VAWA, Part 11

[Military 78]

Hey @sandraj or anyone with knowledge on the subject, I got a few quick questions. I had an i485 that was previously filed by abusive spouse in 2016, was placed on hold when I filed VAWA in early 2017. VAWA was approved in June. I had only retained Attorney for VAWA. I checked in with Attorney to find out what I needed to do after VAWA approval. She checked and said the file was still at Field office and that I could pay another retainer so he could send a letter to the field office informing them to put it back in the queue and restart processing.

 

1. Does USCIS need notification to resume processing of a held i485?

2. My file was already at the field office and the interview was scheduled would it still have been there after 18 months or would it have been transferred to VSC?

 

I haven't seen any movement on it since approval. The last update said they scheduled my interview which was March 2017 (which was when we asked that it be held until VAWA had been adjudicated). Would you recommend an infopass? Hold off on paying this huge second retainer to see if the file is transferred? 

Edited August 10, 2018 by Military

[Pinkrlion 2,724]

9 minutes ago, Military said:

Hey @sandraj or anyone with knowledge on the subject, I got a few quick questions. I had an i485 that was previously filed by abusive spouse in 2016, was placed on hold when I filed VAWA in early 2017. VAWA was approved in June. I had only retained Attorney for VAWA. I checked in with Attorney to find out what I needed to do after VAWA approval. She checked and said the file was still at Field office and that I could pay another retainer so he could send a letter to the field office informing them to put it back in the queue and restart processing.

 

1. Does USCIS need notification to resume processing of a held i485?

2. My file was already at the field office and the interview was scheduled would it still have been there after 18 months or would it have been transferred to VSC?

 

I haven't seen any movement on it since approval. The last update said they scheduled my interview which was March 2017 (which was when we asked that it be held until VAWA had been adjudicated). Would you recommend an infopass? Hold off on paying this huge second retainer to see if the file is transferred? 

I would make an infopass appt, and show VAWA approval notice and ask where u r in gc process.  Ask to speak with a supervisor.

[Villanelle 4,122]

5 hours ago, SUicidaL-3876 said:

I am not in removal. He just said, they won't process my i-485 and i-765 until after they have made a decision on your i-360. So there is no point filling them concurrently. Another reason he told me is that he didn't want me to be put in removal in case they deny my i-360

If your attny felt it was better to not apply for the 485 you may want to listen to him. He has all the info and knows your case. Some attnys do like err on the die of caution though. You probably wont be able to apply for 485 w/o your attny. If you do (behind their back) they will drop you as a client.

 

Speak to the attny and find out exactly why he doesnt want to file it now. Maybe if you insist he will file it. I have seen attnys file when the client insists and they make them sign a paper saying they are requesting to file forms and understand the risks.

[Villanelle 4,122]

22 hours ago, Goyo said:

No, I didn’t because I didn’t check the box on form I485 that states If I wanted to receive a C31 permit right after approval of I360. I just got my C9 on July 26 so when is time to renew, I will fill with category c31. Thanks

 

No if you got a c9 (based on aos) then you renew under c9 when its time. 

[Blackangel 4]

On 8/4/2018 at 3:43 PM, hsai said:

VAWA : Have anyone waiting after I-485 interview after VAWA approval?

I had my interview in November 2017, and after that I was told I will hear back in 90 days. Heard back nothing, have done atleast 10 infopass apts, I got told case was under the extended review. I went to Infopass three months ago,  this time I get told case is at the last stage with the immigration officer to adjudicate. Currently, 9 months have passed and still nothing. I am in touch with congresswoman who is helping me. Went to Senator, which was of no help. I reached out to Ombudsman, and got told it is taking 120 business days to look into case, before it was 45 business days.

 

Is anybody in the same situation as mine? Any thoughts/ suggestions, much appreciated. I just wrote to Sandraj as well. 

 

Thanks so much and God bless.

 

Im still waiting for mine too.  I had an approved interview in january 17th, 2018, and since that day, nothing.

I asked a senator help and they answer her back. They said they are doing a background extended review, and I should hear from them in 60 days, which will be in October. 

Let’s see what they will do. 

I hope you can get a decision sooner.

[Goyo 68]

1 hour ago, Damara said:

 

No if you got a c9 (based on aos) then you renew under c9 when its time. 

 

1 hour ago, Damara said:

 

No if you got a c9 (based on aos) then you renew under c9 when its time. 

My Vawa is approved now so I can renew under C31. I got C9 before Vawa was approved

Edited August 11, 2018 by Goyo

[aquila 248]

59 minutes ago, Goyo said:

 

My Vawa is approved now so I can renew under C31. I got C9 before Vawa was approved

Please what's your timeline

[Villanelle 4,122]

2 hours ago, Goyo said:

 

My Vawa is approved now so I can renew under C31. I got C9 before Vawa was approved

I understand that.

 

Technically you are eligible for an EAD because of 2 reasons. The 485 you filed made you eligible for the c9 card. You got it already. Now that the VAWA is approved you are also eligible for the c31 card.

 

But because you already have a c9 card you need to apply to renew it before it expires (if you dont have your GC yet). When you apply to renew you want to use c9 again. If you check ''renewal" on the form it has to be the same category or you risk it getting denied. If you want a c31 card youd have to apply as 'new" and use category c31. This can cause you to have a gap in employment authorization.

[escape 91]

Hello everyone,

 

I went to my lawyer today to sign the application to renew my EAD c9, which expires in the end of November. I know we have a 180 days extension, but prefer to send it now and don't worry (too much) about all the delays. I cannot risk not being able to work. I will post here when I receive the new card.

 

I'm a mid June 2017 I-360 filer, in my third Prima Facie (180 days each). Received a couple updates where it stated they are reviewing my case, no action is needed from you at the time. One of them was on my birthday (don't know if it is relevant). I am sending more information with the blue notice (restraining order, divorce, etc). I will keep everyone updated with my timeline. 

 

This blog is not only full of important legal information, but I have found it very supportive in a emotional level as well. Thanks everyone who posts here! Specially Sandra and Damara, who are our angels!

[SUicidaL-3876 48]

11 hours ago, Damara said:

If your attny felt it was better to not apply for the 485 you may want to listen to him. He has all the info and knows your case. Some attnys do like err on the die of caution though. You probably wont be able to apply for 485 w/o your attny. If you do (behind their back) they will drop you as a client.

 

Speak to the attny and find out exactly why he doesnt want to file it now. Maybe if you insist he will file it. I have seen attnys file when the client insists and they make them sign a paper saying they are requesting to file forms and understand the risks.

ok. 

[Military 78]

13 hours ago, Pinkrlion said:

I would make an infopass appt, and show VAWA approval notice and ask where u r in gc process.  Ask to speak with a supervisor.

Thanks @Pinkrlion

[Goyo 68]

8 hours ago, Damara said:

I understand that.

 

Technically you are eligible for an EAD because of 2 reasons. The 485 you filed made you eligible for the c9 card. You got it already. Now that the VAWA is approved you are also eligible for the c31 card.

 

But because you already have a c9 card you need to apply to renew it before it expires (if you dont have your GC yet). When you apply to renew you want to use c9 again. If you check ''renewal" on the form it has to be the same category or you risk it getting denied. If you want a c31 card youd have to apply as 'new" and use category c31. This can cause you to have a gap in employment authorization.

Okay, will do. Thank you 

[Goyo 68]

10 hours ago, aquila said:

Please what's your timeline

Hey Aquila this is what I posted couple days ago:

 

March 28, 2017: USCIS received my I360

I wrote a 4 pages affidavit

2 affidavits one from my mother another one from a friend they were like 4 pages each.

I included photos, life insurance, car insurance, apartment lease. 1 police report, letter from  a domestic violence counselor 1 page, I went to see a doctor for depression and I was prescribed two medications, Criminal record and 2 certificates of good conduct from two different cities.  I didn’t lie to USCIS and I sent a letter from my previous employer that I had worked for 9 years without work permit. My employer stated in his letter my good moral and excellent character.

 

March 15, 2018: I sent I485 and I765 and got my work permit July 26 2018.

 

I didn’t receive any RFE and I filled myself.

 

Today, I got a msg stating that there was an update on my case and that  it was approved and I should be receiving my approval letter in the mail. 

[bold 54]

Anyone know about this supposedly new immigration law coming up on the 15th of September??

[missymd 5]

Blackangel l received my greencard 15 months after my interview.