VAWA, Part 15

[Sandra G. 5,048]

2 hours ago, Papayo said:

I will be glad if someone can reccomend a good therapist who can write good evaluation. Though I prefer a therapist in Michigan but I do not mind going to other state. Thank you.

 

You need to find a psychologist in your State because you need to attend at least 5 therapy sessions and not just to get a psychological evaluation.

[Sandra G. 5,048]

On 9/10/2019 at 7:47 PM, HopeHope__ said:

@sandranj I’m still confused about it. USCIS policy manual says that unauthorized employment bars to adjustment do not apply to Vawa applicants. So how could work without EAD could be a reason to USCIS deny I-485 ? Have you seen it happen before? I just want to understand how it really works. 

This is what the Law sessions but it’s not what the local offices follow.All employment without EAD before filing VAWA the USCIS will forgive ok

Edited September 12, 2019 by sandranj

[Sandra G. 5,048]

17 hours ago, natalysmile said:

After completing additional documents, will it really be? or do I need to issue SSN again?

Thank you

The number won’t change.

 

15 hours ago, Progress40 said:

Hello Sandra, 

 

Before I say anything, I would like to appreciate you for your support on this forum. You have been a source of strength for many.

 

Now my question.  My approved EAD/AP Combo Card was never delivered because it was sent to my previous address. According to USPS, it was returned to sender ( which would be USCIS in this case ) .

 

I have sent a notarized letter to USCIS stating that I never received the Combo Card and requesting for the card to be sent back or a replacement card to be sent. Its been over a month now and I have not heard anything from them.  I need to show my renewed EAD at my workplace or I might been asked to leave.

 

Please advise.

 

Thank you 

Ask your Congress person to inquire on your behalf .

[Sandra G. 5,048]

19 hours ago, Shroy123 said:

i didnt get it. means if any immigrant work unauthorized and he/she applied for vawa, he/she can adjust their status?

Any alien who files VAWA can file AOS and adjust the status if the VAWA is approved.Spouses of green card holders has to wait a visa number to become available tho.If the person worked without EAD before filing VAWA or AOS the person won’t have problem to adjust status .

Edited September 12, 2019 by sandranj

[Stillwinning!!!😊 4,570]

13 minutes ago, sandranj said:

Any alien who files VAWA can file AOS and adjust the status if the VAWA is approved.Spouses of green card holders has to wait a visa number to become available tho.If the person worked without EAD before filing VAWA or AOS the person won’t have problem to adjust status .

Hi @sandranj Shroy is asking specifically if VAWA petitioners are forgiven for previous unauthorized work? Kindly clarify this..although I've told him that they are forgiven!😊👍

[Shroy123 749]

USCIS/VCS actually changed my EAD case status changed to expedite request denied because i did not provide evidences of extreme hardship. Really?? 

3 hours ago, Papayo said:

I will be glad if someone can reccomend a good therapist who can write good evaluation. Though I prefer a therapist in Michigan but I do not mind going to other state. Thank you.

 

try for local metrocare. they can write good evaluation

[Stillwinning!!!😊 4,570]

22 minutes ago, Shroy123 said:

USCIS/VCS actually changed my EAD case status changed to expedite request denied because i did not provide evidences of extreme hardship. Really?? 

I see you're still brooding over that situation..😏 just let it slide..easy does it..it will still be approved with time..patience..patience it's all!😊👍

[FeDaniela 673]

2 minutes ago, Shroy123 said:

USCIS/VCS actually changed my EAD case status changed to expedite request denied because i did not provide evidences of extreme hardship. Really?? 

 When requesting an expedite of an EAD to USCIS, you have to provide that you qualify for one of their expedite criteria. They will then consider the evidence you provide on a case-by-case basis. There are no guarantees of approval even if you submit really strong evidence for expedite.  (DID YOU SUBMIT ANY EVIDENCE??)

This are the expedite criteria USCIS have:

Severe financial loss to a company or person

An emergency situation

Humanitarian reasons

Nonprofit organization whose request is in furtherance of the cultural and social interest of the United States

A Department of Defense or national interest situation

USCIS error

Compelling interest of USCIS

 

This was my example:

My EAD Expedite request was approve because I submit company letter head stamp and sign by my manager asking USCIS to please expedite my EAD because I was a key employee on their company since i was the only Spanish language speaking sales person at the moment at the sales department,  and I was also schedule to travel to trade show and the company will have a big loss if my EAD 180 days extension expire and EAD was not received on time. This letter was submitted by my congress person that also made a statement on my behalf saying the I was my children and only financial support since me and my ex abuser were fighting child support and custody and the lost of my job will cause extreme hardship to me and children, I sent proof of all my bills on my name that i took care of and the court documents. 

Maybe you can try again and sent proof.

 

[Screecher 50]

1 hour ago, sandranj said:

Any alien who files VAWA can file AOS and adjust the status if the VAWA is approved.Spouses of green card holders has to wait a visa number to become available tho.If the person worked without EAD before filing VAWA or AOS the person won’t have problem to adjust status .

I think we are all a bit confused.

what if employment was done WITHOUT a valid EAD AFTER vawa was filed .

say in case of shroy ( his extension was denied as his lawyer filed c31 by mistake ) 

now if shroy works without a valid work permit (EAD) now ( and he has already filed vawa ) 

will there be a problem ? 

[HopeHope__ 72]

7 minutes ago, Screecher said:

I think we are all a bit confused.

what if employment was done WITHOUT a valid EAD AFTER vawa was filed .

say in case of shroy ( his extension was denied as his lawyer filed c31 by mistake ) 

now if shroy works without a valid work permit (EAD) now ( and he has already filed vawa ) 

will there be a problem ? 

It shouldn’t be a problem because the law says the Bar doesn’t apply for Vawa applicants. According to the law it doesn’t matter if it was before or after vawa filing.  Sandra says the officers are not following this. If they are not following this they are going against their own policy manual.  If they are not following their own rules what should we expect?  It is completely insane. 

[Villanelle 4,122]

8 minutes ago, Screecher said:

I think we are all a bit confused.

what if employment was done WITHOUT a valid EAD AFTER vawa was filed .

say in case of shroy ( his extension was denied as his lawyer filed c31 by mistake ) 

now if shroy works without a valid work permit (EAD) now ( and he has already filed vawa ) 

will there be a problem ? 

NO.

This has been gone over several times. Are you worried about something specific to your case? 

How it works is when someone is adjusting status (the 485 to get the GC) they first have to be eligible. VAWA filers use the approved 360 for that. Then the Officer has to review any inadmissibility issues. That means any reason why you can not get a GC even though you are eligible.This covers having a valid medical, properly filled 864 etc.  IF you are adjusting based on 360 then unauthorized work is NOT an inadmissibility issue. If you werent adjusting based on the 360 it might be an issue, but again since you are adjusting based on the approved 360- work done with out having a valid EAD will not be used against you as a reason to not give you the GC.  

[Sandra G. 5,048]

1 hour ago, Stillwinning!!!😊 said:

Hi @sandranj Shroy is asking specifically if VAWA petitioners are forgiven for previous unauthorized work? Kindly clarify this..although I've told him that they are forgiven!😊👍

Yes USCIS forgives those who worked without EAD before filing VAWA/AOS.

 

USCIS guidelines state that any unauthorized work before or after filing VAWA they will forgive, but I participated in a few  USCIS stakeholder meetings and their instruction is to not  take into consideration just the unauthorized work BEFORE  filing VAWA,then I always tell everyone not to work without EAD after filing VAWA because of the risk to have the AOS denied, despite I don’t know any case of denial so far .

[Stillwinning!!!😊 4,570]

2 minutes ago, sandranj said:

Yes USCIS forgives those who worked without EAD before filing VAWA/AOS.

 

USCIS guidelines state that any unauthorized work before or after filing VAWA they will forgive, but I participated in a few  USCIS stakeholder meetings and their instruction is to not  take into consideration just the unauthorized work BEFORE  filing VAWA,then I always tell everyone not to work without EAD after filing VAWA because of the risk to have the AOS denied, despite I don’t know any case of denial so far .

Thanks for this Sandra the great attorney! 👑 and for those still confused about this issue..I hope you have heard it clearly...in the past doesn't mean present! They forgive if you've worked in the past...once you file VAWA do NOT attempt it!!! 👎 thank you!👍

[HopeHope__ 72]

5 minutes ago, sandranj said:

Yes USCIS forgives those who worked without EAD before filing VAWA/AOS.

 

USCIS guidelines state that any unauthorized work before or after filing VAWA they will forgive, but I participated in a few  USCIS stakeholder meetings and their instruction is to not  take into consideration just the unauthorized work BEFORE  filing VAWA,then I always tell everyone not to work without EAD after filing VAWA because of the risk to have the AOS denied, despite I don’t know any case of denial so far .

Thanks for you for this explanation! 

[Ilo 105]

Good morning all.....I want to thank you all for your support, everyone that prayed with me, sent me pm prayer, all those who answered my question in one way or the other, I woke up this morning to new card being produced (I-485) exactly 1month after my interview. My heart ‘‘tis filled with joy for what the Lord has ✅ 🙌🙌🙌🙌