VAWA, Part 11

[Ylx 81]

Hi! Everybody... I'm so worry I just send my VAWA case, and got to Vermont this Wednesday.

Im So worry about the NTA ...

I read the policy memo and said: 

"...The June 2018 NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect."

So VAWA is considered as humanitarian application? If our cases are denied will.NOT send an NTA  for future deportation?

 

Please help!

[Ilo 105]

9 minutes ago, MGJ_NY said:

She sent the VAWA packet on the 7th because i was pressuring her to do so. So here’s my complicated story: @Double @Ilo @iwillsurvive

 

 I had my I485 interview last July 18, 2018. My lawyer accompanied me in Federal Plaza, NY so we could have my I485 held in abeyance while we are gathering documents for VAWA. We were the last people in the room. We were there at 1:00 for a 2:00pm appointment, got called at almost 6:00pm. Assuming the officer that we were assigned to was already tired or stressed out for the day, she said that “I have nothing to do with this case because your husband is not here so I’m just going to put a no-show note” and that’s it, may lawyer didn’t even say anything, she just asked for her name. The day after that, we sent a letter to USCIS stating our experience during interview and asked to hold my I485 but we didn’t get Any response until now, so we don’t know how many days am i given to file the VAWA (she said “no news is good news”), that’s why I have been calling and sending her email everyday since after the interview and asking updates, she always told that the affidavit  will be done by “next week” , weeks have past and it’s already September and I just lost it and told her we need to send it immediately so we could make it before the new policy memo kicks in. I’ve been asking her what’s going to happen if i Dont make it before Sept. 11, she said they will just issue an RFE. I just gave up asking her questions cause she doesn’t even know what she’s doing. She didn’t even inform me they already got the receipts until i emailed her this morning. This forum has really been helpful to me with gathering info about VAWA, if not I’d still probably be waiting for nothing. 

Ok now i get it, from my experience i was able to send them additional evidence after they issued me prima facie, it is stated on there that you should use the blue sheet they sent you to submit additional documents so it can be placed on the proper file. I would suggest you get the documents and wait, they may still ask you for it.

[Florecita_Bella 16]

31 minutes ago, Ilo said:

If your lawyer was been calculating enough he or she should have known that sending the documents on 7th which was a weekend, USCIS will definitely received it while the new rule already kicked in, there was no need for the rush with such a time frame.

I would suggest you get the missing documents and wait for them or better still communicate with your lawyer. 

 

I still do not have the receipt for I-485, but my lawyer sent it to USCIS on September 7. As verified the status of the shipment on the Fedex page, USCIS received it on the 10th at 11:47 am.
I wonder if that date in which USCIS signed Fedex as received the package will be the same date that will be on the receipt or if USCIS can change the date of receipt, that is instead of putting September 10 as mentioned by Fedex , USCIS will put some other date differently.
Thanks in advance for your comments.

[Ilo 105]

3 minutes ago, Florecita_Bella said:

I still do not have the receipt for I-485, but my lawyer sent it to USCIS on September 7. As verified the status of the shipment on the Fedex page, USCIS received it on the 10th at 11:47 am.
I wonder if that date in which USCIS signed Fedex as received the package will be the same date that will be on the receipt or if USCIS can change the date of receipt, that is instead of putting September 10 as mentioned by Fedex , USCIS will put some other date differently.
Thanks in advance for your comments.

My packages were delivered by USPS and signed for on April 24th, but my receipt date says they received it April 25th, so I guess they usually take a day or so

[Sheenane 2]

On 9/25/2018 at 2:39 PM, sandranj said:

USCIS  is not required to issue RFE anymore, it means you must submit the police clearance of all places that you lived in the past 3 years otherwise they will deny your I-360.

Hello Sandra hw are you? Now I m very stress, I sent my I360 June 2017 I m still waiting.now what about the i486 they gonna denied it if I send it now?

[MGJ_NY 106]

16 minutes ago, Ilo said:

Ok now i get it, from my experience i was able to send them additional evidence after they issued me prima facie, it is stated on there that you should use the blue sheet they sent you to submit additional documents so it can be placed on the proper file. I would suggest you get the documents and wait, they may still ask you for it.

But that was before the new policy memo, right? My worry right now is they might deny it because of the lack of evidence or they might consider and issue an RFE.  Well, I guess i just have to wait to know.

[Florecita_Bella 16]

3 minutes ago, MGJ_NY said:

Pero eso fue antes del nuevo memo de política, ¿verdad? Mi preocupación ahora es que podrían negarlo debido a la falta de pruebas o podrían considerar y emitir un  RFE . Bueno, supongo que solo tengo que esperar para saberlo.

MGJ_NY, we are in the same situation, my form was also sent missing support documents ...

[Sheenane 2]

18 minutes ago, Sheenane said:

Hello Sandra hw are you? Now I m very stress, I sent my I360 June 2017 I m still waiting.now what about the i486 they gonna denied it if I send it now?

Meant I 485

[iwillsurvive 254]

18 minutes ago, Sheenane said:

Hello Sandra hw are you? Now I m very stress, I sent my I360 June 2017 I m still waiting.now what about the i486 they gonna denied it if I send it now?

You sent your I-360 in June 2017, the new rule only applies to forms filed after September 11th, 2018. 

 

Just make sure you submit all the documents needed when filing I-485 and you will not have a problem. The new memorandum simply states that they are not obliged to ask for additional evidence anymore. But if you send everything they need, then they will not need to ask for additional evidence. 

[MGJ_NY 106]

1 hour ago, iwillsurvive said:

https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-certain-requests-evidence-and-notices-intent-deny

 

The policy went into effect on 9/11, so since your receipt date is 9/11, the policy will apply to you. But that just means that they now have the right not to ask for an RFE but they still can if they want to. 

Hi @iwillsurvive. I just read the link you sent me. It says it took effect after 9/11. So I guess my they still might consider my case. Thanks for the link and taking time to reply to my post. 

[Sheenane 2]

6 minutes ago, iwillsurvive said:

You sent your I-360 in June 2017, the new rule only applies to forms filed after September 11th, 2018. 

 

Just make sure you submit all the documents needed when filing I-485 and you will not have a problem. The new memorandum simply states that they are not obliged to ask for additional evidence anymore. But if you send everything they need, then they will not need to ask for additional evidence. 

Thank you soo much ! I will send them soon .

[Hanna Bui 32]

3 hours ago, NiceGuyXLE said:

Good morning, i just received a phone call from my lawyer and he is telling me that he called to find out more info about my vawa and they told him that they are looking for divorce decree, we are not divorced and the lawyer is telling me that i should start the process to get divorced, will this in someway affect my vawa !?

Thanks 

I still not divorced with my abuser until now but my Vawa is approved.  

[Florecita_Bella 16]

5 minutes ago, MGJ_NY said:

Hi @iwillsurvive. I just read the link you sent me. It says it took effect after 9/11. So I guess my they still might consider my case. Thanks for the link and taking time to reply to my post. 

@Sandra, iwillsurvive, @Damara and other collaborators please confirm the information that MGJ_NY is presenting, in which it states that the new law is effective after September 11, that is, it applies to the cases received by USCIS from day 12 of September or later.
Thanks in advance!

[MGJ_NY 106]

9 minutes ago, Florecita_Bella said:

@Sandra, iwillsurvive, @Damara and other collaborators please confirm the information that MGJ_NY is presenting, in which it states that the new law is effective after September 11, that is, it applies to the cases received by USCIS from day 12 of September or later.
Thanks in advance!

Hi @Florecita_Bella May I know when did u send your application and receipt date?

Edited September 27, 2018 by MGJ_NY

[Double 40]

1 hour ago, Kleenex12 said:

Thanks so very much,I was freaking out already!thanks a lot,feel abit relieve now!

Yea, I still think you should try to renew your expired passport cos’ you’ll need it for ID/Drivers License or other urgent travel needs in the future. Go ahead and contact your Embassy or Consulate in the US. No passport should take 2 years. I didn’t have a current passport at the time of the biometrics, but I applied for one now.

Edited September 27, 2018 by Double
Typo and error