VAWA, Part 11

[Iceman1 106]

Hi @sandranj

Quick recap of my case. Can you please advise.

I'm in removal proceedings, with an approved i-130. My attorney and I filed for motion to dismiss the removal proceedings but the ice attorney did not accept to dismiss the case and said I needed to appear in court. My attorney then filed the i-485 with the immigration court (on October2016). My individual hearing is set for June 2019. 

During this time I filed for i-360 (November 2017). 

My question is if they approve my i360, will I need to refile the i-485 with the court or will they process the i-485 that was filed in 2016 with the approved i-130?

[Ziongirl 269]

3 hours ago, sandranj said:

if the report  mentions the abuse in detail, onset of the problems, your background, tests performed,diagnose then you should be fine,but if it's just a report stating you attended counseling there  then this kind of report has no weight  whatsoever in a  VAWA case.

Hi good to know this, when getting the appointment from a psychologist, should I mention that I need a report after 4 sessions? For use in VAWA? Or what should I do? Am a June filler and I believe am almost there so am trying to have the report before and in case I get the rfe because I didn't include

[Sandra G. 5,048]

14 minutes ago, Ziongirl said:

Hi good to know this, when getting the appointment from a psychologist, should I mention that I need a report after 4 sessions? For use in VAWA? Or what should I do? Am a June filler and I believe am almost there so am trying to have the report before and in case I get the rfe because I didn't include

Tell the psychologist before starting the therapy that you will need a psychological evaluation done and make sure the professional doesn’t draft a generic evaluation,the abuse must be told in details by the psychologist.

[Kleenex12 107]

3 hours ago, sandranj said:

You can appeal a denial decision, but just 1% is granted. You have the alternative to refile again the I-360.

ICE uses a system called Central Index System (CIS)  to flag the victims of domestic violence, when they see the flag they know they can use or not the prosecutorial decision. In case of removal, you can ask ICE to use PROSECUTORIAL DISCRETION. In 2011 USCIS issued a memorandum about to refer or not an alien to immigration Court, despite the memorandum does not specify specific VAWA petitioner, ICE sometimes uses the  prosecutorial discretion in VAWA cases as well. They have the authority to issue, serve or cancel a Notice to Appear, to detain and release on bond someone.


 

 

Hello Sandra,just want to take this moment to say a big Thank you!you have been fabulous!you are a God sent!!God bless you richly!and for @iwill survive you are a wonderful person,always here to help answer our questions God bless you richly and to everyone in this forum if you are still waiting for approval just keep faith and keep praying God listens and hears every prayer and see all your tears.He won’t fail you at all.Keep praying He brings hope to the hopeless!

[MariFD 34]

4 hours ago, sandranj said:

You need to have a psychological evaluation done if you don't have a police report. 

Hey @sandranj and everyone else!

 

So about the police report, my neighbor called the police one time when she heard how he was acting very violent and punching the walls and breaking things.

 

She did this because she thought he was going to hit me, the police came but I told them everything was fine, so they left. I was scared to get my son in trouble. BUT now its much worst. I'm really scared of him. 

 

Do you know if the police makes a report for ever call? If they do could I use that and explain to USCIS how I didn't want to tell them the truth in fear that he would get arrest or they would ask for my immigration status. ITS so difficulty disclosing abuse by my own flesh and blood.

 

Thanks everyone

 

[MariFD 34]

3 hours ago, sandranj said:

Folks I am sorry, but I am so damn busy lately that I am not answering all private messages. I had this week 7 VAWA cases approved,one filed in March 2017, 4 others filed in April,2017 and 2 filed in May 2017.All of them are visa visa journey members, and I had this week 9 VAWA private cases approved as well,filed between March and May 2017.

@sandranj WE ALL APPRECIATE ALL THE HELP you provide! Thank you so much. 

[Schavez 1]

Hace 1 hora, MariFD dijo:

@sandranj  ¡TODOS APRECIAMOS TODA LA AYUDA que brindas ! Muchas gracias. 

Hola hola soy nueva en este foto. Yo envié solo la i360. Mi fecha es julio 2017, ya voy a renovar mi tercera prima facie. Espero que siga avanzando las aprobaciones, es buen saber qué hay casos de junio aprobados. Dios nos bendiga a todas. 

 

[MelTex30 45]

I am a longtime follower but it’s my first time to comment. 

 

My I360 was approved on August 1. Here is my timeline - 

 

December 23, 2016 -filed I765, I360 & I485

 

February 23, 2017 - received fingerprint notice for I765

 

March 6,  2017 - biometrics appointment

 

March 17, 2017 - EAD approved and mailed out. 

 

March 22, 2017 - received EAD - C9

 

January 11, 2018  - applied for EAD renewal.

 

March 30, 2018 - RFE for good moral Character - first communication from USCIS about my I360.

 

May 29, 2018 - renewed EAD approved and mailed out. 

 

June 5, 2018 - received renewed EAD - C9

 

July 26, 2018 - I360 Card mailed out. (Online alert)

 

August 1, 2018 - I360 cased approved (online alert)

 

My question is for those who have been approved - how long before you got your c31 card and approval notice in the mail? 

 

Congrats to all those approved! And god bless to all those waiting. It will happen. Have faith. 

 

 

 

 

 

[Anna2018 0]

Please advice!!

 

I have contacted a few lawyers regarding my VAWA case, and they tell me that because i am under ICE supervision this complicates my case. And i can understand how it  makes things a little more complex. 

 

...but I asked one lawyer how this may effect me and she told me that if my VAWA is approved i may still face deportation. I don't really understand how that works. It was ICE who released me from their custody in order to give me a chance to file for a VAWA in the first place. I was even told by them that if my VAWA is approved they would not deport me. I explained all this to the lawyer and she basically said 'that i wouldn't take ice's word for anything' 

 

This makes me really nervous....makes it sound like i'm just going to be wasting my time, energy that i just no longer have and money that i don't have to fight something that in the end might get 'approved' only to get 'denied' again.

Can some one please tell me she was just scaring me, and this is not how it really works. 

 

Please advice!!....

Thank you

[Hanna Bui 32]

48 minutes ago, MelTex30 said:

I am a longtime follower but it’s my first time to comment. 

 

My I360 was approved on August 1. Here is my timeline - 

 

December 23, 2016 -filed I765, I360 & I485

 

February 23, 2017 - received fingerprint notice for I765

 

March 6,  2017 - biometrics appointment

 

March 17, 2017 - EAD approved and mailed out. 

 

March 22, 2017 - received EAD - C9

 

January 11, 2018  - applied for EAD renewal.

 

March 30, 2018 - RFE for good moral Character - first communication from USCIS about my I360.

 

May 29, 2018 - renewed EAD approved and mailed out. 

 

June 5, 2018 - received renewed EAD - C9

 

July 26, 2018 - I360 Card mailed out. (Online alert)

 

August 1, 2018 - I360 cased approved (online alert)

 

My question is for those who have been approved - how long before you got your c31 card and approval notice in the mail? 

 

Congrats to all those approved! And god bless to all those waiting. It will happen. Have faith. 

 

 

 

 

 

My timeline is the same with yours. Congratulation.

You will receive EAD C31 and your Vawa appvoval notice in about 7 - 10 days.

[Sandra G. 5,048]

5 hours ago, MariFD said:

Hey @sandranj and everyone else!

 

So about the police report, my neighbor called the police one time when she heard how he was acting very violent and punching the walls and breaking things.

 

She did this because she thought he was going to hit me, the police came but I told them everything was fine, so they left. I was scared to get my son in trouble. BUT now its much worst. I'm really scared of him. 

 

Do you know if the police makes a report for ever call? If they do could I use that and explain to USCIS how I didn't want to tell them the truth in fear that he would get arrest or they would ask for my immigration status. ITS so difficulty disclosing abuse by my own flesh and blood.

 

Thanks everyone

 

 

Who called the police can ask the 911 transcript. I hope your son is not living in your home anymore.

[Sandra G. 5,048]

2 hours ago, Anna2018 said:

Please advice!!

 

I have contacted a few lawyers regarding my VAWA case, and they tell me that because i am under ICE supervision this complicates my case. And i can understand how it  makes things a little more complex. 

 

...but I asked one lawyer how this may effect me and she told me that if my VAWA is approved i may still face deportation. I don't really understand how that works. It was ICE who released me from their custody in order to give me a chance to file for a VAWA in the first place. I was even told by them that if my VAWA is approved they would not deport me. I explained all this to the lawyer and she basically said 'that i wouldn't take ice's word for anything' 

 

This makes me really nervous....makes it sound like i'm just going to be wasting my time, energy that i just no longer have and money that i don't have to fight something that in the end might get 'approved' only to get 'denied' again.

Can some one please tell me she was just scaring me, and this is not how it really works. 

 

Please advice!!....

Thank you

 

 

 

 

 

wow...unbeliavable how the attorneys you went have no clue about VAWA/REMOVAL. I had hundreds of cases of people that were in removal proceedings,many former visa journey members,  and all of  them got them got their  GC without any problem.

 

When your VAWA is approved you need to ask USCIS counsel to join you in the petition to ask the Court to terminate the removal proceddings, and he will once the VAWA is approved . When the removal  is terminated then you can  file I-485 with USCIS and adjust status with USCIS. In case he doesn't want to terminate  the removal proceedings after VAWA approval(never saw one single case like this) then you can adjust the status with the Immigration Court.

 

99% of the VAWA cases are approved with deferred action,deferred action means they CANNOT DEPORT YOU until final decision in your adjustament of status. Anna I will help you to file VAWA without charging you,but I will not represent you,it means I can review your affidavit,evaluation and filing form I-360 and you can sign your own I-360. I WILL NOT BE YOUR ATTORNEY! But  when VAWA is approved then you should find some attorney with experience in removal to help you with the removal. For everything that you told here i believe you have a VAWA case,but you need to have a GOOD psychological evaluation,if your evaluation is not good then I won't be able to help you because is very important the psychologist drafts a GREAT evaluation and not a 2/3 pages with some generic information.

Edited August 4, 2018 by sandranj

[Sandra G. 5,048]

I meant to say it's very important  that the psychologist drafts a GREAT evaluation.

[Sandra G. 5,048]

6 hours ago, Kleenex12 said:

Hello Sandra,just want to take this moment to say a big Thank you!you have been fabulous!you are a God sent!!God bless you richly!and for @iwill survive you are a wonderful person,always here to help answer our questions God bless you richly and to everyone in this forum if you are still waiting for approval just keep faith and keep praying God listens and hears every prayer and see all your tears.He won’t fail you at all.Keep praying He brings hope to the hopeless!

 

Thank you.

[Iceman1 106]

7 hours ago, Iceman1 said:

Hi @sandranj

Quick recap of my case. Can you please advise.

I'm in removal proceedings, with an approved i-130. My attorney and I filed for motion to dismiss the removal proceedings but the ice attorney did not accept to dismiss the case and said I needed to appear in court. My attorney then filed the i-485 with the immigration court (on October2016). My individual hearing is set for June 2019. 

During this time I filed for i-360 (November 2017). 

My question is if they approve my i360, will I need to refile the i-485 with the court or will they process the i-485 that was filed in 2016 with the approved i-130?

@sandranj can you please advice?