VAWA, Part 12

[Mnmnm 11]

1 hour ago, FeDaniela said:

When you reenter was with your visa this  issue an I-94 this is your prove of legally enter the country without needing the Advance parole,  Check the I-94 website https://i94.cbp.dhs.gov/I94/#/home imput your information.  YOUR I-94 document should be there, print it out and file motion to reopen your I485, with your I-94 document, Approved Vawa, and mentioned that you reenter with your Valid Visa not Advance Parole. 

I legally entered but they said I shouldn’t have forgotten to give my AP since that means I abandoned my 485. 

[FeDaniela 673]

9 minutes ago, Mnmnm said:

Thank you so much for your help 

uscis denied 485 because I can’t get my AP stamp from CBP and CBP is not gonna back date and stamp it. The abandonment was for the old 485. I wonder if I file a new one is it gonna affect it. 

Why will you need AP Stamp, when you enter with a Visa?? It seems to me the USCIS is looking for a proof of legally Reenter the country, thats what you need to prove. CBP cannot stamp an actual or an Expired document for no one who did not used their AP to reenter when they stamped an AP or Passport is to parole you in...  in your case You  use a Valid Visa to do so and were legally admitted . I think this is what the IO officer was looking for in the interview... Did you provide your lasted I-94 in the interview??? Your case is tricky they want to said you abandoned your I485, because you was not parole. But you had your visa. Need an lawyer help this is matter of explanation or know certain detail of the Law... 

Edited February 18, 2019 by FeDaniela

[Blunt 167]

4 minutes ago, Mnmnm said:

I legally entered but they said I shouldn’t have forgotten to give my AP since that means I abandoned my 485. 

just calm down everything will be alright..there is nothing new in this world anymore..its not your fault..just try and get a proficient attorney not just anyhow attorney,,evaluate the lawyer very well before giving him or her the job cause so many lawyers are just doing trial and error ..i really feel for you while going through your story,if not for the AP issue you would have gotten your case approved but its not over yet just dnt put yourself on any pressure...i think you will have to refile another i485 and push hard to see how to rectify the cbp thing...you will come back here to give testimony.dnt give up ..even people with strong criminal case got approved so dnt be dismayed or feel rejected..all will be good just stay around best of Luck to you

[Pinkrlion 2,724]

1 hour ago, FeDaniela said:

When you reenter was with your visa this  issue an I-94 this is your prove of legally enter the country without needing the Advance parole,  Check the I-94 website https://i94.cbp.dhs.gov/I94/#/home imput your information.  YOUR I-94 document should be there, print it out and file motion to reopen your I485, with your I-94 document, Approved Vawa, and mentioned that you reenter with your Valid Visa not Advance Parole. 

The Tourist/Visitor's Visa is a non-immigrant visa (reflecting no immigration intent).  She did not enter the country using a document associated with a valid immigrant visa such as Advanced Parole (reflecting immigration intent)  You can use your B1/B2 as long as it has not been revoked even when you decide to leave and no longer AOS as often as you like.   

 

When it came time to adjudicate her I-485, the local office believed that since she came into the country and reentered using her visitor's visa that she had abandoned her AOS.  The local office gave her the opportunity for her to correct the re-entry status and CBP denied the request (Which they can do, since that is the only document that she presented at re-entry).  

 

I would not waste time with filing to reopen and file a new I-485.

Edited February 18, 2019 by Pinkrlion

[FeDaniela 673]

1 minute ago, Pinkrlion said:

The Tourist/Visitor's Visa is a non-immigrant visa.  She did not enter the country using a document associated with a valid immigrant visa.  You can use your B1/B2 as long as it has not been revoked even when you decide to leave and no longer AOS.  The local office believed that since she came into the country and entered using her visitor's visa that she had abandoned her AOS.  The local office gave her the opportunity for her to correct the re-entry status and CBP denied the request (Which they can do, since that is the only document that she presented at re-entry).  

 

I would not waste time with filing to reopen and file a new I-485.

Good Explanation, they are not taking until consideration she reenter with a Valid Tourism Visa, is not associated she needed the AP. Slightly mistake, But Filing a new i485 I don't think it will solve the problem, she went to the interview base on the Approve VAWA already USCIS already know she have an Approve VAWA. The problem the grounds of inadmissibility has being apply. or abandoned grounds... Maybe the need of Waiver should be need it.  

[Jengaeco 4]

I applied to my AP through VAWA and I received this status "Name Was Updated". Did someone had the same experience. What happened next? Thank you

[Mnmnm 11]

Hi guys 

 

anyone knows a good good lawyer in LA? 

 

Thank you 

[FridayGirl@69 318]

36 minutes ago, Jengaeco said:

I applied to my AP through VAWA and I received this status "Name Was Updated". Did someone had the same experience. What happened next? Thank you

Nothing to worry, I received the same on December 2018, my AP was denied until my I485 gets adjudicated or my I131 gets approved, the USCIS Officer said that to me on Dec 27 2018.

[Jhn 14]

1 hour ago, FeDaniela said:

Good Explanation, they are not taking until consideration she reenter with a Valid Tourism Visa, is not associated she needed the AP. Slightly mistake, But Filing a new i485 I don't think it will solve the problem, she went to the interview base on the Approve VAWA already USCIS already know she have an Approve VAWA. The problem the grounds of inadmissibility has being apply. or abandoned grounds... Maybe the need of Waiver should be need it.  

I believe she can file new I-485 and get her greencard. The old I-485 was abandoned, therefore was denied. Uscis can denie your I-485 for many reasons, abandonment, not showing up for interview, failed interview and many others. This does not prevent you from filling a new application as long as you don’t abandon or make same mistake again. 

[Jengaeco 4]

20 minutes ago, FridayGirl@69 said:

Nothing to worry, I received the same on December 2018, my AP was denied until my I485 gets adjudicated or my I131 gets approved, the USCIS Officer said that to me on Dec 27 2018.

Thank you @FridayGirl@69 =D

 

Did you receive a letter or anything saying that they denied or did you call them? Thank you

[Roms2017 115]

1 hour ago, FeDaniela said:

Good Explanation, they are not taking until consideration she reenter with a Valid Tourism Visa, is not associated she needed the AP. Slightly mistake, But Filing a new i485 I don't think it will solve the problem, she went to the interview base on the Approve VAWA already USCIS already know she have an Approve VAWA. The problem the grounds of inadmissibility has being apply. or abandoned grounds... Maybe the need of Waiver should be need it.  

Correct i was thinking the same she need a waiver but we don't know what type of waiver yet only good lawyer can define it, we are still waiting on Sandranj to help her out in this situation.

You going to be fine

[FeDaniela 673]

12 minutes ago, Jhn said:

I believe she can file new I-485 and get her greencard. The old I-485 was abandoned, therefore was denied. Uscis can denie your I-485 for many reasons, abandonment, not showing up for interview, failed interview and many others. This does not prevent you from filling a new application as long as you don’t abandon or make same mistake again. 

Good to know is like starting fresh.

[FridayGirl@69 318]

7 minutes ago, Jengaeco said:

Thank you @FridayGirl@69 =D

 

Did you receive a letter or anything saying that they denied or did you call them? Thank you

I went yin Info Pass on Dec 27 2018, unfortunately the USCIS Officer said NO to me personally. She was very clear: until you I485 gets adjudicated.

[Roms2017 115]

22 minutes ago, Jhn said:

I believe she can file new I-485 and get her greencard. The old I-485 was abandoned, therefore was denied. Uscis can denie your I-485 for many reasons, abandonment, not showing up for interview, failed interview and many others. This does not prevent you from filling a new application as long as you don’t abandon or make same mistake again. 

She kept saying over n over that uscis sent her Rfe to.proof that she used her AP "Advance Parole" when reentry in US but she couldn't proof it cuz she forgot to give her AP to the CBP so she only presented her Passport and got stamp.

Since she forgot or failed to present her AP at the port of entry then USCIS used it again her talking about  I 485 abondonment.

All she need is a waiver to get her Green card

[Milestone2017 53]

This journey has transformed me and appreciated all the sacrifices that we have gone through. Through all the challenges, I have always been reminded that it's not only about surviving the violence. It's also about the strength of character. There's always a rainbow at the end of the tunnel. Always listen to your guts. If something is not right, walk away. Sometimes the red flags are obvious but we try to ignore. To God Be the Glory! Bless us all!

I am so much grateful I chanced upon this forum. My vow is to help in anyway I can. And if my journey can help to share, just let me know. My timeline below. Detailed journey coming soon. Thanks.

June2016 Got married
Sept 2016 Filed 130 485 131 765
Dec2016 1st combo card received
Jan2017 notice to AOS interview on Feb2017. Ex spouse tore the letter. DV gotten worse.
Jan2017 fled marital home with my child, straight to DV shelter.
Feb2017 AOS interview, showed up alone. Requested the IO to hold 485. Given 84days to file.
Mar2017 filed 360
April 2017 1st Prima Facie
Sep2017 2nd combo card renewal c9 to VSC
Oct 2017 2nd Prima Facie 180days
Oct2017 received 2nd combo card
April 2018 3rd PF 60days
May 2018 Traveled outside US with AP (6weeks)
June 2018 4th PF 180days
July2018 asked Congressman for help to inquire status of 360 (taking 16mos already)
July2018 3rd combo card renewal c9 to VSC
Aug2018 received 3rd combo card
Aug2018 360 Approved! NO RFE . Praise God!
Jan2019 traveled with AP (2weeks)
Feb 7 notice of AOS Interview on Feb 26, 2019 (6mos from 360 approval)

On this very special day, I am praying for the great weather, for the officer who will handle the interview, for the traffic, for my energy and stamina. Shed buckets of tears. Heart broken, penniless, jobless, homeless, a child to take care of, traumatized by DV, and going thru divorce filed by ex thinking I could be deported if I became unmarried. Plus the continuous bullying by calling our friends to stop communicating with me. But I have rose above my circumstances victoriously. I have prepared myself so much for this day to come. Mind , body, soul. Thanks for your support and prayers.