VAWA, Part 10

[Dharmaraj 81]

I asked Sandra about illegal entry and overstayed and she said Uscis won’t deny your application because of inadmissiblity AOS through vawa .you don’t need to worried about that.

[Goyo 68]

4 hours ago, Military said:

Technically you are correct.

 

and technically you are also correct   (General Comment) we are all here as a family going through similar situations. We share our knowledge and experiences for the betterment of the community. Sometimes we will get things wrong/right but most importantly we will learn from those moments.  As @TBoneTX would say let's all keep respectful even when we disagree and display the level of civility that creates/fosters an atmosphere for continuous sharing of information that will be beneficial to members of the VJ. 

As I mentioned above both @Pinkrlion and @Goyo are technically correct. This is one of those unique situations. In 2000 the INA was amended and some VAWA friendly language (though not clear) was added. In 2008 USCIS conducted a review and sent a memo which outlined a new interpretation of the amendment with respect to individuals that were not admitted or paroled at a port of entry in the US. In that interpretation, USCIS determined that "inspection and admission or parole” requirement does not apply to an alien who is seeking adjustment of status as an approved VAWA self-petitioner. " An April 11, 2008, USCIS guidance provides that "the Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner will not be determined to be ineligible for adjustment of status where he or she entered the United States without inspection and admission or parole. In addition, the VAWA self-petitioner will not need to show that his or her illegal entry into the United States had a substantial connection to the domestic violence, battery or extreme cruelty." Based on the foregoing and as outline in USCIS memo USCIS "interprets the introductory text in section 245(a) of the Act as effectively waiving inadmissibility under section 212(a)(6)(A)(i) (present without inspection) of the Act for any alien who is the beneficiary of an approved VAWA self-petition."

 

When a statute is written often times the language is ambiguous, so USCIS through its team of lawyers will seek to interpret what the law means and will distribute a memo to field offices and service centers with an interpretation and guidance on how officers should proceed in dealing with particular situations. However, as we have seen with the new interpretation on persons seeking asylums and what can make a person eligible, an interpretation can change and has changed, persons have had their AOS denied due to some officers being unaware of the interpretation and they are accustomed to an automatic bar being applied once you entered without inspection. Those persons would have to file an I290B (Motion to reopen or reconsider). With this current administration, there could be a new interpretation that if you entered without inspection there are no exemptions since the statute does not explicitly state it. This is where hiring a qualified and competent immigration attorney will come in helpful in navigating this tedious process. 

@MariFD In essence, though based on the 2008 memo interpretation the statute you should not face any issues with your AOS (unless of course, they have changed the interpretation) I concur however with @pinkrlion and @MsVi2 I would suggest retaining an attorney. I have attached that 2008 memo for your review if needed. 

VAWAFactSheet042208.pdf

What r you talking about no one here have offended nobody? 

[Goyo 68]

4 hours ago, Valerie899 said:

 lol this stuff is so confusing.. i mean im afraid i would get the aos denied in the sence that if my vawa gets approved, and they look at what i filled in the aos would be an issue, because i read that if you filled the i-485 wrong, plus what your status is before filling, that can be an issue. Thanks for the response by the way, in clarifying things. 

Immigration laws so confusing but do not worry even if you already filled your I485 you still can send the waiver if you need to fill one. Like others say try to consult with a expert. 

[Sandra G. 5,049]

On 6/29/2018 at 11:59 PM, Goyo said:

petioners

 

On 6/29/2018 at 11:44 PM, i-need-help-pls said:

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 ? 

I don’t understand why your friends in April 2018  wrote in their affidavits about bonafide marriage and didn’t mention about the abuse that happened in January 2018. They can write now about the abuse witnessed  but there is a possibility that their credibility will be questioned by Uscis, because if someone witnessed the abuse why they didn’t mention this before when they wrote  their affidavits in April 2018.

[Sandra G. 5,049]

On 6/29/2018 at 8:09 PM, rza said:

what about the criminal history of misdemeanour ?? 

As I mentioned before the decision given by the Board of Immigration covers just  unlawful presence in the U.S, if you have a misdemeanor there is a positivity that the will not allow you reenter.

[Sandra G. 5,049]

On 6/30/2018 at 12:31 AM, Valerie899 said:

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

It’s not up to the Immigration officer to decide about unlawful presence or if the person entered without inpection because Vawa self-petitioners are is  statutory exempt from the bars of unlawfull presence and EWI,that being said the immigration officer will not ask for a waiver in these situations,the exemption  does not apply for people who were deported and reenter without inspection ok.

[Sandra G. 5,049]

23 hours ago, MariFD said:

I have never been deported. I just entered the country illegally 23 years ago. I have a clean record.  Is the 601 waiver just for when you have been deported? Or do I still have to file it with the I-485? Thanks for the information.  

 

17 hours ago, Valerie899 said:

 lol this stuff is so confusing.. i mean im afraid i would get the aos denied in the sence that if my vawa gets approved, and they look at what i filled in the aos would be an issue, because i read that if you filled the i-485 wrong, plus what your status is before filling, that can be an issue. Thanks for the response by the way, in clarifying things. 

If you were not deported before and reentered without inspection then you don’t need a waiver to overcome inadmissibility based on unlawful presence or EWI.

[Sandra G. 5,049]

Just to clarify something here,if someone was removed from the U.S an reentered without inspection this situation makes the person inadmissible, permanently, but if the person can prove the connection between the abuse suffered and her/his removal,departure and reentry then the person can file an waiver to overcome the inadmissibility.

[Goyo 68]

50 minutes ago, sandranj said:

 

If you were not deported before and reentered without inspection then you don’t need a waiver to overcome inadmissibility based on unlawful presence or EWI.

Thanks for clarifying. We have been going back and forth about this. I knew I was right lol😂😂😂

[Goyo 68]

1 hour ago, sandranj said:

Just to clarify something here,if someone was removed from the U.S an reentered without inspection this situation makes the person inadmissible, permanently, but if the person can prove the connection between the abuse suffered and her/his removal,departure and reentry then the person can file an waiver to overcome the inadmissibility.

Thank you so much!! Uscis laws are confusing so we have to be very careful when giving our advices to people. I would be devastated if someone do not fill their forms or fill them wrong because of a wrong information. We all want to help each other and that is great because in our situations is difficult to pay a lawyer but if we don’t know somenthing we need to ask someone who is knowledgeable about the topic before giving a wrong information. We have @sandranj who is willing to answer our questions, she is our go to person here. Now stop worrying we are going to be fine. We need to keep our positivity and hopes up in order to prevail in this tedious and stressful process. 

Edited July 1, 2018 by Goyo

[FocusedFemale 60]

On 6/25/2018 at 9:27 AM, Military said:

Hopefully, other persons in a similar position will have the same result. I filed VAWA in Feb of 2017, received no RFE, status remained the same until June of 2018 when I received an update that they ordered a new card. I subsequently received a new EAD card under category 31 (which I never applied for)  today (about 10 days later) I received an email/text that my case status has been updated. I logged on with bated breath wondering what I would have seen: I saw the following: 

 

Case Was Approved

On June 25, 2018, we approved your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, Receipt Number EAC************. 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.

 

 

 

I am soooooo elated right now!  This forum and the experiences of members kept me going during the long wait. Thank you, guys!

Congratulations, fellow Jamaican, I am so happy for you! 

[Goldenvessel 2]

14 minutes ago, FocusedFemale said:

Congratulations, fellow Jamaican, I am so happy for you! 

Congratulations! Amazing news

[NICOLA2017 82]

24 minutes ago, FocusedFemale said:

Congratulations, fellow Jamaican, I am so happy for you! 

You jamaican too @FocusedFemale. Bless up i am too 

[greenteacookie 1]

Hello guys, anyone here filed for citizenship through VAWA? I obtained my permanent resident card through VAWA, I know that there is a special condition for VAWA petitioners that they could file citizenship after 3 years. Did it change recently with all the immigration policy changes? and will it have an impact if a person gets married before filing for citizenship?

 

[Ingodshands94 41]

18 minutes ago, greenteacookie said:

Hello guys, anyone here filed for citizenship through VAWA? I obtained my permanent resident card through VAWA, I know that there is a special condition for VAWA petitioners that they could file citizenship after 3 years. Did it change recently with all the immigration policy changes? and will it have an impact if a person gets married before filing for citizenship?

 

To my understanding, the rule is still the same. But this only applies if you haven’t married again . So getting married will make this benefit unavailable for you. Get married after you become a citizen.