I-751 filed under VAWA

[geowrian 22,338]

1 minute ago, kingdomcome84 said:

I always see these facts can be made up because you can. These claims get filed months or years later. these claims are loopholes in the system.

VAWA needs to stick to just police reports, restraining orders OR such emotional abuse claim that shows proof that the event happened while the marriage was ongoing.

I'm sure people have abused it. I'm also sure many have not. That's why abuse cases are handled by specific officers adapt at those types of cases.

[Anastasiya77 0]

7 hours ago, belinda63 said:

You need to take control of your case. You are wayyyyyyyyy past when you should have received a response to the RFE. I strongly suggest you change your address follow these instructions and make an info pass appointment ASAP. You can make the info pass appointment at your local office. It does not sound like your attorney is doing much of anything. It is your responsibility to keep up with the case. Attorneys have hundreds of cases they deal with and if you are approved or not does not affect them in anyway so they have no reason to be pro-active for you. 

Thank you for your advise 

[Going through 5,671]

2 hours ago, kingdomcome84 said:

I always see these facts can be made up because you can. These claims get filed months or years later. these claims are loopholes in the system.

VAWA needs to stick to just police reports, restraining orders OR such emotional abuse claim that shows proof that the event happened while the marriage was ongoing.

 

 

By the very nature of how ROC works (the stage where the OP is now), the applicant cannot wait years before filing with an abuse waiver...because ROC has to be filed within 2 years of receiving the initial GC, anyhow.  Another caveat of the ROC with an abuse waiver is to show that, yes, the events happened while the marriage was ongoing...that's what makes the person eligible to apply with the waiver.  

 

Are there people who lie and file false claims?  Of course---just like how there are people who lie in tourist visa applications.  With proving an abuse waiver, though, there's a lot stricter criteria that has to be fulfilled...so it does help to weed out the ones who are merely looking for some type of loophole. 

 

Frankly, if I were the type who'd want to try to game the system in any way---filing a false abuse waiver would be the LAST route I'd take, given the amount of evidence that needs to be submitted with that.

[Sandra G. 5,057]

20 hours ago, WandY said:

Emotional abuse is not covered under VAWA.

You are wrong, a person who suffered psychological abuse qualifies for VAWA protection .

 

In  Anastasyia’s case or she is confused or her attorney has no clue about immigration law .VAWA was enacted in 1994 allowing  people without green card and abused to file form l360. 
 

The extreme cruelty Law used in cases of  l751 waiver  was enacted in 1986 and had amendments  in 1990  and 1994 introducing the waiver allowing the immigrant to file the waiver based on extreme cruelty, but it’s not VAWA.

[NikLR 13,232]

13 hours ago, Anastasiya77 said:

Right. Why would  people then hire an attorney in the first place, if they have to know everything that relates to the case anyway. At that point I am as much in control as you are when you come to a dentist's office, he places a filling for you. Then down the road it turns out that filling was placed improperly and it ruined your tooth, what would you say then? If I knew all the immigration laws, I surely would consciously know pros and cons and act accordingly. Why would I need an attorney in the first place? 

If  dentist puts a wrong filling in I make them fix it.  But I also okay the filling with a signature and full knowledge of what will happen before the filling is done.  I know which tooth and what kind of filling.

Lawyers are the same.  They can fill out paperwork and give suggestions but in the end you need to sign the paperwork. Take control of your life.  Read a book called codependent no more.  Learn your responsibilities and figure this out. You can do it. 

[Shiran 1,134]

On 10/6/2019 at 2:53 PM, Anastasiya77 said:

Everything that was filed and how it was filed was under my lawyer's decision and control.

You might want to look into form https://www.uscis.gov/forms/filing-your-form-g-28 which should allow you to regain control of the case. 

You shouldn't need infopass to change address, but the way info pass done currently (this is a change from what procedure used to be) is by calling USCIS first then explaining why you need in person appointment, then if they agree, they will make one for you on the phone, but typically this is a painful and very hit and miss process. 

[Anastasiya77 0]

17 minutes ago, Shiran said:

You might want to look into form https://www.uscis.gov/forms/filing-your-form-g-28 which should allow you to regain control of the case. 

You shouldn't need infopass to change address, but the way info pass done currently (this is a change from what procedure used to be) is by calling USCIS first then explaining why you need in person appointment, then if they agree, they will make one for you on the phone, but typically this is a painful and very hit and miss process. 

Thank you. Yes, I know about the new Info Pass system. It's a little frustrating to use it first time, but in the end- it's not that bad.

And yes, I got an idea how to do address change. And I'll follow the link you provided.