VAWA, Part 10

[Sandra G. 5,049]

On 6/27/2018 at 11:26 PM, Shallovercome32 said:

Hi Sandraj, 

I didn't file for EAD at all as my EAD will not be expiring until April 2019.  This is the only update I have had since the day they received my case.. I had no RFEs on the I-360 it just went from fees been waived to card is being produced. 

 

If you have a pending AOS then your AOS maybe was approved without interview.

[Sandra G. 5,049]

On 6/27/2018 at 11:28 PM, Florecita_Bella said:

Hello Sandra:

Can you give me your opinion about if you consider the following example as economic abuse:

If the abuser withdraws the money from the joint account and places it in a personal account, leaving the account in common in zero (0) balance and two days after the abuser has decided to accept what the abuser is demanding, the abuser returns the money He had withdrawn from the joint account, that is, that there were several times.

Please give me your opinion

 

Considering what you said your situation IS NOT a complete ground for  VAWA, financial abuse is making  a person financially dependent in situations such as maintaining total control over the victim's finances, or withholding access to money to buy  food, medication, for an extended period of time, stealing the partner's identity, not allowing the spouse to work or earn money, using the victim credit card without the victim consent and buying unnecessary things, I run up debt in the victim's name.

[Sandra G. 5,049]

On 6/28/2018 at 1:58 PM, i-need-help-pls said:

Thanks so much Sandra. 

Thanks for the advice, When i saw the letter and pictures and i asked her she turn it to violence and calling me names .  We went to music concert with friends and we had  argument inside my friend car ,she slapped me in the present of them. We went to oil change shop and we met uncle there,we had misunderstanding and she slapped me  in his present. she always ask for sex after smoking marijuana or when i am back from work and tired,  etc

With all of the above , she threaten me with deportation and gun if i report her to police. i just make police report after separation because she can not see me. 

Thanks so much . 

Thanks for the advice, When i saw the letter and pictures and i asked her she turn it to violence and calling me names .  We went to music concert with friends and we had  argument inside my friend car ,she slapped me in the present of them. We went to oil change shop and we met uncle there,we had misunderstanding and she slapped me  in his present. she always ask for sex after smoking marijuana or when i am back from work and tired,  etc

With all of the above , she threaten me with deportation and gun if i report her to police. i just make police report after separation because she can not see me. 

 

To prove physical abuse you need to have a police report or a restraining order or stayed in a shelter or to gather notarized affidavits from people who witnessed the abuse ,just your words will not be enough.

[MJM2001 14]

On 6/27/2018 at 3:09 PM, Florecita_Bella said:

If the abuser withdraws the money from the joint account and places it in a personal account, leaving the account in common in zero (0) balance and two days after the abuser has decided to accept what the abuser is demanding , the abuser returns the money he had withdrawn from the joint account, is not that considered economic abuse ?, there are text messages showing that the abuser did that several times.
Please give me your opinion

I had that ####### happen to me but I never used economic abuse not told USCIS about it. My lawyer told me they don't really care about it.

[Sandra G. 5,049]

28 minutes ago, digonyc said:

Thank You! 

I have received a EAD C31 two weeks ago and so far no approval notice. 

There was a update on my I360 about a card being produced.  Week later the C31 arrived!

 

Thank you for your time.

 

Go to infopass to see if USCIS approved your VAWA. The USCIS website is not reliable and as I said before I know many people who had VAWA approved and they  did not know until the AOS interview date.

[Shallovercome32 38]

30 minutes ago, sandranj said:

If you have a pending AOS then your AOS maybe was approved without interview.

OK thank you much I will wait for the letter in mail.. 

[Ingodshands94 41]

43 minutes ago, Valerie899 said:

I have a question, does anyone who send the form i-765 c9 did you guys send it to vermont or the dallas and phoenix one? I’m confused on that.

You have to send it to Vermont. I was confused about this too because the instructions say different. I followed what @sandranj said and other people here. I got a receipt notice and 180 days extension 3 weeks after.

[Valerie899 80]

10 minutes ago, Ingodshands94 said:

You have to send it to Vermont. I was confused about this too because the instructions say different. I followed what @sandranj said and other people here. I got a receipt notice and 180 days extension 3 weeks after.

Thank you! I was confused with the instructions too 

[Sandra G. 5,049]

On 6/28/2018 at 1:13 AM, Wifetexas said:

Sandra i am really sorry but I cannot exactly understand what you mean with thiis . If you can please use a simple words and explain to me. Thanks

The Board of Immigration gave a decision in one case ( Matter of Arrabally) that if someone travels abroad using advance parole and when the person returns to the U.S he/she cannot be considered inadmissible for inspection at a United States port of entry just because the person was without status in the U.S, that being said in case you travel and when you return the officer at the Port of Entry denies your entry DO NOT SIGN anything and ask to see a Judge and the Judge will allow you to enter, the officers at the POE know about this rule then they are allowing a person  who was here without status to reenter using an advance parole, but  if a person  was  previously deported or have a pending deportation or any misrepresentation this rule doesn't apply.

[rza 57]

2 hours ago, sandranj said:

The Board of Immigration gave a decision in one case ( Matter of Arrabally) that if someone travels abroad using advance parole and when the person returns to the U.S he/she cannot be considered inadmissible for inspection at a United States port of entry just because the person was without status in the U.S, that being said in case you travel and when you return the officer at the Port of Entry denies your entry DO NOT SIGN anything and ask to see a Judge and the Judge will allow you to enter, the officers at the POE know about this rule then they are allowing a person  who was here without status to reenter using an advance parole, but  if a person  was  previously deported or have a pending deportation or any misrepresentation this rule doesn't apply.

what about the criminal history of misdemeanour ?? 

[Goyo 68]

8 hours ago, Pinkrlion said:

Vawa will forgive, but she will be denied I-485.  You still have to have legal presence.  That is different than an overstay of a visa.  This is where a lawyer is needed.

I think you are wrong! Basically this is saying that’s Vawa petitioners are exempt from being inadmisible due to  entering without inspection. Now the question will be if a waiver has to be file with I485? Go to the link and get informed. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7.html

from Adjustment of Status
Foreign National	INA Section	Entries and Periods of Stay to Consider	Exempt  from Bar
Crewman [80]	245(c)(1)	Only most recent permission to land, or admission prior to filing for adjustment	VAWA-based applicants
In Unlawful Immigration Status On The Date The Adjustment Application Is Filed   OR   Who Failed to Continuously Maintain Lawful Status Since Entry into United States [81]    OR   Who Continues in, or accepts, Unauthorized Employment Prior to Filing for Adjustment	245(c)(2) [82]	All entries and time periods

Edited June 30, 2018 by Goyo

[Pinkrlion 2,724]

19 minutes ago, Goyo said:

I think you are wrong! Basically this is saying that’s Vawa petitioner are exempt from being inadmisible due to  entering without inspection. Now the question will be if a waiver has to be file with I485?

from Adjustment of Status
Foreign National	INA Section	Entries and Periods of Stay to Consider	Exempt  from Bar
Crewman [80]	245(c)(1)	Only most recent permission to land, or admission prior to filing for adjustment	VAWA-based applicants
In Unlawful Immigration Status On The Date The Adjustment Application Is Filed   OR   Who Failed to Continuously Maintain Lawful Status Since Entry into United States [81]    OR   Who Continues in, or accepts, Unauthorized Employment Prior to Filing for Adjustment	245(c)(2) [82]	All entries and time periods

That is true, Sandra says all the time just because you are approved for VAWA doesnt mean you will be approved for I-485.  The green card process is different, and you can be denied for admissibility issues, and entry without inspection, that is why they say in these cases it is not DIY and they need a lawyer.

Edited June 30, 2018 by Pinkrlion

[i-need-help-pls 72]

6 hours ago, sandranj said:

To prove physical abuse you need to have a police report or a restraining order or stayed in a shelter or to gather notarized affidavits from people who witnessed the abuse ,just your words will not be enough.

Thanks a lot .  Most of  my friends help us to wrote USCIS a letter in April 20018 and testify that our Marriage is good and enter in good faith,  Three of them was there when my wife slapped me in birthday party in January 2018.  Can they still write letter that they witness the abuse in January ? 

[Goyo 68]

33 minutes ago, Pinkrlion said:

That is true, Sandra says all the time just because you are approved for VAWA doesnt mean you will be approved for I-485.  The green card process is different, and you can be denied for admissibility issues, and entry without inspection, that is why they say in these cases it is not DIY and they need a lawyer.

Of course is different. I360 is the first process and I485 is the adjustment. Vawa exempt a lot inadmisibilities including even working withou work permit. Who told you you can be denied for entry without inspection?????”YOU STATED THAT SHE WILL BE DENIED” As far as I know Vawa self petioners are exempt from bar. Now the problem will be if they were deported and reentered to the country and for that there is the 601 waiver. I hate when people give inacurateinformation without being informed or educated about the topic. I read a lot and I always try my best to give accurate info to people. 

Edited June 30, 2018 by Goyo

[sunkissed1 6]

On 6/25/2018 at 9:44 AM, Aburi2018 said:

Hello everyone,I am new to this forum and I’m a june 2017 vawa filer.I’ve received 2 prima facies so far.Divorced with 1 kid and recently received 2 different emails about your case is being reviewed but no updates at this time.I am in school using my prima facie to get financial aid!

Welcome tot he forum, and all the best. Try and read through the posts and you’ll get lots of beneficial info that way.