VAWA, Part 10

[Sandra G. 5,043]

On 5/3/2018 at 5:13 PM, PEANUTBUTTER28 said:

I have a question. My lawyer too didnt want to file for AP for e. Can I apple for AP by myself even if my EAD renewal is already in the process and will she find out if i apply and I wont fill out a g28 form? Will there be conflict? 

 

Thank you so much 

 

You can apply for AP, but most attorneys  will stop representing the client  if their clients decide to file petition with USCIS in their own.

[PEANUTBUTTER28 13]

1 minute ago, sandranj said:

You can apply for AP, but most attorneys  will stop representing the client  if their clients decide to file petition with USCIS in their own.

 

1 minute ago, sandranj said:

You can apply for AP, but most attorneys  will stop representing the client  if their clients decide to file petition with USCIS in their own.

 Will she find out miss Sandra that I applied for AP even if I will not fill

out G-28? 

[Sandra G. 5,043]

On 5/3/2018 at 6:39 PM, PEANUTBUTTER28 said:

Yea, I am. He didnt have much knowledge re VAWA, I guess. And whenever I share something to her that I learn from the forums, she sounds defensive and telling that I shouldnt be reading forums.  

 

I wanted to have AP just in case of any emergency since I can apply. But she doesnt want too. IF I apply and dont fill out g28 - will they still notify her since she is my atty of record? or will it cause conflict to USCIS coz they will think why I am applying AP without my lawyers signature when I have one on record

 

USCIS is messy and many times I saw that USCIS informed the attorney regarding the petition received, not because they must inform but because they are messy. You can file the AP, but as I answered here before,most attorneys  will stop representing the cliente if the client decides to file the petition.

[Sandra G. 5,043]

On 5/3/2018 at 9:28 PM, VawaNation said:

Hello everyone

While being in removal procceadings and then entering a bad marriage 

 

05/23/2014 filed I360 VAWA

11/03/2014 1st REF (good moral)

02/19/2015 2nd REF (good faith)

01/20/2016 I360 VAWA Denied

 

I had the option to appeal the decision 

But after a long search I found out that there is a higher chance of approval if I refile again and include EAD AND I485

 

10/06/2016 Filed I360, I485, EAD

10/21/2016 prima facie

04/15/2017 EAD

04/28/2018 I360 VAWA Approved

 

Approved Vawa but still in removal procceadings with a pending I 485 

I am supposed to have master hearing in sep,2019

But a week before VAWA was approved I received a letter from the court that my court date was moved to sep,2018

Should I file a motion to terminate or just wait and adjdicate I485 

 With the judge ?

 

 

 

You can have the AOS adjusted with the Court or with the USCIS, I prefer with USCIS, butif you decide to adjust with USCIS then you should contact the USCIS counsel to sign with you the motion to terminate the removal proceedings.

[Sandra G. 5,043]

On 5/4/2018 at 10:44 AM, rayofhope said:

Hi All,

just received notification that my I360 iand i485 denied and they mailed me the decision.  being on 19.5 months of wait i am broken now.. no hopes left why it happens every time with me ...i had sent the evidence of my previous divorce in 2012 divorce copy included with a new self statement but i dont know where it went wrong... im working and now wont be able to work now... any help will gove sone hope

 

You probably could not prove abuse or a bonafide marriage or both. It seems you received an RFE before and you answered, what did they ask in the RFE? .If you do not have an attorney and want me to look the decision to tell if you have a chance to refile VAWA or not then email me the denial ok. I am an attorney but just to let you know that If you need my help and IF I believe you have a VAWA case I will help you but I will not represent you. Depending of the reason that they denied the VAWA we can see if you can ask the USCIS supervisor for reconsideration or not.

[Sandra G. 5,043]

On 5/4/2018 at 12:21 PM, rayofhope said:

Thx all praying for me.. i have a question i also have my work permit renewed a month ago so i came back from work as was scared will i be able to work or not as wen lasttime my i130 was denied due to abadonment the notice fodnt say that they revoked my work permit.. i will do attorney 😭😭😭 lets see what is written in my fate 

 

 

 

 

 

When the USCIS denies the AOS the work permit becomes null and void ok.

[Sandra G. 5,043]

On 5/4/2018 at 2:34 PM, Pinkrlion said:

You need to discuss this with a lawyer, we cannot answer that question.

You cannot answer the question but I can answer ,lol

[Sandra G. 5,043]

On 5/5/2018 at 12:29 AM, betelgeuse said:

 

Do I need to be divorced to be approved? I have contacted pro bono attorney and they have taken my case but there is a waitlist so they said I might have to wait 5-6 months before they will be able to help me.

 

You don"t need to be divorced to file VAWA .

[Sandra G. 5,043]

On 5/5/2018 at 11:53 AM, Viva said:

So, my ex sent me a message  last year on January that he is with uscis are asking him about the marriage. This is after divorce was finalized and I had filled vawa. Are they really supposed to relay on his information? Would they tell him where I live? 

 

They will not mention about your VAWA case, but it seems your husband did not withdraw the I-130/I-864 and USCIS was questioning him considering the I-130.keep in mind that the USCIS field where your husband filed the I-130 doesn't know about the VAWA. If you moved to a different place you must inform USCIS through a notarized letter that you moved to a different place ok.

[Sandra G. 5,043]

On 5/5/2018 at 12:23 PM, Roms2017 said:

No that's not true uscis will never call him about the marriage or get information from him.

He just try to play game with you

 

 

if her husband   did not withdraw the  I-130/I-864 USCIS can call the spouse to inquire about the I-130 because they are not aware of the VAWA case and USCIS still believes the person is still pursinG the I-30/I-485, keep in mind that the field office may not be aware about the VAWA if the person did not inform  the new address in the previous I-485.

Edited May 6, 2018 by sandranj

[Sandra G. 5,043]

35 minutes ago, PEANUTBUTTER28 said:

 

 Will she find out miss Sandra that I applied for AP even if I will not fill

out G-28? 

 

She might found out, as I mentioned here before USCIS is messy.I saw many cases that USCIS sent the receipt number to the attorney instead to the VAWA filer.

[betelgeuse 5]

If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.

If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130.

 

 

How should I notify them? Infopass, call them, email?

[Weldonboy 45]

Hello everyone, please I need your candid advice. My VAWA application was received by USCIS on march 6th of 2017.

i had RFE for

(1) Moral Character

(2) Bonafide marriage.

I responded to both rfe's and my responses were confirmed received on May 2nd 2017. Other than we received the response to your Request for Evidence, I did not get any prima facie notice. After waiting exactly a year post filing VAWA, I contacted the office of my Congress Man, and after a steady and constant follow up with them, I finally received a prima facie determination letter 

in my mailbox which  states that it is valid for 1 year and that a decision might not be reached within the one year validity of the prima facie. Though I have renewed my EAD twice based on the pending I485 my abusive spouse filed for me however, I submitted a renewal application for the said EAD back in January 9th of 2018, went for biometric on February 7th 2018 and im yet to get  the EAD card but i was able to extend my employment with my notice of action which got me till November, 2018.

 

Question 1 : is it a usual practice that USCIS wont take a decision on a case with a valid Prima Facie?

Question 2 : How do i know what benefit im entitled to get with the prima facie in Texas?

Question 3: Can i apply for the benefits while i await receiving my EAD despite haven extended my stay on my job with the notice of action?

Question 4: How more do i have to wait? as i thought i was close to having a decision until i got the notice of prima facie stating something else

 

Thanks all

 

 

 

[iwillsurvive 254]

2 hours ago, Weldonboy said:

Hello everyone, please I need your candid advice. My VAWA application was received by USCIS on march 6th of 2017.

i had RFE for

(1) Moral Character

(2) Bonafide marriage.

I responded to both rfe's and my responses were confirmed received on May 2nd 2017. Other than we received the response to your Request for Evidence, I did not get any prima facie notice. After waiting exactly a year post filing VAWA, I contacted the office of my Congress Man, and after a steady and constant follow up with them, I finally received a prima facie determination letter 

in my mailbox which  states that it is valid for 1 year and that a decision might not be reached within the one year validity of the prima facie. Though I have renewed my EAD twice based on the pending I485 my abusive spouse filed for me however, I submitted a renewal application for the said EAD back in January 9th of 2018, went for biometric on February 7th 2018 and im yet to get  the EAD card but i was able to extend my employment with my notice of action which got me till November, 2018.

 

Question 1 : is it a usual practice that USCIS wont take a decision on a case with a valid Prima Facie?

Question 2 : How do i know what benefit im entitled to get with the prima facie in Texas?

Question 3: Can i apply for the benefits while i await receiving my EAD despite haven extended my stay on my job with the notice of action?

Question 4: How more do i have to wait? as i thought i was close to having a decision until i got the notice of prima facie stating something else

 

Thanks all

 

 

 

VAWA is taking 15-19 months currently according to the official USCIS website. 

 

Prima Facie doesn’t mean anything for the adjudication of your case. You can get prima facie and get denied or you can not get prima facie and get approved. Has nothing to say about whether you will be approved or not. USCIS issues it randomly. 

[Sandra G. 5,043]

10 hours ago, betelgeuse said:

If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.

If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130.

 

 

How should I notify them? Infopass, call them, email?

If they  didn't  set up the AOS interview  notify the field office where you submitted  the AOS, but if they  set up interview  then go to the interview and inform that you filed  form l360 and  ask then to put the l485 in hold until final adjudication of your self petition.