VAWA, Part 19

[Tumiluv 46]

On 8/6/2020 at 6:46 AM, cindy122808 said:

Congratulations!

Congratulations dear 

[Demise 1,294]

Hey everyone, @onek convinced me to make a how-to guide for VAWA. I figured that I will run a rough outline by people here if you think I should add something. Probably will be a while until I write this damn thing.

 

Intro: What is VAWA

• FAQ section

Part 1: VAWA Adjustment of status

• Eligibility criteria
  • Who can file
    • Differences between abusive USCs and LPRs
    • Time constraints (divorce/death/loss of LPR status by abuser)
    • What can you do if abuser is neither a USC or LPR (U visa)
  • What constitutes abuse
    • Physical
    • Sexual
    • Economic
    • Social
    • Emotional
    • Patterns of behavior
• Eligibility for AOS
  • What doesn't prevent you from AOS
  • What does prevent you from AOS
    • Waivers
    • Availability of COR
• I-360
  • Evidence
    • Evidence of Abuser's USC/LPR status
    • Evidence of Good faith marriage
    • Evidence of Cohabitation
    • Evidence of Abuse
  • Filing process
  • Bona fide notice
  • What to do if you got an RFE/NOID
  • Approval
    • Employment Authorization (C31)
    • Deferred Action
  • Denials (motions to reopen and reconsider, appeal to AAO)
• I-485
  • What documents to include
  • Filing procedures
    • Not in removal proceedings:
      • Concurrent filing
      • Non-concurrent filing
      • Interview
    • In removal proceedings:
      • Motions to reopen (for cases subject to final order)
      • Motions to recalendar (for cases under administrative closure)
      • Motions to terminate (unlikely to succeed in the current administration)
      • Filing I-485 with the court
    • Employment Authorization / Advance Parole (C09P)
  • Approval
    • I-485 approved by USCIS
    • I-485 approved by court
  • Denials
    • Motions to reopen and reconsider
    • Review of I-485 by immigration judge if you end up in removal proceedings

Part 2: VAWA Cancellation of Removal

• Motions to reopen to apply for VAWA COR
• Filing EOIR-42B with the court
  • Eligibility criteria
  • Evidence standard (similar to I-360 + extreme hardship)
  • Yearly quotas for grants of non-LPR COR
  • Employment authorization (C10)
  • Using COR in cases you are not otherwise eligible for AOS
  • What happens if you win the case
  • Appeals (BIA and higher)

Part 3: VAWA Removal of Conditions for Conditional Permanent Residents

• Filing I-751 on your own
• Evidence standard (essentially the same thing as for I-360)
• Combining a VAWA claim with other basis of eligibility

Part 4: Naturalization after VAWA

• Spouses/Children of USCs, either granted VAWA AOS, VAWA COR, or VAWA ROC: 3 years
• Everyone else: 5 years

Edited August 12, 2020 by Demise

[Oskar1234 23]

Does somebody know what kind of inteview on I-485 would be after vawa approved? What kind of questions they ask? How long it takes?

Also,is it possible to get approved I-485 without interview at all?

Thanks

[FirstTimer 93]

22 hours ago, Oskar1234 said:

My case is only I-360. I didn’t apply for I-485 yet. So, after 75 days since I mailed back RFE, I got 3 days ago message “New card is being produced”.
Does somebody knows what is that mean?
I didn’t apply for any card recently, only I-360.
I am so anxiuos what is going on.

Congratulations... Looks like your case is approved.

[AA.Bailey 51]

VAWA Interview Questions

5 minutes ago, Oskar1234 said:

Does somebody know what kind of inteview on I-485 would be after vawa approved? What kind of questions they ask? How long it takes?

Also,is it possible to get approved I-485 without interview at all?

Thanks

biograhpical questions, should be nothing concerning your vawa. I attached questions they'll ask

I-360-I-485-Interview-Guidance.pdf

Edited August 12, 2020 by AA.Bailey

[Sharshar42 208]

On 8/10/2020 at 9:20 PM, vawa1 said:

My time line

vawa apply Feb 2015   . 

Ead received c09  June 2015🦹🦹🦹🦹

vawa approved Aug 2016

2nd Ead April 2016

i 485 Case transferred to local office Nov 2016

Interview on i 458 June 2017 - No decision

Nothing till!!

i 485  Approved Aug 2020- New Card is being produced -

 

That was a long wait wow but thank God. God is great nothing happens before his time congratulations🥳 celebration time🎊💃

[Sharshar42 208]

22 hours ago, Oskar1234 said:

My case is only I-360. I didn’t apply for I-485 yet. So, after 75 days since I mailed back RFE, I got 3 days ago message “New card is being produced”.
Does somebody knows what is that mean?
I didn’t apply for any card recently, only I-360.
I am so anxiuos what is going on.

Congratulations🙏🎈

[AA.Bailey 51]

You know, one quesiton that have been asked once ago and someone needed a response. The question is,

 

What if you have moved on after your marriage (now divorced) and fell in love again with someone new and have a baby with that new person. When the question of do you have any kids is brought up in the AOS interview. Will this affect them? Because the interviewer now has new information that wasn't included in the I-360?

 

 

[Sharshar42 208]

12 hours ago, Islanderk said:

Good day all I decided to check my status and saw this . Also my daughter got her ead and advance parole she's is 9 years old.. I applied for her i485 in January under my vawa, paid the fee and boom it was done she was here with me and over stayed for a while (I was a nerves wreck).. I'm excited and nerves.. it's been a long time coming.. it's been 2 years and 4 months since Catholic charities helped me file by the advise of Sandra who's been the one who encourage me to do it.. she played a major role in me believing I could do this. then I moved out of the state I filed and been representing myself and my daughter ever since.. reading and asking questions here help me with ensuring I crossed my T's and dot my I's. Hopefully all goes well with the interview and we get our green card 🙌🏾

Congratulations🙏🏽

[Sharshar42 208]

13 hours ago, NiceGuyXLE said:

Mid june and they sent me confirmation that they recieved it july 7

I received RFE 12/11/19 send in the request March 4th, they updated the website that it was received on March 5th. July 20th case was approved on the website, I received the approval letter on July 27th and could you believe my approval letter states that my case was approved on March 24th so while I was at home panicking for about 3-4  months my case was already approved, dont worry you will receive your approval soon.

Edited August 12, 2020 by Sharshar42

[Demise 1,294]

20 minutes ago, AA.Bailey said:

You know, one quesiton that have been asked once ago and someone needed a response. The question is,

 

What if you have moved on after your marriage (now divorced) and fell in love again with someone new and have a baby with that new person. When the question of do you have any kids is brought up in the AOS interview. Will this affect them? Because the interviewer now has new information that wasn't included in the I-360?

 

 

The child could cause some questions regarding the timing of the old and new relationships. If it comes out in the wash that you cheated on your former spouse then USCIS might reverify the bona fides of the marriage and issue a NOIR for the I-360.

 

Otherwise, if the kid was conceived some time after your last relationship fell apart then you're set. Nothing in the statute prevents you from dating and banging someone else while I-360 is pending, only marriage can kill a pending I-360, and after an I-360 is approved you're free to remarry.

[dlsimison 0]

My VAWA was approved on February 27th, 2020. And my I-485 status kept showing “At this time USCIS cannot provide you with information for your case. Please contact the USCIS Contact Center at 1-800-375-5283 for additional information.”

I also got the notice requesting a medical exam in April.

Anybody has clues about my case status please let me know. I’m just worried if something was wrong 😔

[Demise 1,294]

1 hour ago, dlsimison said:

My VAWA was approved on February 27th, 2020. And my I-485 status kept showing “At this time USCIS cannot provide you with information for your case. Please contact the USCIS Contact Center at 1-800-375-5283 for additional information.”

I also got the notice requesting a medical exam in April.

Anybody has clues about my case status please let me know. I’m just worried if something was wrong 😔

I had something similar happen with my current DACA renewal, it basically disappeared from the system for like a month and then randomly reappeared. I could get it to show in my uscis account however. Try doing that (make an account if you don't have one already, add paper filed case), this should let you see the most recent action at the very least. My guess is either incompetence of their IT department or some weird bug.

 

Also, do give them a call, for two reasons: one is to ask them to fix it on the website, and two just to ask if there's any updates since you got the courtesy notice or RFE. If you got a courtesy notice then you will eventually get scheduled for an interview once they start fixing the backlogs from COVID. If you got an RFE then the interview has been most likely waived.

Edited August 12, 2020 by Demise

[Sandra G. 5,049]

On 8/10/2020 at 9:20 PM, Demise said:

Anybody know what's the current normal timeframe for USCIS to process an I-360 after an RFE? I got one on Feb 27, 2020 (due May 25, 2020), sent in my response on May 21, 2020, and been sitting around twiddling my thumbs.

Usually they take 60/90 days after receiving the RFE answer to adjudicated the case, but I saw people posting  here they waited  6 months to have the decision after submitting the RFE answer.

[Sandra G. 5,049]

13 hours ago, Klein said:

Good day

Congrats to all the approvals and future approvals🙏😊😍

 

For future reference

Will there be a problem if one is not yet divorced by the time of adjustment of status?

 

I dont know where to start with regards to divorce process but i want to make sure it wont affect my interview in case.

 

Thanks a lot

Stay safe to all of us

God bless always

It's not a problem if you didn't divorce yet.