VAWA, Part 10

[iwillsurvive 254]

42 minutes ago, Florecita_Bella said:

I have psychological evaluation, text messages and evidence of economic abuse. You have heard of cases that are approved without a police report.
What's your opinion about it?
Thank you…

You don’t necessarily need a police report if you have a psychological evaluation. Your affidavit and witness statements are going to be very important too. 

 

My VAWA got approved without a police report but I had a solid affidavit and around 8 witness statements that were all very in-depth. 

[Florecita_Bella 16]

14 minutes ago, iwillsurvive said:

You don’t necessarily need a police report if you have a psychological evaluation. Your affidavit and witness statements are going to be very important too. 

 

My VAWA got approved without a police report but I had a solid affidavit and around 8 witness statements that were all very in-depth. 

In case the psychological evaluation sent to USCIS is not so solid, before denying the case, would USCIS request more evidence of abuse? In the event that USCIS requests more evidence of abuse, can a second psychological evaluation be sent after having attended more than 12 therapeutic sections with another therapist?

[iwillsurvive 254]

39 minutes ago, Florecita_Bella said:

In case the psychological evaluation sent to USCIS is not so solid, before denying the case, would USCIS request more evidence of abuse? In the event that USCIS requests more evidence of abuse, can a second psychological evaluation be sent after having attended more than 12 therapeutic sections with another therapist?

Yes, USCIS will send an RFE if they need more evidence. Don’t send them things randomly though if they don’t ask for them. An RFE always prolongs your case though, so sending a solid case is always advised. 

[Florecita_Bella 16]

7 minutes ago, iwillsurvive said:

Yes, USCIS will send an RFE if they need more evidence. Don’t send them things randomly though if they don’t ask for them. An RFE always prolongs your case though, so sending a solid case is always advised. 

It means that before the USCIS denies the case for lack of evidence of abuse, can one send a new psychological assessment letter stronger than the one previously sent? If so, it's good news, thank you ...

[iwillsurvive 254]

Just now, Florecita_Bella said:

It means that before the USCIS denies the case for lack of evidence of abuse, can one send a new psychological assessment letter stronger than the one previously sent? If so, it's good news, thank you ...

If they ask for more evidence, then yes. 

[Roms2017 115]

8 hours ago, sandranj said:

Depositing a  fake check is a crime but this is not a ground for VAWA.

Thanks for the Answer

[Bryan12 17]

9 hours ago, sandranj said:

Yes you can apply for FAFSA with the prima facie.

Yes you can apply for FAFSA with the prima facie.

Thanks so much for your response .

[Bryan12 17]

16 hours ago, Hopemama said:

I first tried to.use my SSN that i got from f1 visa, which is on-campus employee. It didnot go through. Fafsa website even reponsed to my online account that my SSN is not eligible for public benefits. Then i talked to a financial aid officer in that school. Didnot work out. Period for my Fafsa application. 

I already applied for fafsa and my ssn has been verified.

just waiting for the final decision as regards my application.

 

[i-need-help-pls 72]

On 7/10/2018 at 6:41 AM, Goldenvessel said:

No it won’t. Just give them a short reason for applying for a fee waiver like not working etc.

 

15 hours ago, sandranj said:

A fee waiver doesn't affect a Vawa case at all.

@Sandra,Thanks

[Emsi 2]

Hello everyone, I have a question for those of you who received the vawa approval letter after the work permit arrived. Would you please share your experiance? How long after the card(EAD C31) did you recive the approval letter! Thank you in advance! 

 

[Florecita_Bella 16]

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. 
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM. 

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

[Cindygodisgood1 57]

7 hours ago, Emsi said:

Hello everyone, I have a question for those of you who received the vawa approval letter after the work permit arrived. Would you please share your experiance? How long after the card(EAD C31) did you recive the approval letter! Thank you in advance! 

 

I recieved the ead c31 and then 2 weeks after I received the approval letter n no updates up until today :/

[Emsi 2]

Thank you @Cindygodisgood1 ! How long has it been since the approval letter? I hope you get an update soon! Best of luck! 

[Florecita_Bella 16]

3 hours ago, Florecita_Bella said:

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. 

This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.

“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”  

The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.

The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.  

USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated. 
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:     

• Waiver applications submitted with  little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).

This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM. 

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

” This updated guide goes into effect on September 11, 2018 and applies to all requests and requests, except for Deferred Action for Childhood Arrivals (DACA) awards received after that date. "
This are my questions:

     1. Will cases received before September 11 be exempt from that rule? I want to ask,

     2. The cases that were submitted to USCIS before September 11 (with or without Prima Facie) but the time of review of the case was after September 11 and during the review they verified that they lacked any evidence or inconsistency, before denying the Will they request an RFE or will they simply deny the case?

Please help me with your comments, thank you ...

Edited July 14, 2018 by Florecita_Bella

[staypositive 51]

2 hours ago, Florecita_Bella said:

” This updated guide goes into effect on September 11, 2018 and applies to all requests and requests, except for Deferred Action for Childhood Arrivals (DACA) awards received after that date. "
This are my questions:

     1. Will cases received before September 11 be exempt from that rule? I want to ask,

     2. The cases that were submitted to USCIS before September 11 (with or without Prima Facie) but the time of review of the case was after September 11 and during the review they verified that they lacked any evidence or inconsistency, before denying the Will they request an RFE or will they simply deny the case?

Please help me with your comments, thank you ...

I think what this means is that after this date in September they will deny applications without an RFE if they lack initial evidence, like a form that a person was supposed to file with the package but didn't and it's incomplete. Cases filed before won't be affected. The rest stayed about the same. They would have told you already if you lacked initial evidence with an RFE a month or two after filing. The RFE's that come much later in the process are for additional evidence. At least that's how I understood this, please correct me if I am wrong. I am no expert in this at all, I am just trying to help.