VAWA, Part 11

[Sandra G. 5,038]

On 7/27/2018 at 8:21 AM, tashay said:

So I just joined this page and have a question.

I haven't filed my vawa case as yet because of financial difficulty.

I spoke to a lawyer who say I have to go to my interview,which he's gonna accompany me,then after I file the vawa which the office by law cannot deny the i485 until 30days if I don't submit,can someone tell me how this works,and my interview is in 2weeks

 

 

I assume you will have interview regarding your AOS filed when you were living with your spouse. There is no Law stating that  USCIS cannot deny the I-485 just because you have a pending VAWA. The 30 days rule is if USCIS deny your AOS they must wait 30 days to start removal proceedings because the person has 30 days to file a motion or appeal if the AOS is denied.

Edited July 29, 2018 by sandranj

[Sandra G. 5,038]

On 7/27/2018 at 11:31 AM, Caribbeanchild said:

Can someone explain please yesterday i got update  that new card is being produce for my 2 sons but my account and my youngest is still showing fees were waived....is it normal that all accounts were not updated at once? how soon after will my account be updated ...thanks

 

USCIS website is not reliable.

[Sandra G. 5,038]

On 7/27/2018 at 9:06 AM, tashay said:

What happens if the interview officer deny my i485??

If they deny the AOS then  just refile a new AOS.

[Sandra G. 5,038]

On 7/27/2018 at 12:12 PM, Florecita_Bella said:

When your spouse withdrew the petition (I-130), did USCIS deny you I-485?
I want to know if all the people who deny I-485 put him in a process of removal (deportation).
I was denied my I-485 because my spouse withdrew the petition (I-130), but since I could never receive the denial letter, I do not know if I am in the process of removal.
How can I know if I am in the process of removal (deportation)?
Thank you...

 

Yes if the spouse withdraws the I-130 then USCIS will deny the I-485, some offices put on  hold the I485 if the person proves that he/she filed VAWA.

To know if you are in removal call the number 1800 898 -7180  and put your A# regarding your AOS petition. Update your address in your AOS if moved to a different place.

[Sandra G. 5,038]

On 7/27/2018 at 1:52 PM, gordon wish said:

HI sandranj

 

i have interview on aug 23rd ,can u help what i should & what questions should i prepare. THank you

 

They will ask  the questions that you answered yes and no in your form I-485. Bring with you documents to show bonafide marriage. The local office can inquire about bonafide marriage but cannot ask about the abuse.

[SssMay 56]

13 minutes ago, sandranj said:

You will be in removel proceddings when you receive the Notice to appear in Court. Did you update your new address in the I-485 petition?

Yes, I unpated my new address and I didn’t receive the NTA. Does it means I am not in the removal proceeding?

[Sandra G. 5,038]

On 7/27/2018 at 2:51 PM, MariFD said:

Hey everyone! @sandranj HAPPY FRIDAY!

I have an appointment with an MD psychiatry specialist next week. I'm nervous about it because it will bring back so many bad memories.  I know I have to go see the Psychiatrist for a while and see a counselor as well. 

Questions for those that were approved already : How long does my personal affidavit have to be? Is there a specific length requirement?  

 

Thank you! 

 

You need to describe your Courtship(at least 2 pages), Explain what you both thought about the months that you were dating, what did you talk about, why did you both connect to each other?.  Mention where you used to go when dating,movies,beach park?, how often did you see him when dating? how many times per week did you talk to him over the phone, when did you say that you loved him and vice versa, when did you meet you spouse's friends and vice versa, when did you tel your family about  him? when did he talked to your family?  Tell about the proposal, how did your family and friends react to the proposal, did he give you a ring? tell about the wedding day, what clothing you both  wore in the wedding day, who came, any gifts, how you decided to pick that day, how you both knew that you were ready for this commitment, did you have any celebration or chirch wedding?. Tell if you had a honeymoon? describe your daily life, cooking,laundry, going out, having friennds over, seeing his family etc..

 

 Describe  the  abuse with details, where,how and when happened the abuse.  what was it like at home after that violence, did things seem ok, better, same, worse?] . Did he apology after abusing you, did you believe in his apologies? Why or why not?], why you didn;t leave him when the abuse happened? Did you have any signs of his abusive behavior  while dating? Did you let him know how he was making you feel, why or why not? etc. Describe if you had joint bank account, tax return filed jointly, car and health insurance  etc.

 

Usually the affiants submit  7/15 pages describing courtship and abuse.

[SssMay 56]

@sandranj Hi, Sandra . I just called the number which u posted on last question and checked my status. I just entered my A number of the i485, and the system said the case not need filed in immigration court. What does it mean? 

[SssMay 56]

9 minutes ago, SssMay said:

@sandranj Hi, Sandra . I just called the number which u posted on last question and checked my status. I just entered my A number of the i485, and the system said the case not need filed in immigration court. What does it mean? 

@sandranj I only have the new i485 app which under the i360 app. I left the old one to my attorney. So I entered my new i485’ A number. 

[SssMay 56]

5 minutes ago, SssMay said:

@sandranj I only have the new i485 app which under the i360 app. I left the old one to my attorney. So I entered my new i485’ A number. 

Hi @sandranj I just found my old 485 and checked it again. The result is same to the new one. 

[Florecita_Bella 16]

1 hour ago, sandranj said:

Yes if the spouse withdraws the I-130 then USCIS will deny the I-485, some offices put on  hold the I485 if the person proves that he/she filed VAWA.

To know if you are in removal call the number 1800 898 -7180  and put your A# regarding your AOS petition. Update your address in your AOS if moved to a different place.

Thank you very much Sandra for the information!

Verify me in the number you gave me and say that "the file number does not match or the accusatory document has not yet been submitted to the immigration court"
I understand that that means I do not have any problems !!

[Sandra G. 5,038]

23 hours ago, Anna2018 said:

Hello,

This is a bit of a long story, but i urgently need some advise.

I am a British citizen who met an American man in Europe, We fell in love and got married. We lived about 5 years in Europe and had 3 children together, my marriage to him was not exactly a happy one, i learned alot of negative aspects about him that i didnt like. 

But since we had young children together i decided that i would try to tolerate him and hope that things would turn around. 

Unfortunately, things only deteriorated and i eventually told him that i wanted to leave him and i was sick and tired of his behavior.

Which included drinking, being abusive towards me and not helping me do anything, he did absolutely nothing to the point that on top of me having to do everything at home and watch the children, i would also have to go work full time, while he sat at home and did absolutely nothing.

He ended up making me a bunch promises, that if i gave him another chance that he would change. And he convinced me to come to USA with him.

Saying that he would be more productive in USA, since that is his homeland and he knows how to operate in it better than in Europe. (I was so stupid to agree to this, but this was someone i once loved and i still cared for despite what was going on. I was just hoping for the best.)

I entered USA on a 90 day visa waiver. He told me to gather my paper work and have all documents that needed translating to be translated. I went for my medical examination and did everything that i was able to do on my part to file for my adjustment of status.

The next part was on him and he failed to do anything. He kept giving me excuses for why he was unable to do it at that time. If its not his salary, its his taxes, if its not taxes, it was something else. I put a lot of time and effort into trying to gather everything for nothing. He told me that he would get to it if i gave him a chance to settle in abit.

and since my visa was good for 3 months i agreed.

 

To cut a long story short, i have now over stayed my 90 day visa waiver by 6 years. He continued to lie to me about fixing my paper work with more excuses, was abusive and controlled every aspect of my life now. He caused me alot of psychological trauma, by bringing me to this country and turning me into an illegal alien, who cant do anything.

Cant work, drive, no bank account, no money of my own, scared of police or any other government agencies. i just felt like a zombie. I could have just gone home to the UK and everything would have been instantly normal for me. But we have children, which complicated matters and it was so impossible for me to just take all the kids and get on an airplane. 

 

I told him that i couldn't live like this anymore it was effecting my state of being and my health and that i wanted a divorce. Of course he tried to make more promised, but i was no longer agreeing to anything. He threatened me by saying me if i ever mentioned divorce again he would take me to ICE and have me deported or that he would kick me out on the curb, he told me if ever left and took the kids he would have me arrested and locked up for kidnapping. 

 

He took all of my paper work.... passport, birth certificates, kids paper work.... everything and hid it. He closed access to internet and phones, so i unable tell anyone what was going on.

This scared me to the point that i just ended up running away from him. I went to stay with a close friend of mine. During this time even though i was warned not to contact him, i ended up contacting him because we had children. 

Because of my contact with him, he ended up finding out where i was staying and pressured me into returning just for enough time to file for a divorce together, so he said. I felt like once again he had something over me, and to avoid causing problems where i was staying, i stupidly agreed to go.

 

As a result of this, when i got there it ended up in him taking me against my will to Homeland Security Department and handing me over to ICE, who arrested and detained me for violating my 90 days visa waiver.

I spent over a week in jail, while my friend was trying to find lawyers who could get me out. In the end only 1 lawyer suggested that we try and request ICE to grant a post-order of supervision and provide documentary evidence showing reason for why i should merit humanitarian consideration.

In the outcome ICE decided to to give me a chance to file for a VAWA petition and released me on 'Order of supervision'

 

I am so traumatized, overwhelmed and just shocked by the recent events that i do not know where to begin. I just want rid of this man and his grip over me. I know that I need a lawyer and i need to file for a VAWA asap. But i also need to sustain myself in the meantime and pay for these expenses. 

I'm hoping somebody here would be able to give me some advise.

What is the process of filing for a VAWA, i don't have any police records as i was afraid to call them in case it resulted in me getting deported. And i don't have any medical records.

 

Can anyone with a similar scenario as mine share the out come or progress of their VAWA petition?

 

I was told i can apply for a work permit with 'order of supervision' document. But its not clear to me what type of supporting documents they require from me.  Do they require a letter from me stating the below? 
A. Existence of a dependent spouse and/or children in the United States who rely on you for support;
B. Existence of economic necessity to be employed; and 
C. Anticipated length of time before you can be removed from the United States

 

Am i able to get a state ID with my 'order of supervision" document. 

 

All and any other advise would be so much appreciated.

Thank you.

 

To file VAWA you should attend therapy 5/7 sessions and have a psychological evaluation done by a psychologist or a counselor with experience in domestic violence.  You have an  order of supervision because you are waiting for a court hearing, it's a period of time that precedes your order of removal, but you can take your kids with you to the UK just if your husband agrees that you can take the kids with you, if he doesn't agree you might be deported without your kids, but having a VAWA case ICE probably will not execute the removal until final adjudication of your VAWA case. You will have to explain why you deserve "humanitarian consideration", probably the attorney will ask humanitarian consideration based on family separation, because if you are deported you will be separated from your kids and your kids and you will suffer hardship, he can argue the impact on the cognitive, social, or emotional well-being of your children  who will be care for someone else. He can argue financial hardship for you, If any of your children has a a medical condition he can argues about this as well.

 

Probably your attorney will file the VAWA petition first, you will receive work permit based on the application for stay of removal when your VAWA is approved then your attorney will submit form I-485.While in removal just the Immigration Judge has jurisdiction over the adjustment of status case, but your attorney can ask the DHS to join him/her in requesting the Immigration Judge to terminate the removal proceeding. Many attorneys submit the I-485 to USCIS without terminating the removal proceedings and USCIS denies the AOS because they have no jurisdiction over the AOS. To have a Master hearing can take a few years, you will have first the master hearing first and then after 3 or 4 years you will have the individual hearing, then it's better to ask the DHS to join the request to terminate the proceedings and then file the AOS with the USCIS.

[Sandra G. 5,038]

18 minutes ago, sandranj said:

 ANNA2018- Your case is not like most of the cases here, then do not attempt to do your VAWA alone, you can  find a pro bono attorney to help with your VAWA case.

 

 

 

 

 

Edited July 29, 2018 by sandranj

[Sandra G. 5,038]

2 hours ago, SssMay said:

Yes, I unpated my new address and I didn’t receive the NTA. Does it means I am not in the removal proceeding?

As  I mentioned before to be in removal proceedings you need to receive the NTA.

[Sandra G. 5,038]

2 hours ago, SssMay said:

@sandranj Hi, Sandra . I just called the number which u posted on last question and checked my status. I just entered my A number of the i485, and the system said the case not need filed in immigration court. What does it mean? 

 

The message you posted here doesn't make any sense. Usually the messages is if you are in removal or that  the file number does not match or the accusatory document has not yet been submitted to the immigration court,it means the person is not in removal proceedings.