[Kleenex12 107]

18 hours ago, Juta said:

Hi Everyone,

 I just received a mail from USCIS for a biometrics appointment for my i360. Is this normal? Considering the fact that I only filed for i360?

Thanks in advance. 

When did u file?

[MsVi2 50]

22 hours ago, Juta said:

Hi Everyone,

 I just received a mail from USCIS for a biometrics appointment for my i360. Is this normal? Considering the fact that I only filed for i360?

Thanks in advance. 

Did you file your i360 with the i485 and i765? If so, yes it's normal. 

[Juta 4]

5 hours ago, Kleenex12 said:

When did u file?

I filed November 2016

[Juta 4]

2 hours ago, MsVi2 said:

Did you file your i360 with the i485 and i765? If so, yes it's normal. 

I filed only i360. The notice says I should come for a code 2 biometrics

[FocusedFemale 60]

Hi Guys,

 

I reapplied for EAD at the end of February, and got the extension letter a week later; it is approaching the 180 Days extension limit, should I resend the EAD application? 

[Miracle28 16]

4 minutes ago, FocusedFemale said:

Hi Guys,

 

I reapplied for EAD at the end of February, and got the extension letter a week later; it is approaching the 180 Days extension limit, should I resend the EAD application? 

Same for me. Still hasn't received the new card and the notice expires end of September