VAWA, Part 19

[i-need-help-pls 72]

2 minutes ago, Demise said:

I faxed the release form over.

Okay, Thanks.  

[TexasVAWA 60]

9 hours ago, Modu said:

@TexasVAWA Thanks dear you are very sweet, I actually didn’t wait to get the yellow letter, I did new medicals and sent the medical to NBC already since I knew they have my A File with them , my medicals from 2017 was expired already.... 

you may have chances of Approval with interview becos of the pandemic 

 

Yes.  I agree if they want they can make some exception for this pandemic . There is a chance. 

[TexasVAWA 60]

9 hours ago, Stillwinning!!!😊 said:

Also sending i693 doesn't mean you will be approved without being interviewed. There's someone here who got a response from USCIS that their case needs an interview! So it's not a matter of sending it out to evade interview..like I said you can try it out..💁

You made the reasonable points . I don't wanna try for this now as it's gonna be same for me if I get a GC right now or later after 6 months. On top of it,   it's been stated clearly not to send that . If there is a person who did this before , then I would try .  That's what I was trying to figure out . 

[Shroy123 749]

5 hours ago, MGJ_NY said:

HI Everyone! September 2018 (NYC) filer here, still no updates  Last update was on Dec 2018, which stated that they received my RFE. I emailed my Senator the other day but their response was my "case was still within normal processing time", which I don't agree with since the website says it's already processing cases filed in October 2018. I'll be calling my district representative tomorrow and see if they could help. Any advice?

I see mid 2019 approvals. Contact your congress person again

[Modu 256]

3 hours ago, TexasVAWA said:

You made the reasonable points . I don't wanna try for this now as it's gonna be same for me if I get a GC right now or later after 6 months. On top of it,   it's been stated clearly not to send that . If there is a person who did this before , then I would try .  That's what I was trying to figure out . 

@TexasVAWA hahahahaha you very funny dear... stay safe 

[Sandra G. 5,048]

On 8/26/2020 at 6:09 AM, God is a good God said:

Do you mean I file 2 cases of form i485 with court and with USCIS? Is it allowed to have 2 cases of i485 pending both at the same time? In case I get a admin closure before i360 is approved, am I going to still be able to get a EAD based on asylum ? Sorry for many questions @sandranj @Demise

Once your I-360 is approved, you can ask the Court to terminate your removal proceedings and then file form  I-485 with the USCIS.

[Sandra G. 5,048]

20 hours ago, mazi said:

good morning all, I have a question, after vawa approval notice is received, where do i send my i485 application? Vermont? was speaking to my  attorney assistant who does the filing he said he will send it to NBC. Told him I am not sure that is correct. @Stillwinning!!!😊 @sandranj and any other person that can help me answer this. I will greatly appreciate it.

secondly will the money order for the fee be separated? 1-$1000 and the balance on a separate money order? I have never done it before so pardon my ignorance Thank you and I do hope you all have a great day

Clearly your attorney's assistant doesn't know anything about VAWA.You must submit the I-485 to Vermont.Submit 2 checks one of $1000 and another one of $225.if you can't ay USCIS fees file form I-912.

[Sandra G. 5,048]

 

9 hours ago, Hritik Rohail said:

If I 're you, I took it  as a financial abuse by spouse and write a paragraph in my personal statement.

It will not affect your VAWA case.

[Rcpc 0]

18 minutes ago, sandranj said:

Once your I-360 is approved, you can ask the Court to terminate your removal proceedings and then file form  I-485 with the USCIS.

Hi @sandranj

How about for deportation in absence and the person departed and came back to US after the deportation? Works the same way? Another question, my lawyer filled 360 and 485 together, is that a problem?

[Demise 1,291]

1 hour ago, Rcpc said:

Hi @sandranj

How about for deportation in absence and the person departed and came back to US after the deportation? Works the same way? Another question, my lawyer filled 360 and 485 together, is that a problem?

Came back legally or illegally, and when?

Edited August 27, 2020 by Demise

[Rcpc 0]

6 minutes ago, Demise said:

Came back legally or illegally, and when?

Illegally. Deportation in absence in 2005, departed the us in 2009, came back in 2012

[Demise 1,291]

15 minutes ago, Rcpc said:

Illegally. Deportation in absence in 2005, departed the us in 2009, came back in 2012

Well that's a god damn problem because you need a waiver. Illegal re-entry after removal or 1+ year of unlawful presence triggers a bar under INA 212(a)(9)(C), that's a permanent bar that can generally only be waived by leaving and waiting outside of US for 10 years, VAWA self-petitioners can also get it if they can demonstrate that there is connection between the battery/extreme cruelty by their abuser and their deportation or unlawful re-entry. So you kinda have to draw a dotted line that you re-entered because the abuser made you re-enter. If you can do it, file I-601.

 

If you can't do that then you'll never get AOS. What you should be doing instead is get the proceedings reopened and seek a VAWA Cancellation of Removal (form EOIR-42B). The 212(a)(9)(C) ban doesn't preclude you from that. You have to demonstrate that you lived in US for at least 3 years (getting the NTA doesn't stop the "clock" like it does for normal COR), that you're of good moral character in the past 3 years, the normal VAWA parts that you were subjected to battery or/and extreme cruelty, and that your removal from US would cause you or your child or parent extreme hardship.

 

COR tends to be a pretty long and difficult process. There is a quota of 4000/yr and you share it with non-VAWA applicants. Estimated current wait time is around 4 years. In the meantime while the EOIR-42B is pending you can get an EAD under category C10.

Edited August 27, 2020 by Demise

[balo101 669]

team just a quick silly question.

 Can we travel with advance parole with pending vawa and pending i-485? 

[Demise 1,291]

4 minutes ago, balo101 said:

team just a quick silly question.

 Can we travel with advance parole with pending vawa and pending i-485? 

Yeah. Though these days the biggest problem is all the travel restrictions and AP alone doesn't really make you exempt, meaning that if you travel to somewhere that's under travel restrictions (like the Schengen Area) then you will most likely need to self-quarantine for 14 days in a non-restricted country.

[relenless123 0]

Hi Guys,

 

I appealed for my previously denied I360 in January 2020. I haven't received a noticed that says it's been approved yet but my I485 has been approved and I got a notice to appear for an interview and testing. 

 

My question is, without any notice of approval for my VAWA, should I still go for the interview? Because they might ask for an approval notice. Please someone answer me. '

 

Thank you!