VAWA, Part 16

[John_ 188]

2 minutes ago, Sumar9909 said:

I'm wondering if I'll still receive the ead or I need to reapply 

Make sure you attend your interview when they schedule it. Provide a writen request to change the basis of your I485 to be based on your new pending I360. Also bring to interview the Form I864W

[Stillwinning!!!😊 4,570]

3 minutes ago, Sumar9909 said:

Is there any way for me to find out?

You'll know for sure when they send a letter informing you your i485 has been transferred to Vermont. Upon approval they will transfer again back to NBC.

[Stillwinning!!!😊 4,570]

6 minutes ago, Shroy123 said:

wow.. i wish I would have put my I485 on hold instead.. atleast i would have work permit but that's past .. 

Yes dear..just focus on the rest of the journey!👍

[Stillwinning!!!😊 4,570]

9 minutes ago, Sumar9909 said:

I'm wondering if I'll still receive the ead or I need to reapply 

And like Shroy said, you will receive it..you don't need to re-apply my dear!😊👍

[Sumar9909 81]

3 minutes ago, Stillwinning!!!😊 said:

You'll know for sure when they send a letter informing you your i485 has been transferred to Vermont. Upon approval they will transfer again back to NBC.

Oh wow, I guess I have a long way to go. My journey haven't yet been started. I was hoping for the ead so that I can take care of myself until the process is completed. 

[Stillwinning!!!😊 4,570]

4 minutes ago, Sumar9909 said:

Oh wow, I guess I have a long way to go. My journey haven't yet been started. I was hoping for the ead so that I can take care of myself until the process is completed. 

You need to be patient in this journey. Sometimes things go a lot faster than anticipated..other times it just drags! In all just maintain a positive disposition. As long as you have a good case approval is sure!👍 for your C9 EAD based on the pending i485, it won't take that long..you'll get it.

Edited November 14, 2019 by Stillwinning!!!😊

[Sumar9909 81]

6 minutes ago, Stillwinning!!!😊 said:

You need to be patient in this journey. Sometimes things go a lot faster than anticipated..other times it just drags! In all just maintain a positive disposition. As long as you have a good case approval is sure!👍 for your C9 EAD based on the pending i485, it won't take that long..you'll get it.

Thank u 

[Stillwinning!!!😊 4,570]

7 minutes ago, Sumar9909 said:

Thank u 

You're welcome. And now that you're just starting out..you should go through previous threads. It helps equip and broaden your knowledge on i360 petition. This thread is like an encyclopedia of VAWA!😊👌

[Kersac 115]

5 hours ago, cashweed said:

"you are a battered immigrant with a relative visa petition (Form I-130), the 5-year period starts the date the petition was filed (or the date that you entered the U.S. after it was filed if later). If you are a battered immigrant who self-petitioned under VAWA, the start date for the 5-year period is the date that a “prima facie” determination was made by immigration officials for the VAWA petition (Form I-360) and not the date the final VAWA status was granted".  

I came across the above while doing some research about vawa. Does this mean that if you are applying vawa as a spouse of abusive LPR and you get prima facie after your apply... then the five year time they will count for you to get citizenship will be 5 years starting from the date you got the primafacie for vawa. And not 5years from the date you got the vawa approved?. Maybe I misunderstood what that means so if anyone has a clue let me know. Am just curious. 

Hey Cashweed can you kindly point me to the direction of the source of this your research. I have read through almost the entire immigration website and i didnt find this information that you are talking about. The 9 requirements for citizenship and the exemption of 3 years instead of 5 green card requirement for vawa is the only thing i came across. Please kindly give me the source of this information, so that i can get a look at it. Thanks

[FeDaniela 673]

Hello Guys

 

I Found this page on USCIS, which have most  2019 VAWA appeals and Motion request to reopen or reconsider decision on Denied and revoke on Real Vawa cases.  very explanatory... If you have the time to read it read i'm a little bored and start reading and understanding how USCIS sometime see and handles our cases is fascinated. On how Lawyers and USCIS argues every case that has been denied or Revoke,, to reconsider opening for approval. 

https://www.uscis.gov/laws/admin-decisions?topic_id=1&newdir=B9+-+Battered+Spouse+or+Child%2FDecisions_Issued_in_2019/ 

Edited November 14, 2019 by FeDaniela

[Sandra G. 5,075]

2 hours ago, Sumar9909 said:

Hi everyone,

My usc husband filed i130, i765, i485 for me in june 2019. I did my biometrics  in July 2019. My marriage was very abusive and he got arrested. He withdrew the i130 but this was after I filed i360. I file i360 and i131 August 7, 2019 and received receipts. Prima facie was determined October 31, 2019. 

On November 9, 2019, I received an update that my i485 was ready to be scheduled for an interview. I'm confused because my vawa has not been approved yet.

What is really going on @Stillwinning!!!😊

USCIS is messy, but go to the interview and show the I-360 receipt and ask USCIS to put  on hold  your adjustment petition (I-485 ) in abeyance pending approval of your self-petition(I-360). If they don't put  your AOS on hold then refile the AOS if you didn't file yet.

 

I have 2 cases very interesting, 2 people hired me to file their VAWA petitions and I filed, both had the I-485 pending when I filed  their self-petition (I-360). Both attended the AOS interview and both asked the USCIS to hold the I-485. A  few months later their spouses withdrew the I-130 and  USCIS denied the I-130 in both cases, but USCIS did not deny the I-485, that being said their I-485 is still pending despite form I-130 was denied.

[Sandra G. 5,075]

1 hour ago, Kersac said:

Hey Cashweed can you kindly point me to the direction of the source of this your research. I have read through almost the entire immigration website and i didnt find this information that you are talking about. The 9 requirements for citizenship and the exemption of 3 years instead of 5 green card requirement for vawa is the only thing i came across. Please kindly give me the source of this information, so that i can get a look at it. Thanks

The text he posted here was written by Mass Legal Service and their information is wrong!!!!  USCIS in 2002 published  an  interoffice memorandum about the 3/5-year rule, the memorandum was updated in 2005  clarifying  classes of applicants eligible for naturalization under INA Section 319(a).

 

"...Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty (added text), may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years..."

 

https://www.uscis.gov/sites/default/files/files/pressrelease/PolMem89.pdf

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2005/sec319a012705.pdf

[nap_o 169]

Hi @sandranj

do you know how long it takes for NBC to schedule an interview after they send an RFE for birth certificate?

[Sumar9909 81]

31 minutes ago, sandranj said:

USCIS is messy, but go to the interview and show the I-360 receipt and ask USCIS to put  on hold  your adjustment petition (I-485 ) in abeyance pending approval of your self-petition(I-360). If they don't put  your AOS on hold then refile the AOS if you didn't file yet.

 

I have 2 cases very interesting, 2 people hired me to file their VAWA petitions and I filed, both had the I-485 pending when I filed  their self-petition (I-360). Both attended the AOS interview and both asked the USCIS to hold the I-485. A  few months later their spouses withdrew the I-130 and  USCIS denied the I-130 in both cases, but USCIS did not deny the I-485, that being said their I-485 is still pending despite form I-130 was denied.

Thanks for responding @sandranj. I have not received an interview date for the i485 yet. The action taken on the account stated that interview is ready to be scheduled. I know that it can take a long time to be schedule but when they do,  I'll go to the interview and ask them to place it on hold in obeyance pending adjudication of my i360. How do you think they will handle my i765 that was filed with the old i30 & i485 application? Do you think they will still issue the ead?

[FeDaniela 673]

39 minutes ago, Sumar9909 said:

Thanks for responding @sandranj. I have not received an interview date for the i485 yet. The action taken on the account stated that interview is ready to be scheduled. I know that it can take a long time to be schedule but when they do,  I'll go to the interview and ask them to place it on hold in obeyance pending adjudication of my i360. How do you think they will handle my i765 that was filed with the old i30 & i485 application? Do you think they will still issue the ead?

If the Officer at the interview holds your I-485 your EAD will be renew. As long as the I-485 is still pending you can keep renewing Your EAD until all your process is done (I-360 + I-485) and you have your green card on hand.  But if officer denies it also the EAD and AP becomes Null, you will have to sent a new AOS status package including I-485, I-765,

I-131 to Vermont Service Center. 

Edited November 14, 2019 by FeDaniela