VAWA, Part 19

[DeadliftingDad 3]

Quick question:

 

I'm in the process of filing my I-360, which will replace my I-130.  I also have moved out from my husband's place and crashing with a friend.  However, I'm realizing this isn't the best spot for me either.  I emailed my lawyer asking if there was anyway I can be in my home country my I-360 is being processed, and she said yes.  However, there wasn't much more details about it.  She says we can talk about it on Monday, when we have our meeting.

 

Does anyone know how this is possible.  Would it be through my AP? 

[Engineering-rocks 212]

25 minutes ago, DeadliftingDad said:

Quick question:

 

I'm in the process of filing my I-360, which will replace my I-130.  I also have moved out from my husband's place and crashing with a friend.  However, I'm realizing this isn't the best spot for me either.  I emailed my lawyer asking if there was anyway I can be in my home country my I-360 is being processed, and she said yes.  However, there wasn't much more details about it.  She says we can talk about it on Monday, when we have our meeting.

 

Does anyone know how this is possible.  Would it be through my AP? 

Don't take it as a legal advice, but I believe the following: if you apply for I360 and receive I360-based advance parole (EAC receipt number) you can VISIT your home country, but only for short vacation type of trips. Even for green card holders there's a rule that they have to be in the US at least 6 months a year, so for AP those rules must be even more strict.

[Rcpc 0]

3 hours ago, sandranj said:

You received an order of removal in absentia, left and reentered unlawfully  in the U.S then you are subject to the permanent bar under § 212(a)(9)(C).You will need to file  a waiver to overcome the inadmissibility , but the waiver will be approved just if you can prove a connection between the abuse suffered, your departure and reentry.You are in a bad situation.If your attorney never told you this then find an attorney who knows about VAWA.

 

 

 

When we started the case he just told me that after 360 approved he will reopen my case and close it so the Uscis  can process the 485. Please @sandranj I need you help, what are my options if I can’t prove the connection between the abuse and re-enter?

[SamIAm876 104]

Hey guys so I tried doing a inquiry online because my VAWA was approved in April and then nothing about the I-485. No transfer notice or anything. So I received this letter and I realized the letterhead is from the NY field office so I’m wondering if that means my case was actually transferred even though I didn’t get a update 🤔

[Stillwinning!!!😊 4,570]

8 minutes ago, SamIAm876 said:

Hey guys so I tried doing a inquiry online because my VAWA was approved in April and then nothing about the I-485. No transfer notice or anything. So I received this letter and I realized the letterhead is from the NY field office so I’m wondering if that means my case was actually transferred even though I didn’t get a update 🤔

It's possible that your case was transferred without you getting any update..It's very common here..I can't say categorically if the address on this letter translates to your case being at the N.Y. field office but I believe your case has been moved from VSC to NBC at least...and from all indications, It's very possible it's currently at the local office..but the easiest way to know for certain is through your representative.👍

[SamIAm876 104]

10 minutes ago, Stillwinning!!!😊 said:

It's possible that your case was transferred without you getting any update..It's very common here..I can't say categorically if the address on this letter translates to your case being at the N.Y. field office but I believe your case has been moved from VSC to NBC at least...and from all indications, It's very possible it's currently at the local office..but the easiest way to know for certain is through your representative.👍

My representative is of no help. I should have just paid myself and call it a day because I’ve done majority of the work on my own 🙄. I contacted the ombudsman but their processing time as increased along with uscis so I’m waiting to hear from them. Congressman is MIA as always lol. But I’ll figure it out. Thank you! I hope it was transferred though. 

[quistarrok 51]

On 8/24/2020 at 9:01 PM, Stillwinning!!!😊 said:

Those of you receiving courtesy letters or i-693 deficiency notice, congrats, it's a step forward. Next is interview notice. So cheer up beautiful people, your day approaches! You all will win!🙌🙏😊

Thank you @Stillwinning!!!😊

 

may I please ask: when USCIS sends an interview notice to me - will online status of my case on uscis website change / update accordingly? I just want to ensure to know / be aware that uscis sent me the interview notice. Mail letters go to my lawyers office and unfortunately not having complete trust with them.

[Pinkrlion 2,681]

5 hours ago, Shernz89 said:

Hey everyone, I desperately need someone’s help. I have less than a month to file for VAWA, I can’t afford a lawyer but don’t know all I should include in package. 

Why do you have less than a month to file VAWA?  You will need to binge read the VAWA Stream.  There is a website to use:  

 

https://www.ilrc.org/sites/default/files/documents/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

 

[Pinkrlion 2,681]

3 hours ago, Formykid said:

Hi visajourney fam.

Can one travel from a state to another via airports (air plane) please. With a pending I30 or an approved I360?

 

If yes what did you use as ID. Please 🙏

Yes -used my passport

[Stillwinning!!!😊 4,570]

52 minutes ago, ponak98 said:

Thank you @Stillwinning!!!😊

 

may I please ask: when USCIS sends an interview notice to me - will online status of my case on uscis website change / update accordingly? I just want to ensure to know / be aware that uscis sent me the interview notice. Mail letters go to my lawyers office and unfortunately not having complete trust with them.

Yes it will update to interview is scheduled and they'll send you the letter with the date, time and place. Sometimes they don't bother to update! But I monitored mine through my rep. I was the one who told my attorney when they'll be receiving my interview letter..lol. I didn't take any chances..I got a copy of it from my senator. You can do the same..👍

[Stillwinning!!!😊 4,570]

1 hour ago, SamIAm876 said:

My representative is of no help. I should have just paid myself and call it a day because I’ve done majority of the work on my own 🙄. I contacted the ombudsman but their processing time as increased along with uscis so I’m waiting to hear from them. Congressman is MIA as always lol. But I’ll figure it out. Thank you! I hope it was transferred though. 

Lol..got you. But like I said I'm pretty sure it's been transferred already. Just keep monitoring the updates even though they're not so reliable..you know USCIS, they're the CEO of been messy!💁

[shayona 83]

Hello Sandra and  everyone

 

Hope all are safe and doing great. I need quick help, today I received RFE for I-485 based on my approved VAWA. I have submitted my birth certificate with original application but they asked me to resubmit. My attorney says the birth certificate we submitted was late registered therefore they are asking it again. 

 

Actually my dad has lost my original birth certificate long back and it was in my vernacular Indian language, so when I need it  for VAWA and I485 application, per my dad's request  the birth town administrative office have issued it in English with date of issue was the current one 07-18-2018.    

 

Anyone can help me what I can do in this situation to address this RFE issue? My birth town office said they can't issue it again  as they did couple years back. 

I am seriously feeling worried about it. Looking forward for help from you guys. Thanks.... 

[quistarrok 51]

1 hour ago, Stillwinning!!!😊 said:

Yes it will update to interview is scheduled and they'll send you the letter with the date, time and place. Sometimes they don't bother to update! But I monitored mine through my rep. I was the one who told my attorney when they'll be receiving my interview letter..lol. I didn't take any chances..I got a copy of it from my senator. You can do the same..👍

Thank you so much. How much is Congress representative helpful and did he or she call you about upcoming interview? Thanks again. 

[Stillwinning!!!😊 4,570]

2 minutes ago, ponak98 said:

Thank you so much. How much is Congress representative helpful and did he or she call you about upcoming interview? Thanks again. 

For me, my rep was very helpful. USCIS sent her a copy of my interview letter a month before my interview. You should press them frequently if you must keep tabs on your case progress.👍

[Demise 1,237]

4 hours ago, DeadliftingDad said:

Quick question:

 

I'm in the process of filing my I-360, which will replace my I-130.  I also have moved out from my husband's place and crashing with a friend.  However, I'm realizing this isn't the best spot for me either.  I emailed my lawyer asking if there was anyway I can be in my home country my I-360 is being processed, and she said yes.  However, there wasn't much more details about it.  She says we can talk about it on Monday, when we have our meeting.

 

Does anyone know how this is possible.  Would it be through my AP? 

It is possible but it depends on your specific circumstances. If you do not have 180 days or more of unlawful presence then you can leave, wait for approval abroad, and do consular processing, get your IB1 immigrant visa, and return to US.

If you do have unlawful presence that would get you banned from re-entry then it's best you stay in US for the time being. Like, you can get around the bar without needing a waiver, but you basically have to prove that you overstaying your visa or entering unlawfully was somehow connected to the abuse.

1 hour ago, Pinkrlion said:

Why do you have less than a month to file VAWA?  You will need to binge read the VAWA Stream.  There is a website to use:  

 

https://www.ilrc.org/sites/default/files/documents/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

 

2 year divorce deadline I'm guessing.