VAWA, Part 10

[MsVi2 50]

4 hours ago, SssMay said:

 

Hello everyone. I talked to my friend's friend who has been working in uscis. But I found his opinions are not completely correct or even misunderstood to VAWA application. I am applied vawa based on the mental abuse. Yes, I am a male. It is hard to have the physical abuse too me. I have the psychiatrist's report. I am under adjustment disorder with mixed anxiety and long-term depressed mood. Every day I’ve been tormented.  I do psychotherapy every week. This is a difficult time in my life. But this officer's words make me confused. I just post what he said. And I hope you guys can give your opinion.

 

"I have read your scenario as instructed by your cousin. I have to conclusively say that you may not really eligible for adjustment of status on the basis of years I have been working at USCIS and US Navy for legal assistant. Sparse out the whole pieces into small sections, you said your I-765 is pending for 90 days without getting the final approval, which is actually the USCIS correction procedure because you did file the C09 application within one year since the first filing on April 2017 and did the same application within the same year while your employment authorization was still valid at the point. Additionally, Just because your marriage to a US citizen or national does not guarantee you the right for adjustment of status if your spouse does not wish to include you into the immigration package, although your US citizen spouse indeed petitioned for you in the past and withdrew the application shortly after the filing however before the case is interviewed by adjudicated USCIS officers.
Moreover, the I-360 application is based on the abusive spouse and victim spouse and you must do the legal research with all federal-level case law at law library to see how to properly define “abusive” under the federal level. Besides, you are obligated to get the police report if your spouse had ever once physically battered or assaulted you in the past, which is the only criterion, as I assume professionally, to the ground for abusive spousal victim. As our offices past filings, the only time I-360 could be granted is based on the fact that the couples have been married for 2 years after the I-485 is approved, however the US citizen does not help out with the I-751 application to remove the condition on the green card of the beneficiary, along with the fact that the US citizen filed divorce claim against the alien before 2 years was due. On this occasion, the beneficiary is eligible for I-360 because he/she already got the conditional green card, being checked for credibility of the DHS (I-130) and the the US spouse filing the divorce filing to the state court initially at the first place. Therefore, your situation is much less strong for this filing. Moreover, the fact that your spouse dismissal of your I-485 result in your invalidity of remaining is not considered as “abusive”. The USCIS receiving of your case and charging your fee does not mean it is going to give you any positive results as matter of fact.
What I am suggesting is you might consider divorce your spouse and find someone else who is able to help you through marriage for immigration purposes, or see if you are eligible for L1, refugee or asylum application just like other immigrants do as they firstly arrived at the United States. All in all, seek help from immigration attorney in your state rather than doing the application yourself. As I see, the applications you did are either incomplete or erroneous. ''

 

Well, I can't say for sure if this person does or doesn't work for USCIS, but I can for sure tell you that they are not very educated when it comes to the I-360. (AND their grammar is bad and the way they write/how they are using words comes off really strange. That's a red flag for me, I personally wouldn't trust whoever this person is.)

-First, you ARE NOT OBLIGATED & DO NOT HAVE to have a police report or arrest to prove abuse if you have other evidence.
- Having a police report/arrest is NOT the only "criterion" as he puts it, to file. 
-You do not need to research the definition of "abuse" at any federal law library, you can find what is considered "Abuse or extreme cruelty" as defined by USCIS specifically for VAWA online easily.
- You DO NOT have to be married for more than 2 years to file VAWA. (You do have to file within 2 years of being divorced though.)

- You DO NOT have to have a i485 approved for 2 years to file VAWA. 

- Having a conditional green card doesn't suddenly make you eligible for VAWA without meeting the criteria for VAWA. (just like not having one does not stop you from filing VAWA)

I don't know what supporting documents or affidavits you sent, and while keeping immigration benefits from you could be considered abuse, it depends on the situation.  If your spouse withdrew your application because of a divorce and you are claiming that as abuse... well I don't think that's actually grounds for abuse and he would be correct in telling you that you wouldn't qualify for VAWA if that is the only reason you filed VAWA. 
 

EDIT: I just re-read and saw that you are submitting mental evaluations and therapy for mental abuse.  A strong letter written by your therapist and going to several sessions can be quite strong evidence as well as a well written affidavit from you or family/friends.  I would take this person's advice with a grain of salt, they really don't seem to be very knowledgeable when it comes to VAWA.  If USCIS feels there isn't enough evidence they will send you an RFE and you will have a chance to submit more evidence. 

Edited April 11, 2018 by MsVi2

[Over come 50]

8 hours ago, digonyc said:

Could not understand USCIS website about my case status dates:

One link says that my I360 was received on 12/27/2016

Second Link says that my I360 was received on 01/24/2017

 

Could anyone shares the experience about it?

Thank you,

 

One link says:

12/27/2016

We received your case and waived the filing fee for your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant .

 

The second Link says

January 24, 2017

We received your case and waived the filing fee

Read the notice we mailed you for more information about how we will process your case

Me too. The older website says that my case was received 12/28/16 and the new site sage that my case was received 1/27/17. Smh 

[Pinkrlion 2,711]

12 hours ago, SssMay said:

 

Hello everyone. I talked to my friend's friend who has been working in uscis. But I found his opinions are not completely correct or even misunderstood to VAWA application. I am applied vawa based on the mental abuse. Yes, I am a male. It is hard to have the physical abuse too me. I have the psychiatrist's report. I am under adjustment disorder with mixed anxiety and long-term depressed mood. Every day I’ve been tormented.  I do psychotherapy every week. This is a difficult time in my life. But this officer's words make me confused. I just post what he said. And I hope you guys can give your opinion.

 

"I have read your scenario as instructed by your cousin. I have to conclusively say that you may not really eligible for adjustment of status on the basis of years I have been working at USCIS and US Navy for legal assistant. Sparse out the whole pieces into small sections, you said your I-765 is pending for 90 days without getting the final approval, which is actually the USCIS correction procedure because you did file the C09 application within one year since the first filing on April 2017 and did the same application within the same year while your employment authorization was still valid at the point. Additionally, Just because your marriage to a US citizen or national does not guarantee you the right for adjustment of status if your spouse does not wish to include you into the immigration package, although your US citizen spouse indeed petitioned for you in the past and withdrew the application shortly after the filing however before the case is interviewed by adjudicated USCIS officers.
Moreover, the I-360 application is based on the abusive spouse and victim spouse and you must do the legal research with all federal-level case law at law library to see how to properly define “abusive” under the federal level. Besides, you are obligated to get the police report if your spouse had ever once physically battered or assaulted you in the past, which is the only criterion, as I assume professionally, to the ground for abusive spousal victim. As our offices past filings, the only time I-360 could be granted is based on the fact that the couples have been married for 2 years after the I-485 is approved, however the US citizen does not help out with the I-751 application to remove the condition on the green card of the beneficiary, along with the fact that the US citizen filed divorce claim against the alien before 2 years was due. On this occasion, the beneficiary is eligible for I-360 because he/she already got the conditional green card, being checked for credibility of the DHS (I-130) and the the US spouse filing the divorce filing to the state court initially at the first place. Therefore, your situation is much less strong for this filing. Moreover, the fact that your spouse dismissal of your I-485 result in your invalidity of remaining is not considered as “abusive”. The USCIS receiving of your case and charging your fee does not mean it is going to give you any positive results as matter of fact.
What I am suggesting is you might consider divorce your spouse and find someone else who is able to help you through marriage for immigration purposes, or see if you are eligible for L1, refugee or asylum application just like other immigrants do as they firstly arrived at the United States. All in all, seek help from immigration attorney in your state rather than doing the application yourself. As I see, the applications you did are either incomplete or erroneous. ''

 

No one can say if this person was right or wrong.  You provided them with information on your case, that we do not have.  Based upon what you gave them, is how they determined your answer.  If you feel it is wrong, do as they suggested and obtain a lawyer.

Edited April 11, 2018 by Pinkrlion

[SssMay 56]

2 minutes ago, Pinkrlion said:

No one can say if this person was right or wrong.  You provided them with information on your case, that we do not have.  Based upon what you gave them, is how they determined your answer.  If you feel it is wrong, do as they suggested and obtain a lawyer.

I do not provide anything to him and I also have a lawyer. We just talked about the vawa case. And his words make me confused.

Edited April 11, 2018 by SssMay

[Pinkrlion 2,711]

1 minute ago, SssMay said:

I do not provide anything to him and I also have a lawyer. We just talked about the vawa case. And his words make me confused.

You still provided this person with information that we do not have about your case.  Discuss your concerns from their responses with your lawyer.  

[Rookieden 10]

I did interview yesterday for i485 based on vawa , IO said she need to review the case . Is this normal ?

IO ask for medical my lawyer explain her why I didn’t get medical bcz i get interview notice in short period.

[Roms2017 115]

5 hours ago, #Godgotthis said:

Me too. The older website says that my case was received 12/28/16 and the new site sage that my case was received 1/27/17. Smh 

Could u share the new site link? because i am still using the old one.

Thanks

[ERIKA BENITEZ 0]

Does this means that there are looking into getting a final decision on my case? Since it says CASE STATUS: Initial review 🤔 

 

 

I’m comfused because we haven’t send anything to them and I got an update which says that yesterday they received the correspondence for form i360 🤔. 

 

Does anybody knows what exactly it’s going on?  

[iwillsurvive 254]

2 hours ago, Rookieden said:

I did interview yesterday for i485 based on vawa , IO said she need to review the case . Is this normal ?

IO ask for medical my lawyer explain her why I didn’t get medical bcz i get interview notice in short period.

They will need the medical in order to issue Green Card. They cannot tell you it is approved before having seen your medical records. After you send it in, it should not be a problem. 

[iwillsurvive 254]

5 hours ago, #Godgotthis said:

Me too. The older website says that my case was received 12/28/16 and the new site sage that my case was received 1/27/17. Smh 

For me one site shows my receipt date as when they received my case and the other shows my notice date. At the end of the day they are not very good with online updates so just rely on the physical notices you get and the dates on there. 

[Kleenex12 107]

30 minutes ago, ERIKA BENITEZ said:

Does this means that there are looking into getting a final decision on my case? Since it says CASE STATUS: Initial review 🤔 

 

 

I’m comfused because we haven’t send anything to them and I got an update which says that yesterday they received the correspondence for form i360 🤔. 

 

Does anybody knows what exactly it’s going on?  

@Erika when did you file?did you renew your Prima Facie?

[Roms2017 115]

51 minutes ago, ERIKA BENITEZ said:

Does this means that there are looking into getting a final decision on my case? Since it says CASE STATUS: Initial review 🤔 

 

 

I’m comfused because we haven’t send anything to them and I got an update which says that yesterday they received the correspondence for form i360 🤔. 

 

Does anybody knows what exactly it’s going on?  

I remembered you talk about AP and you filed on Dec 2017, USCIS still on 2nd touch oct nov dec 2016 cases to be approved.

Your case is on the 1st touch not yet for a final decision i think.

[asimove 23]

Hi, everybody,

I submit my  I-765 Mar 14, and I did my Bio yesterday, possible anybody can tell me what will be next, how long it will take to process, after bio, they didn't

give me anything, will they submit online, by themselves, or I have to do anything, please let me know, thanks

[ERIKA BENITEZ 0]

27 minutes ago, Kleenex12 said:

@Erika when did you file?did you renew your Prima Facie?

@Kleenex12 I filled on December 5 2017 they recived my package and no I haven’t Renew my prima facie yet it will expired on July I belive. When did you filled ? Have you get any updates yet? 

[iwillsurvive 254]

4 minutes ago, asimove said:

Hi, everybody,

I submit my  I-765 Mar 14, and I did my Bio yesterday, possible anybody can tell me what will be next, how long it will take to process, after bio, they didn't

give me anything, will they submit online, by themselves, or I have to do anything, please let me know, thanks

I-765 takes a little longer than usual right now. Count 4-5 months from the receipt date. You have to wait. They will send you the card, you don’t have to do anything after biometrics other than wait. 

They are currently working on December 2017 I-765 receipt dates.