VAWA, Part 11

[Fatejourney17 0]

Thank you so much @sandranjand others for the enlightenment and prompt responses. I have a pending i130(since 2017) and approved i360 (2weeks ago). What do y'all suggest I do because I want to go back to him, I believe the anger mgt classes has really helped him...

[FocusedFemale 60]

15 minutes ago, Peppermint said:

Hello everyone!!!!!! 

I have my GC interview on September 24 at 10:30am! 

Guys, I’m so nervous and now I’m trying to prepare all the documentation I need to take with me on that day and I’m lost!!! Can anyone help me please? 

Ive been waiting for that day so long and I even shaken how excited and nervous I am!!! 

Also congratulation for all approvals!!!!

 

ps: I’m freaking out also cause I have couple speeding tickets and I hope it won’t have any influence on the decision!!! And I just can’t imagine what tgey will ask me ughhhh I’m going by myself! 

I had a speeding ticket and I still got approved. Just mention it when they ask about citations. Be very very honest. 

[Kleenex12 107]

17 minutes ago, melissa.w said:

Yes i know yours approved, so happy for you. I did contacted my congressman (brooklyn ny) in August, and after 2 weeks congressman’s office informed me that uscis told them, that signature on my privacy release form and i360 doesn’t match. Unbelievable, i have same signature all my life. At least i know that somewhere my forms still exist. I sent my ssc and expired permit to congressman’s office prove that i have same signature everywhere, and now still silence almost month. 

Well,that’s really long don’t worry keep faith God is in control 

[CantWaitNoMore 6]

1 hour ago, Tortmaster said:

Good morning everyone! I had my I-485 interview this morning and I just wanted to share my experience.

 

My appointment was at 9:45am. I was seated in the lobby by 9:40 and had to wait a bit. I was called in at 10:30am.The interview had me swear to tell the truth then he took my picture and finger prints.

After that he asked me my name, address, and date of birth. He went down a few questions asking if I had any criminal history. He asked me if I have ever worked illegally and where(yes). He asked if I have claimed to be a US citizen or voted in a federal election(no). He asked me where I went to school, and where I work currently. He asked for my updated medical.

He told me he had 30days to make a decision but that he would probably make it sooner. He said he would review my file, and if they needed anything else he would send a notice otherwise he would send a notice with a decision. He said he could not tell me at this time what that decision would be. Honestly he was very nice, friendly and curteous.

 

I left the office at 10:45am. I drove home and had something to eat. At 12pm I got notification by email and text that my new card is being produced!!!!! Honestly I could not believe it!!!! After all this long wait and suffering God has done it as He has always done, this never-failing God.

I am so grateful to God for everyone on this forum, your help, encouragement, insight and friendship. May God bless you all and help you along on your journeys. I pray for better and safe relationships for all of us as we continue along and rebuild our lives.

 

My timeline briefly

I-360 January 9, 2017

I--485 and I-765 April 11 2017

I-360 Approved May 22, 2018

I-485 Interview September 18 2018

I-485 Online notice of Approval September 18 2018

 

Congrats guys! My case get complicated. I was teaching a friend how to drive she has an accident and run. We’re both charge with hit and run. I plead not guilty now I’m going to court trying to dismiss it. Does anyone experience some like that

[CantWaitNoMore 6]

48 minutes ago, iwillsurvive said:

You are very kind! I hope so! My local office has a very long wait time since I am in California. Hoping to hear soon though! The longest part of the wait is over, I know that  

 @iwillsurvive what is your field office. Mine is the San Diego field office in Cali

[Double 40]

My updated timeline: 

Hope this provides a current realistic timeline for new filers.

 

Filed concurrently I-360/485/765/912: July 3

Received/NOA: 7/13

Prima facie: 7/13 (valid for one year)

RFE for I-765: (rejected for using expired forms): 7/20

New I-765 application sent:7/24

Received: 7/27

Advanced parole received: 8/17 

Biometrics: 8/20

EAD: Received today 9/17

 

@Valerie899 I know we have similar timelines. Your EAD would arrive soon. *prayers up* 

 

Edited September 18, 2018 by Double

[Sandra G. 5,057]

40 minutes ago, Peppermint said:

Hello everyone!!!!!! 

I have my GC interview on September 24 at 10:30am! 

Guys, I’m so nervous and now I’m trying to prepare all the documentation I need to take with me on that day and I’m lost!!! Can anyone help me please? 

Ive been waiting for that day so long and I even shaken how excited and nervous I am!!! 

Also congratulation for all approvals!!!!

 

ps: I’m freaking out also cause I have couple speeding tickets and I hope it won’t have any influence on the decision!!! And I just can’t imagine what tgey will ask me ughhhh I’m going by myself! 

 

The speeding tickets won't be a problem ok. Take with you your original bith certificate and respective translation,if applicable, your marriage certificate, divorce decree,if any, valid passport, EAD, some officers ask the EAD and documents showing bonifide marriage. It's not necessary to bring doccuments about the abuse. If you noticed any question in your I-485  that  you or your attorney answered wrong, tell the Immigration officer that you want to amend your I-485 before he started asking you questions.

[Sandra G. 5,057]

1 hour ago, CantWaitNoMore said:

Congrats guys! My case get complicated. I was teaching a friend how to drive she has an accident and run. We’re both charge with hit and run. I plead not guilty now I’m going to court trying to dismiss it. Does anyone experience some like that

 

 Hit and Run is considered a crime of moral turpitude. You need to keep in mind  that even if the conviction is  vacated   it will remain a  crime of moral turpitude for  immigration purposes.The Department's Foreign Affairs Manual states "Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general",  and the Board of Immigration  affirmed  in several decisions that leaving the scene of an accident without  helping an injured person is considered "inherently depraved and contrary to the accepted rules of morality". You should hire an immigraion attorney to apply for  a waiver of inadmissibiity, but in my opinion your chance to have the waiver approved is very small.

[Sandra G. 5,057]

1 hour ago, Fatejourney17 said:

Thank you so much @sandranjand others for the enlightenment and prompt responses. I have a pending i130(since 2017) and approved i360 (2weeks ago). What do y'all suggest I do because I want to go back to him, I believe the anger mgt classes has really helped him...

 

 

It seems you decided already, don't you?.

 

I can just tell you what the Law states. When attending the AOS interview the Immigration officer will ask if you are divorced, you don't have to be divorced, you will answer I am not, but you MUST inform the officer  that you reconciled with your husband, and the chance to have your AOS approved is almost non existent. You must inform the Immigration officer that you reconciled with your husband in order not to mislead the IO.  You risk having your  AOS approved and later on having  your naturalization denied for " wilfful misrepresentation of the fact".

Edited September 18, 2018 by sandranj

[Sandra G. 5,057]

23 hours ago, nap_o said:

Thank you! I’m just confused bc you have to be married in order to file on c9 category and I’m already divorced... don’t know whether to list myself as divorced on it...

 

Also, will I need two separate interview( I-360 and I-485) or they approve your green card right at the same time? 

 

You don't need to be divorced to file form I-765 category C 9.

It doesn't exist interview for VAWA cases,just for AOS.

[CantWaitNoMore 6]

12 minutes ago, sandranj said:

 Hit and Run is considered a crime of moral turpitude. You need to keep in mind  that even if the conviction is  vacated   it will remain a  crime of moral turpitude for  immigration purposes.The Department's Foreign Affairs Manual states "Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general",  and the Board of Immigration  affirmed  in several decisions that leaving the scene of an accident without  helping an injured person is considered "inherently depraved and contrary to the accepted rules of morality". You should hire an immigraion attorney to apply for  a waiver of inadmissibiity, but in my opinion your chance to have the waiver approved is very small.

What if the case get dismissed? I look on the USCIS website and it states that only aggravated felony bars apply to VAWA based AOS. Different bars apply to different kind of immigration status. Moreover, I’m pretty sure It’ll be dismissed. I have two lawyers.

[CantWaitNoMore 6]

17 minutes ago, sandranj said:

 Hit and Run is considered a crime of moral turpitude. You need to keep in mind  that even if the conviction is  vacated   it will remain a  crime of moral turpitude for  immigration purposes.The Department's Foreign Affairs Manual states "Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general",  and the Board of Immigration  affirmed  in several decisions that leaving the scene of an accident without  helping an injured person is considered "inherently depraved and contrary to the accepted rules of morality". You should hire an immigraion attorney to apply for  a waiver of inadmissibiity, but in my opinion your chance to have the waiver approved is very small.

It is also not an inadmissibility problem but a bar for adjustment 

[CantWaitNoMore 6]

22 minutes ago, sandranj said:

 Hit and Run is considered a crime of moral turpitude. You need to keep in mind  that even if the conviction is  vacated   it will remain a  crime of moral turpitude for  immigration purposes.The Department's Foreign Affairs Manual states "Moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general",  and the Board of Immigration  affirmed  in several decisions that leaving the scene of an accident without  helping an injured person is considered "inherently depraved and contrary to the accepted rules of morality". You should hire an immigraion attorney to apply for  a waiver of inadmissibiity, but in my opinion your chance to have the waiver approved is very small.

It’s also not in the category of moral turpitude. I attach a screenshot of moral turpitude felony in California 

[Sandra G. 5,057]

21 hours ago, iwillsurvive said:

You don’t have to be but they obviously want to see that you are making moves to get away from your abuser, so it is advised to have at least filed for divorce and be able to prove that. USCIS knows that the divorce process can be complicated and long, so if it is not finalized, that’s okay but I would highly suggest to prove to them that you no longer involved with your abuser. 

Also from a personal point of view, I think you should get a divorce as soon as possible so that your abuser has no legal ties to you and so that if your abuser gets into debt on purpose, you don’t have to pay for it. 

 

I agree with you that she  should get a divorce as soon as possible in order  not have legal ties with her husband ,but regarding the divorce she doesn't need to be divorced or show intent to divorce to have her AOS approved. VAWA Law allows the person to file VAWA when still living with the abuser, but the person should not be living with the abuser when attending the AOS interview.If the person doesn't have a place to stay then the person should go to a shelter for victims of domestic violence.

[Sandra G. 5,057]

11 minutes ago, CantWaitNoMore said:

It’s also not in the category of moral turpitude. I attach a screenshot of moral turpitude felony in California 

 

 

 

 

It's not on the list  but  we have hundreds of decisions given by the Board of Immigration  and  by several  Circuit of Courts stating  that hit and run is a crime of moral turpitude. As i mentioned above the BIA decided "leaving the scene of an accident without  helping an injured person is considered "inherently depraved and contrary to the accepted rules of morality", that being said the BIA and the Circuit of Court consider hit and run a crime of moral turpitude.

Edited September 18, 2018 by sandranj