VAWA, Part 18

[Sandra G. 5,079]

On 4/29/2020 at 1:07 PM, mdsurvivor said:

Hello sandra i have a question for u in 2016 i applied asylum and then i got married in 2018 but my husband never petitioned me so after all the abuse and everything after his threat of deporting me i decided to apply vawa now can they deny my vawa because i already have asylum case pending will that b a problem in my vawa case because if my vawa is approved i wana go home to see my mom if i widraw my case from asylum n my vawa isn’t approved i will get deported so with all this fear in my mind i decided not to widraw my asylum case n just apply vawa but i m looking for any help from you on this matter plz.

They can't deny the Vawa just because you have an asylum pending.But if they  consider your asylum  "frivolous" they can deny your VAWA petition.  You filed for asylum because you fear for your life in your home Country, then why do you want to  go to your home Country if your VAWA is approved ? just because the VAWA petition is approved doesn't make your Country safe, and the USCIS probably will think your asylum is frivolous.DON'T leave the USCIS before getting the green card.

[mdsurvivor 1]

1 hour ago, sandranj said:

They can't deny the Vawa just because you have an asylum pending.But if they  consider your asylum  "frivolous" they can deny your VAWA petition.  You filed for asylum because you fear for your life in your home Country, then why do you want to  go to your home Country if your VAWA is approved ? just because the VAWA petition is approved doesn't make your Country safe, and the USCIS probably will think your asylum is frivolous.DON'T leave the USCIS before getting the green card.

Thank you so much for the answer actually my mom is sick and i wana go n see her my grandmother passed away i couldn’t go to see her if i widraw my asylum case n just wait for my vawa than can i go on 131 advance payroll? 

[natalysmile 75]

9 hours ago, Touchdsky said:

@TboneTX thank you.  

I have another question...since my I130 and I485 was denied because he withdrew the petition and I did not appear on the date of the interview, he asked me not to appear coz  he will not appear too, I received a denial letter. It also said in the letter that they might forward me for removal proceedings....is there anybody here experience the same way? How long will I know and how will I know if I am on removal proceeding list. 

@villanelle thank you for giving time to answer my question. So I have to print photos and attach to a paper and handwrite captions from the picture? I just wanna make it clear as how I understood.

Do not be afraid! YOU send photos all that you have

I was also afraid a lot and thought what to do or not! I also studied the forum and people helped me here.
I sent several letters when I found new confirmations from my friends and people who helped me.
I could not collect all the information in one step, but now I know that it was received, and there are smart people who understand the documents

[Shroy123 751]

My I485 is with NBC. If I need to change address, should I send a letter to Vermont or NBC?

[Braveheart123 146]

Dear family 

can some one refer to me to a good VAWA attorney in Dallas 

[jack1821 24]

Hey Family, 

 

 

 

 

I hope everybody is doing well during these difficult times !  I just receive my courtesy letter for the medical. What's the next step ?  

[Villanelle 4,122]

12 hours ago, Touchdsky said:

@TboneTX thank you.  

I have another question...since my I130 and I485 was denied because he withdrew the petition and I did not appear on the date of the interview, he asked me not to appear coz  he will not appear too, I received a denial letter. It also said in the letter that they might forward me for removal proceedings....is there anybody here experience the same way? How long will I know and how will I know if I am on removal proceeding list. 

@villanelle thank you for giving time to answer my question. So I have to print photos and attach to a paper and handwrite captions from the picture? I just wanna make it clear as how I understood.

Yes. That is how you would do the photos.

 

For your 485 denial - you want to send a letter asking them to please NOT send you to removal because you are filing for VAWA. Ideally include a copy of your 360 NOA however if you havent filed it yet you should still send a letter advising them you will be filing VAWA and then you can send another request to hold your 485 and not send to removal once you get the NOA for the 360 and include the NOA with it. You want to try to avoid having them send you to removal because if they do it will make your overall process more complicated- but its still very much possible. If your spouse was a USC you will want to include the 485+765+131 with your 360 so you can get an EAD based on it rather then waiting for the EAD based on 360 approval. There is also an 800 number for the court that you can call to check if your denied 485 was sent to them. You can call it every month or so to verify you are not in the system. 

 

 

 

 

[trishytrish 15]

Good afternoon everyone. Does anyone have experience with contacting the ombudsman office? I-360 case is months pass the processing time. I submitted an injury to USCIS, they said they responded, but I haven’t gotten a response in the mail or in my email. Will contacting the ombudsman negatively impact my case? 

[Sandra G. 5,079]

On 5/10/2020 at 12:21 AM, namastenyc said:

Hi everyone,

                      How do I check the priority date on the I-485 application based on Vawa? I filed in August 2017 and it’s been over 2 years and 9 months since i field for I-360/I-765/I-485 applications. I-360 was approved in March 2019 and have work permit too. But, my I-485 application was reopened after an erroneous denial. Should I express my concerns to my Congressman or Senator? I’ve not been able to get any info from my immigration attorney. Her response is I should get it within 6 months. But, my timeline is really off, right? Please share your thoughts and I would love to hear input from

others about what’s considered within vs. outside normal processing times. Thank you. 🙏 

If your spouse is a U.S. Citizen you don' t have a priority date. NYC local office takes over 14/16 months to set up an interview.

[GreenB 113]

18 minutes ago, jack1821 said:

Hey Family, 

 

 

 

 

I hope everybody is doing well during these difficult times !  I just receive my courtesy letter for the medical. What's the next step ?  

Will you share the date when your case was approved? (When you got the notification for “card is being produced” for c31 EAD)

 

I got this notification mid January and got my approval letter in March but no courtesy letter yet.

Edited May 11, 2020 by GreenB

[Villanelle 4,122]

21 hours ago, Apolo said:

Good afternoon VJ family, I hope everyone has an amazing day, and also i wanna say happy Mother's Day to all those moms.

 I wanna ask you something personal and hope you can advise me. How do you deal with anxiety, with the fear of what can happen or with the option of getting your I-485 denied, how do you manage all the unknown and all that fear and even how have you overcome the abuse, i mean im still trying to overcome what happens and move forward but to be honest i don't know what will happen if my I-485 gets denied. I know that i may sound pathetic or stupid but since i have filed in 2015, i have been in a constant battle with everything that i mentioned, and even tho my I-360 got approved and all I'm waiting is my AOS i still have a lot of worries.

Once again i wanna say thank you,  to every single one of you, for your support and guidance and for always being there for each other.

I posted a response about this to someone else with the same concern a page or two back, try to go back and find it. The bottom line is 485 rarely gets denied. The hard part is getting the 360 approval. Unless you have a criminal record or have fake or fraudulent ID documents you dont have anything to worry about with the 485. Are you a drug trafficker? smuggler? terrorist? Of course not! The 485 is simply a form you fill out to have a greencard issued. You have to be eligible to file it- you are eligible, you have an approved 360. They dont go back and re-evaluate your 360. They simply confirm you are eligible (you have an approved 360) and confirm all your ID and background checks. There is no public charge determination for VAWA applicants. So again there has to be a specific reason why you are not eligible to adjust status and it would be a serious thing like you are a criminal or using false ID documents. 

 

Therapy can help with dealing with irrational fears. Cognitive behavioral therapy (CBT) can be helpful. Basically its consciously changing your thought patterns and behaviors. Dialectical behavior therapy (DBT) is a type of cognitive behavioral therapy that can help you deal with stress. Its commonly known as 'mindfulness'. I also personally use EFT -emotional freedom technique which is also known as 'tapping'. Its very quick and easy to do- a combination of breathing and tapping on pressure points. It can help prevent panic attacks. You can find self help on all of the above with google but if you need me to I can PM you some resources. 

[Shroy123 751]

44 minutes ago, jack1821 said:

Hey Family, 

 

 

 

 

I hope everybody is doing well during these difficult times !  I just receive my courtesy letter for the medical. What's the next step ?  

do the medicals. when did your vawa approved? 

[Villanelle 4,122]

21 minutes ago, trishytrish said:

Good afternoon everyone. Does anyone have experience with contacting the ombudsman office? I-360 case is months pass the processing time. I submitted an injury to USCIS, they said they responded, but I haven’t gotten a response in the mail or in my email. Will contacting the ombudsman negatively impact my case? 

It wont. The Ombudsman is better for technical or procedural issues. Your representative (congressman or senator) is better for general inquires on case status. I would reach out to a representative for help with this first because it will be a lot quicker. The Ombudsman can take months of waiting for a reply where the congressman will get back to you in weeks. You will also be able to speak with an actual person at the congressmans office and they will personally follow up with you. They should be able to get a copy of the response you never got and help you getting it moving forward if its stuck. 

[Villanelle 4,122]

1 hour ago, Shroy123 said:

My I485 is with NBC. If I need to change address, should I send a letter to Vermont or NBC?

From my understanding generally when you are NBC you are suppose to change your address with them directly using the 800# or online change of address form however VAWA cases can only change address by writing to Vermont.  I believe your 485 is still considered under the VAWA umbrella of confidentiality requiring address changes to be done on paper with VSC. But I would do both. Send the written to Vermont 100% and attempt to change it with NBC. You can also follow up with your representative to make sure they changed your address. Are you moving far? To a different local office? If so you want to make sure they change your address since NBC needs to send it to the correct local office. Your 485 can only be approved/interviewed in your correct local office. Moving can cause additional time to be added to your process overall if they send it to the wrong local office and it has to be transferred to the correct one so submit it asap.

[Shroy123 751]

43 minutes ago, Villanelle said:

From my understanding generally when you are NBC you are suppose to change your address with them directly using the 800# or online change of address form however VAWA cases can only change address by writing to Vermont.  I believe your 485 is still considered under the VAWA umbrella of confidentiality requiring address changes to be done on paper with VSC. But I would do both. Send the written to Vermont 100% and attempt to change it with NBC. You can also follow up with your representative to make sure they changed your address. Are you moving far? To a different local office? If so you want to make sure they change your address since NBC needs to send it to the correct local office. Your 485 can only be approved/interviewed in your correct local office. Moving can cause additional time to be added to your process overall if they send it to the wrong local office and it has to be transferred to the correct one so submit it asap.

I received RFE for birth certificate on my I485. and they received it that is what my case status is as of now. Since USCIS had a wrong address, I had to go to local field office to get RFE letter and they provided it to me. The officer at USCIS office changed my address on her computer and she also notified me that she changed it into NBC as well when she was obtaining a RFE letter from them for me. I have sent vermont my corrected address many times but still they sent documents to wrong address (PO BOX one digit is missing). We had to work with USPS to get mails. My local office would be same. It's only a digit missing in my attorney's PO Box 

Edited May 11, 2020 by Shroy123