VAWA, Part 19

[Engineering-rocks 212]

7 minutes ago, Stillwinning!!!😊 said:

You lawyer clearly wanted money that's why he didn't tell you. Anyway the one which is no longer active will be denied..or you can ask to close it. Make sure all address change is updated with USCIS as they are the CEO of messy! You already know which i485 is linked to your VAWA!👍

So you think I should close it or just let it be? Cause I'm thinking what if they invite me to the NYC interview before Houston does, and I could just show up with an approved VAWA petition? Idk if it works legally to do that, since that petition was never requested to be changed to VAWA-based

[Stillwinning!!!😊 4,570]

9 minutes ago, Engineering-rocks said:

So you think I should close it or just let it be? Cause I'm thinking what if they invite me to the NYC interview before Houston does, and I could just show up with an approved VAWA petition? Idk if it works legally to do that, since that petition was never requested to be changed to VAWA-based

They will not request for it to be changed. You do the instruction. Your lawyer knows it should have been withdrawn and before that..he was supposed to link it to your i360..would have saved you money and this headache..ask him to close it.💁

[Sandra G. 5,048]

7 hours 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?

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.

 

 

 

Edited August 27, 2020 by sandranj

[Engineering-rocks 212]

20 minutes ago, Stillwinning!!!😊 said:

They will not request for it to be changed. You do the instruction. Your lawyer knows it should have been withdrawn and before that..he was supposed to link it to your i360..would have saved you money and this headache..ask him to close it.💁

Thanks for the advice! Unfortunately, my lawyer passed away a couple of year ago, so that's why I've been mostly relying on this forum for the process.

[Stillwinning!!!😊 4,570]

2 minutes ago, Engineering-rocks said:

Thanks for the advice! Unfortunately, my lawyer passed away a couple of year ago, so that's why I've been mostly relying on this forum for the process.

Oh dear. Sorry about that..well thank God for Sandra here. A light in the dark. Hopefully she says something too.👍

[relenless123 0]

2 hours ago, Villanelle said:

You always go to scheduled interviews. Even if you think its an error you show up. If you dont your case can be closed for failing to appear. 

 

For the 485- was it submitted with the 360 or was it from a 130/485 filing originally with your spouse that you are transferring to use with your 360? It can be kind of confusing when you already have a 485 pending. You will see in the forums a lot of talk about 'holding the 485' or 'transferring the 485 to the 360". The thing is when you file the 130/485 it starts the ball rolling. USCIS gives it a case number and it goes into a processing status. You then file the 360. That gets its own case number and gets processed. They can not attach your 485 to the 360 until the 360 is approved. You can ask for the pending 485 to be held until the 360 is approved and then they can attach it to the 360 file. So until the 360 is approved your pending 485 is just that- pending. They can place it in a hold status or they can continue to move forward with it.  Seems like they are moving forward with it. Thats ok. If you previously asked for it to be held then it seems its no longer being held (maybe the denial of the 360 triggered the system to stop holding it?) Regardless you would go to the interview and ask for it to be held again until the 360 is approved. Make sure to bring any paperwork you have on the 360 appeal to show that its pending. 

I filed both I360, I485 and I765 together. I received a notice after I appealed for the VAWA that my case was transferred from Vermont to the my local office. and a month after I got an approval of my I485 and now I have an interview in two weeks. '

 

My theory is, maybe AAO approved the VAWA and didn't send a notice. I dont know if that's a possibility. But I will still attend the interview 

[Tatsi0830 23]

1 hour ago, Demise said:

For I-360 yes, next thing you'll get is the prima facie notice.

 

Regarding I-485/I-765/I-131 you'll either get the receipt notices for them or they'll get rejected and sent back to you. All depends on whether or not USCIS grants you the fee waiver.

Thank you! Omg I hope it gets granted. Hope I'll find out soon

 

1 hour ago, neimovirna said:

If everything looks good for them at a first glance, then yes, next is Prima Facie

Thank you! I really hope it does 🤞

 

1 hour ago, Stillwinning!!!😊 said:

This is not unusual since i360 is a seperate petition..anyway not everyone gets prima facie..you can get it though it all depends on the officer handling your case..prima facie doesn't promise approval..it's mainly for you to get benefits while they dig deeper into your claims..👍😊

Oh I thought prima facie is needed in order for them to issue ead and travel doc. I don't even know anything about benefits

 

1 hour ago, Risen said:

Pls how long did you take before getting the recipt?

I filed at the end of July and they recieved all my forms on July 27. They issued the receipt notice for i-360 on  August 17th and my attorney got it in the mail on August 24, and sent a copy today, So shortly, almost a month. Have you filed recently?

[Formykid 77]

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 🙏

[Risen 88]

2 minutes 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 🙏

August 10.

[Stillwinning!!!😊 4,570]

9 minutes 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 🙏

You definitely can..use a government issued i.d card. Your DL is cool.👍

[Formykid 77]

3 minutes ago, Stillwinning!!!😊 said:

You definitely can..use a government issued i.d card. Your DL is cool.👍

Thank you 🙏🙏🙏🙏🙏🙏

[Stillwinning!!!😊 4,570]

35 minutes ago, Tatsi0830 said:

Oh I thought prima facie is needed in order for them to issue ead and travel doc. I don't even know anything about benefits

Not at all. If you applied for C9 EAD based on a pending I485, you'll be getting it separately..you do not need prima facie to qualify for that..same with the travel authorization doc. The C31 EAD only comes when your i360 petition is approved.👍 

[Patientlyawaiting 32]

2 hours ago, Stillwinning!!!😊 said:

You lawyer clearly wanted money that's why he didn't tell you. Anyway the one which is no longer active will be denied..or you can ask to close it. Make sure all address change is updated with USCIS as they are the CEO of messy! You already know which i485 is linked to your VAWA!👍

Same happened to me. I have two I-485 pending as well. Waiting to see what happens at the interview. My lawyer charged me his fee each time he filed those. Money hungry Lawyers, those are. Sandra mentioned I will be fine. The office will just denied one at the interview. I guess it will be the first one. Good luck.

[Sandra G. 5,048]

2 hours ago, Engineering-rocks said:

Hey everyone, need your advice, please! In 2016 I applied for marriage-based I485, and then in 2017 I filed for VAWA. My lawyer didn't know/tell me that we can reuse old I485, so we just filed and paid for the new one. On the marriage-based case I was invited to interview right before I filed for VAWA (October 2017), I sent a letter to reschedule, and haven't heard anything about that case since. Now my congressman was inquiring about my Vawa-based I485 (which is in NBC, VAWA approved January 2020), and they sent her an email with the receipt number of my marriage-based I485 saying it is being transferred from NBC to New York field office. I moved from NYC to Houston a year ago, and this is where my VAWA correspondence has been coming, but since I sort of abandoned that marriage case, I did not change my address there. What should I do? Looks like USCIS smashed 2 cases in 1, because in emails they use marriage-based I485 receipt, but call it VAWA, protected class etc.. Should I file to close that petition? How do I do that? Thank you and good luck to everyone waiting!!!

You should go to the interview and explain  the mess  your attorney made in your case. I don't believe they will use the old I-485 because you don't live in NYC anymore.

 

I remember one case posted here about one guy that he moved from NYC to Philadelphia. He filed two I-485. They set up the interview regarding the first I-485, he went to the interview but  the officer said he could not adjudicate his case because he was not living in NYC.

Edited August 27, 2020 by sandranj

[Stillwinning!!!😊 4,570]

21 minutes ago, Patientlyawaiting said:

Same happened to me. I have two I-485 pending as well. Waiting to see what happens at the interview. My lawyer charged me his fee each time he filed those. Money hungry Lawyers, those are. Sandra mentioned I will be fine. The office will just denied one at the interview. I guess it will be the first one. Good luck.

Yeah sadly that's what these legal vultures are about now..the mulah!💰 yeah y'all will be okay..just money lost but keep your eyes on the prize!🏆💁