VAWA, Part 10

[MariFD 34]

1 hour ago, iwillsurvive said:

If you submitted I-485, you may select category c9 on the I-765 form, which means you will receive EAD 3-5 months after submitting I-765. If you submit I-765 selecting category c31, you will receive EAD after I-360 is approved. 

How you entered does not matter when it comes to the category of your EAD. 

Thank you for the reply @iwillsurvive! I have been doing my best to find all the information needed to file VAWA. Its such a complicated petition, very confusing at times.

 

So far this forum HAS THE BEST information, and its nice to see many people going through the same thing as me. I CANT afford a lawyer, I have been trying to find a pro bono lawyer. Its so difficult because most are not informed and do not have much knowledge about VAWA. Still no luck. 

 

So far this is the outline I have for the petition:  

 I-912:  FEE WAIVER 

I-360 : VAWA
485: GREEN CARD AOS

G-325A, Biographic Information
i765 : WORK PERMIT ( do it category c9) 
 I-864W :  Request for Exemption for Intending Immigrant's Affidavit of Support
 G1145 :  E-Notification of Application/Petition Acceptance

 

My Affidavit of what happened.

 Police report / psychological evaluation / documentation of visit to the hospital or clinic. 

Birth certificate of USA abuser 

Prove that we lived together 

Good moral character document from police clearance  

 

I think I'm on the right page so far. 

 

I would appreciate any feedback from anyone. 

 

 

Edited July 3, 2018 by MariFD

[Goyo 68]

43 minutes ago, Florecita_Bella said:

Someone that please help me with this concern please:
If a person who was denied his I-485 because his ex-wife withdrew the I-130 petition, that is, he does not have immigration status, he does not have an order of deportation, but he needs to find a police letter of good behavior (Police clearances) in the state of florida and had to give his social number in the police precinct.
Question:
Can the police, before delivering the letter of good behavior, contact ICE when they realize that the person does not have legal status?
Thank you!!!

No, “the type of questions that you make here” lol😂. You are going nuts before you get your Vawa or Green Card approved😂. Anyway, I requested a letter of good moral in my precinct and I wasn’t ask about a social # or immigration status. As far as I

know they look you up in their data base.

[Goyo 68]

15 minutes ago, MariFD said:

Thank you for the reply @iwillsurvive! I have been doing my best to find all the information needed to file VAWA. Its such a complicated petition, very confusing at times.

 

So far this forum HAS THE BEST information, and its nice to see many people going through the same thing as me. I CANT afford a lawyer, I have been trying to find a pro bono lawyer. Its so difficult because most are not informed or have much knowledge about VAWA. Still no luck. 

 

So far this is the outline I have for the petition:  

 I-912:  FEE WAIVER 

I-360 : VAWA
485: GREEN CARD AOS

G-325A, Biographic Information
i765 : WORK PERMIT ( do it category c9) 
 I-864W :  Request for Exemption for Intending Immigrant's Affidavit of Support
 G1145 :  E-Notification of Application/Petition Acceptance

 

My Affidavit of what happened.

 Police report / psychological evaluation / documentation of visit to the hospital or clinic. 

Birth certificate of USA abuser 

Prove that we lived together 

Good moral character document from police clearance  

 

I think I'm on the right page so far. 

 

I would appreciate any feedback from anyone. 

 

 

Your own translated birth certificate or passport. Passport photos for the forms.

[Florecita_Bella 16]

25 minutes ago, Goyo said:

No, “the type of questions that you make here” lol😂. You are going nuts before you get your Vawa or Green Card approved😂. Anyway, I requested a letter of good moral in my precinct and I wasn’t ask about a social # or immigration status. As far as I

know they look you up in their data base.

My friend is worried because he delivered his Social Security number and Florida is not a sanctuary city. In addition, they take 24 hours to deliver the letter, which suggests that this time could be to contact ICE.

[Goyo 68]

1 hour ago, Florecita_Bella said:

My friend is worried because he delivered his Social Security number and Florida is not a sanctuary city. In addition, they take 24 hours to deliver the letter, which suggests that this time could be to contact ICE.

No do not worry. I requested  from two different cities. One took a week and the other one three days. 

[Goyo 68]

14 minutes ago, Goyo said:

No do not worry. I requested  from two different cities. One took a week and the other one three days. 

 

1 hour ago, Florecita_Bella said:

My friend is worried because he delivered his Social Security number and Florida is not a sanctuary city. In addition, they take 24 hours to deliver the letter, which suggests that this time could be to contact ICE.

Uscis is not out there trying to catch you.  You or your friend are only requesting a letter of good conduct.  One of the ways that the police department will notify USCIS is if you are in police custody.  Now if you have your vawa pending try to relax a lil. I understand how stressful this could be, but worrying 24/7 will not expedite the process. 

[pamequez 22]

Hi sandranj and everyone here!
I am currently helping a friend. (I know that sounds fake, but it really is my friend who doesn't speak English.)  If you check my profile you will see that I was on visajourney while petitioning my husband from Ecuador. He was approved And I felt very confident since I was able to do all the paperwork myself, with the help of visajourney.  Because of this my friend, lets call her JC requested my help in her applying for vawa. 

JC is married for almost two years now to a US Citizen. She fell in love with him when they met and dated prior to marrying here in the U.S. She brought her two daughters to live with her and her husband.  It was last summer that JC's oldest daughter told her that the step father was sexually abusing her. JC Moved out of the house and after various hospital and therapists visits, it was ruled that the girl was abused.  JC's husband ran away, he is gone. JC filed restraining orders and was granted this.  The daughter is going to therapy and JC is working as a nanny to try to make ends meet.  JC was also psychologically abused because he would keep her from coming outside and never wanted her to adjust status.  He even created a false new name for her when he did his taxes. He changed her last name to his last name without her permission, and it was fraudulent because she never changed her last name.  We combined all the paperwork, therapist letters, court records, prior issues from the husband(turns out he was married 4 times!) and marriage details that JC was in love when she was married. JC was reluctant to file for VAWA but now she believes that her husband is living in Ecuador and she fears to go back to Ecuador and he could hurt her and her daughters.  

We sent everything on May 25th.  And on June 25th, JC received a I-797 saying her case was received. BUT it only has her name. It does not have her daughters name.  Then last week she received a biometrics appointment for next week- again it is only her name. No where does it mention the daughters. We are worried that they are missing in the paperwork. THEN we received her I-485 returned requesting payment, we forgot to send the Waiver I 912. I am helping her with this now and she will send today.  

In the initial file we sent back in MAY, we sent the following:

One I360 with JC name and her daughers name (Ages 11 and 9 years old)

ONE I I-360 and I-485 (with I-765 and G-1145 and I-
131). She included all the following documents that are proof.

Please advise if this was incorrect. Can we fix this. We can send another I-360? 

When JC called USCIS, they said they can't tell her over the phone. 

 

THANK YOU!!!

[Sandra G. 5,049]

4 hours ago, MariFD said:

Sorry for the confusion @sandraj. I'm trying to file VAWA and get EAD. (I want to work as soon as possible, no income)

I found this information below : 

""" Form I 360 nowadays has a question 12: if an applicant would like to receive an employment authorization incident to the approval of I 360 form. If an applicant checks this box, then he/she would receive an employment authorization after the approval of I 360 form automatically, without filing I 765 form, under c(31) eligibility category. Mind here: it may take longer than a year to receive an approval of I -360 form, and all this time, a person would not be able to work legally. "" 

 

My abuser is a USA citizen.

If I file VAWA i360 and i485 and i765 all at the same time can I get EAD while VAWA is pending due to pending i485?

Even if I Entered without inspection?

 

Or do I have to wait for VAWA to be approved first before they issue an EAD.

 

Thank you for helping us all. God bless you. 

 

Yes if you file for adjustment of status you can get a work permit under the category C9 instead of waiting for the VAWA approval, but keep in mind if your I-360 and you have a pending AOS you will be removed from the U.S. There is no problem because you entered without inspection ok.

[Sandra G. 5,049]

1 hour ago, pamequez said:

Hi sandranj and everyone here!
I am currently helping a friend. (I know that sounds fake, but it really is my friend who doesn't speak English.)  If you check my profile you will see that I was on visajourney while petitioning my husband from Ecuador. He was approved And I felt very confident since I was able to do all the paperwork myself, with the help of visajourney.  Because of this my friend, lets call her JC requested my help in her applying for vawa. 

JC is married for almost two years now to a US Citizen. She fell in love with him when they met and dated prior to marrying here in the U.S. She brought her two daughters to live with her and her husband.  It was last summer that JC's oldest daughter told her that the step father was sexually abusing her. JC Moved out of the house and after various hospital and therapists visits, it was ruled that the girl was abused.  JC's husband ran away, he is gone. JC filed restraining orders and was granted this.  The daughter is going to therapy and JC is working as a nanny to try to make ends meet.  JC was also psychologically abused because he would keep her from coming outside and never wanted her to adjust status.  He even created a false new name for her when he did his taxes. He changed her last name to his last name without her permission, and it was fraudulent because she never changed her last name.  We combined all the paperwork, therapist letters, court records, prior issues from the husband(turns out he was married 4 times!) and marriage details that JC was in love when she was married. JC was reluctant to file for VAWA but now she believes that her husband is living in Ecuador and she fears to go back to Ecuador and he could hurt her and her daughters.  

We sent everything on May 25th.  And on June 25th, JC received a I-797 saying her case was received. BUT it only has her name. It does not have her daughters name.  Then last week she received a biometrics appointment for next week- again it is only her name. No where does it mention the daughters. We are worried that they are missing in the paperwork. THEN we received her I-485 returned requesting payment, we forgot to send the Waiver I 912. I am helping her with this now and she will send today.  

In the initial file we sent back in MAY, we sent the following:

One I360 with JC name and her daughers name (Ages 11 and 9 years old)

ONE I I-360 and I-485 (with I-765 and G-1145 and I-
131). She included all the following documents that are proof.

Please advise if this was incorrect. Can we fix this. We can send another I-360? 

When JC called USCIS, they said they can't tell her over the phone. 

 

THANK YOU!!!

1- First you can't combine in one VAWA application the abuse your friend suffered and the sexual abuse her daughter suffered. She just filed one VAWA petition and because of this  USCIS put just her name.

 

2- The VAWA contains provisions allowing a child who was battered or subjected to extreme cruelty by a U.S. citizen or LPR  to file a  VAWA self-petition, it seems you gals submitted everything together and it's wrong, but in this case there are 2 alternatives a)  let her daughter to be a derivative of her I-360 petition, but the abuse  her child suffered  USCIS will not take into consideration or b) to file a self petition for her daughter. 

 

3- She has the option to file a VAWA petition for her daughter and if her daughter is under 14 years old she will sign on behalf of her child, then the child who was abused will be the self-petitioner, but her sibling and mother will not be her derivatives.

 

3- Your friend submitted her forms to adjust status but it seems that she didn't file form I-485 for each one of her child and because of this their names are not in the I-485 receipt.

 

If your friend has a strong case proving that she was abused, an attorney should decide this, then I would not submit a new I-360 for her child and once her VAWA is approved she can file form I-485 for both children.

 

If the police was involved in the child sexual abuse then her daughter qualifies for U visa as well and her mother and sibling will be her beneficiaries. If she wants to file VAWA for her child she should find a pro bono attorney to help her, but I believe most attorneys will tell her to leave her children as a derivative.

Edited July 4, 2018 by sandranj

[Florecita_Bella 16]

1 hour ago, Goyo said:

 

Uscis is not out there trying to catch you.  You or your friend are only requesting a letter of good conduct.  One of the ways that the police department will notify USCIS is if you are in police custody.  Now if you have your vawa pending try to relax a lil. I understand how stressful this could be, but worrying 24/7 will not expedite the process. 

No, he does not have Vawa subdued yet.

[pamequez 22]

14 minutes ago, sandranj said:

1- First you can't combine in one VAWA application the abuse your friend suffered and the sexual abuse her daughter suffered. She just filed one VAWA petition and because of this  USCIS put just her name.

 

2- The VAWA contains provisions allowing a child who was battered or subjected to extreme cruelty by a U.S. citizen or LPR  to file a  VAWA self-petition, it seems you gals submitted everything together and it's wrong, but in this case there are 2 alternatives a)  let her daughter to be a derivative of her I-360 petition, but the abuse  her child suffered  USCIS will not take into consideration or b) to file a self petition for her daughter. 

 

3- She has the option to file a VAWA petition for her daughter and if her daughter is under 14 years old she will sign on behalf of her child, then the child who was abused will be the self-petitioner, but her sibling and mother will not be her derivatives.

 

3- Your friend submitted her forms to adjust status but it seems that she didn't file form I-485 for each one of her child and because of this their names are not in the I-485 receipt.

 

If your friend has a strong case proving that she was abused, an attorney should decide this, then I would not submit a new I-360 for her child and once her VAWA is approved she can file form I-485 for both children.

 

If the police was involved in the child sexual abuse then her daughter qualifies for U visa as well and her mother and sibling will be her beneficiaries. If she wants to file VAWA for her child she should find a pro bono attorney to help her, but I believe most attorneys will tell her to leave her children as a derivative.

Thank you very much for clear instructions. I will translate for her and help her look for a pro bono lawyer.  I think this case needs it. 

[TOVE 5]

13 hours ago, Hope953 said:

I wrote my letter in 2017 to change lawyer, I went to infopass two weeks later but no changes, it took months for uscis to actually acknowledge my request and now my address is updated and no more lawyer. When I went to infopass the lady instructed me to continue writing to uscis about termination of lawyer and address change until they did something about it. I decided to ask congressman for help on the matter

thank you for your response Hope953, I really appreciate it:)

[Naperi 15]

9 hours ago, Florecita_Bella said:

Someone that please help me with this concern please:
If a person who was denied his I-485 because his ex-wife withdrew the I-130 petition, that is, he does not have immigration status, he does not have an order of deportation, but he needs to find a police letter of good behavior (Police clearances) in the state of florida and had to give his social number in the police precinct.
Question:
Can the police, before delivering the letter of good behavior, contact ICE when they realize that the person does not have legal status?
Thank you!!!

Police will not deport you just Becouse you are looking for police clearance from them...they have nothing to do with your immigration ...unless otherwise

[Florecita_Bella 16]

7 hours ago, Naperi said:

Police will not deport you just Becouse you are looking for police clearance from them...they have nothing to do with your immigration ...unless otherwise

Thank you very much for your reply! What my friend is worried about is that the police, when they realize their immigration status, because he had to give his Social Security number, report it to ICE since according to the new rules of the administration they are, that the people Without immigration status they are criminals and have deportation priority. And the state of Florida is not a sanctuary.

[rza 57]

1 minute ago, Florecita_Bella said:

Thank you very much for your reply! What my friend is worried about is that the police, when they realize their immigration status, because he had to give his Social Security number, report it to ICE since according to the new rules of the administration they are, that the people Without immigration status they are criminals and have deportation priority. And the state of Florida is not a sanctuary.

today i got email they are reviewing my case last action took may 23 its the third time they did this