VAWA, Part 20

[Stillwinning!!!😊 4,570]

1 hour ago, Makanaki said:

Tears of joy streaming down my eyes right now! My daughter's EAD was approved! Just saw it now. I have shared the weird process we've been through on other threads - denied I-485 erroneously, over 1 year of waiting. I took the bold step of writing them a letter few weeks back that they denied my daughter's I-485 erroneously and for them to reopen, and just today I saw this notification! Ladies and gentlemen, sometimes we just have to take the bold step and take out all fear! Once again I appreciate all of you, reading all your posts is a huge pillar for me through this journey 

Congratulations darling..I rejoice with you and your child!😀💫🌟✨💫🌟✨Awesome God!🙏

[Stillwinning!!!😊 4,570]

3 hours ago, Apolo said:

Good evening VJ Family of someone is knowledgeable about statue of limitation and vawa refiling please advice.

 

My question is; I got my VAWA finally got approved in 2019 and i got divorced  in 2019, so far i still have no interview  schedule so i'm worried of what may happen and if my AOS gets denied for some reason i wont be able to refile since you can only file vawa 2 years after marriage. can someone please advise if i don't get my interview by february 2020 can i still refile or what are my options? 

Dear Apolo, your i485 will be approved..there's no reason why it shouldn't be hon. Do you need me to tell you that daily? Have no fear..you're not a criminal..do not have admissibility issues..you will be just fine! Away with the negative thoughts..you're getting your greencard sweety!😊😘🙏

[Dordor1 47]

1 hour ago, Makanaki said:

Tears of joy streaming down my eyes right now! My daughter's EAD was approved! Just saw it now. I have shared the weird process we've been through on other threads - denied I-485 erroneously, over 1 year of waiting. I took the bold step of writing them a letter few weeks back that they denied my daughter's I-485 erroneously and for them to reopen, and just today I saw this notification! Ladies and gentlemen, sometimes we just have to take the bold step and take out all fear! Once again I appreciate all of you, reading all your posts is a huge pillar for me through this journey 

Congratulations 🍾🎊. I love great news like these

[Villanelle 4,122]

4 hours ago, Demise said:

She made a claim that looks wrong, I cited things that contradict it, both in INA and in the AFM which is basically the procedure book, this is the thing that your drone at USCIS would reference when met with an unusual situation. If there's things that override what I said (i.e. you gotta prove connection between EWI/Overstay to get an exemption from the 10 year bar), then I would like to see them because maybe I am wrong. In fact I would love to be proved wrong.

 

I know that Sara is basically the VAWA guru over here and I am essentially committing sacrilege by going "no, that doesn't seem right", but at the same time I firmly believe that whatever advice you give shouldn't leave the recipient of said advice worse off. Lets say that DeadliftingDad leaves and stays in Canada until I-360 approval and then Dept of State denies them cause of the 10 year ban, now what.

Review the 601 instructions. I think its around page 15 or so that explains in detail.

[Demise 1,275]

1 minute ago, Villanelle said:

Review the 601 instructions. I think its around page 15 or so that explains in detail.

Quote

 

NOTE: You do not need to file Form I-601 if you are an approved VAWA self-petitioner (or that person’s child) and inadmissible under INA section 212(a)(9)(B)(i) (3-year or 10-year bar to admission). You may be exempt from this inadmissibility if you, the approved VAWA self-petitioner or your child, can establish a substantial connection between the battery or extreme cruelty that is the basis for your VAWA claim and the violation of your prior nonimmigrant admission. You must submit evidence of the substantial connection with your Form I-485, Application to Register Permanent Residence or Adjust Status, or your immigrant visa application.

If you cannot establish a substantial connection, but meet the requirements for the waiver of INA section 212(a)(9)(B)(i), you may file Form I-601. The waiver may be granted if your qualifying U.S. citizen or lawful permanent resident relative (spouse or parent) would experience extreme hardship if you were denied admission. (emphasis added)

 

 

It collaborates what I wrote, not what Sandra claims, so thanks, I guess?

[Brooklynguy1 155]

Hi VJ family ! Do you know anyone got approved i485  without interview With an EWI class of admission. 
 

[Villanelle 4,122]

2 hours ago, Apolo said:

So from my understanding if i don't get my by the end of the year i wont be able to refile if they deny my AOS  even more that i have to worry now. Thank you for all that information 

You are getting confused and worrying about things you don't need to worry about! VAWA is a process for getting a greencard w/o the support of your abuser. There are several parts to the process.  One part is the 360. That must be filed within 2years of divorce.  You did that. You were approved for the 360. It is incredibly rare for them to go back and rescind the approval.  Another part of the process is filling the 485. That's what you are doing now.  There's no reason for it to be denied, if it is you can refile no problem. 

 

You shouldn't worry about the 360 approval being taken back any more than you should worry about being winning the mega lottery and not knowing how to spend it. 

[onek 306]

37 minutes ago, Dordor1 said:

Congratulations 🍾🎊. I love great news like these

Everyone will soon receive such great news.
Good luck  with your VAWA and annulment nightmare that you are going through now  🍀. This time will pass soon  and you will see a lot of happinesses  

[Stillwinning!!!😊 4,570]

38 minutes ago, Villanelle said:

You are getting confused and worrying about things you don't need to worry about! VAWA is a process for getting a greencard w/o the support of your abuser. There are several parts to the process.  One part is the 360. That must be filed within 2years of divorce.  You did that. You were approved for the 360. It is incredibly rare for them to go back and rescind the approval.  Another part of the process is filling the 485. That's what you are doing now.  There's no reason for it to be denied, if it is you can refile no problem. 

 

You shouldn't worry about the 360 approval being taken back any more than you should worry about being winning the mega lottery and not knowing how to spend it. 

This is just what Apolo needs to hear! Nothing unnecessarily complex and irrelevant! Oh LORD..looks like I'll be leaving this forum..I dislike mental exhaustion! Phew!! Thanks Villanelle you rock! And again thank God for Sandra!🙏😊

[Villanelle 4,122]

31 minutes ago, Demise said:

 

It collaborates what I wrote, not what Sandra claims, so thanks, I guess?

I'm really not sure how to respond here. Sandra explained overstay is not an issue for VAWA petitioners. In what you quoted it explains in more details about the exception. I understand your position that technically it counts and then is excused with the exception- generally on VJ these types of discussions on the exact semantics are embraced. You can find many subforum discussions where people will gladly dive into that- however the VAWA thread is unique.  Users here are very stressed and can be overwhelmed with information on the process so discussions based around semantics are avoided. It's more important for users here to get accurate uncomplicated information and responses. Rarely are statutes quoted or dissected. It's more about giving people the bottom line and for this sandras response that overstay is N/A is correct. 

[LongFlight 2]

Hello everyone. As I mentioned recently my I360 approved recently and I am looking forward for my interview and very excited about it. So my concern is because of the pandemic I wasn't able to work since April and I got unemployment from the state since April. Recently I stop claim it. I heard I485 interview they are asking for last year income which probably will be 2020 tax return since I will have interview earliest next year. I couldn't make enough money to show for income proof. What are my options? Do I need a sponsor or what else? How much income I have to show.  Please give me a detail on that. 

[Just Paul 4,595]

7 minutes ago, LongFlight said:

Hello everyone. As I mentioned recently my I360 approved recently and I am looking forward for my interview and very excited about it. So my concern is because of the pandemic I wasn't able to work since April and I got unemployment from the state since April. Recently I stop claim it. I heard I485 interview they are asking for last year income which probably will be 2020 tax return since I will have interview earliest next year. I couldn't make enough money to show for income proof. What are my options? Do I need a sponsor or what else? How much income I have to show.  Please give me a detail on that. 

Proof of income isn't need for an I-360 adjusting.  And you can continue to receive unemployment if eligible - it is not a public charge - it is a form of insurance.

[Demise 1,275]

22 minutes ago, Villanelle said:

I'm really not sure how to respond here. Sandra explained overstay is not an issue for VAWA petitioners. In what you quoted it explains in more details about the exception. I understand your position that technically it counts and then is excused with the exception- generally on VJ these types of discussions on the exact semantics are embraced. You can find many subforum discussions where people will gladly dive into that- however the VAWA thread is unique.  Users here are very stressed and can be overwhelmed with information on the process so discussions based around semantics are avoided. It's more important for users here to get accurate uncomplicated information and responses. Rarely are statutes quoted or dissected. It's more about giving people the bottom line and for this sandras response that overstay is N/A is correct. 

Our conversation started specifically because I advised someone that they shouldn't leave (they wanted to finish the petition from Canada since their living situation is unstable in US right now), but if they absolutely have to then either they need to prove connection between the abuse and them overstaying, or get an I-601, or maybe wait for AP and take a vacation there (since travel and return on AP doesn't trigger the 10 year bar as per Matter of Arrabally (BIA, 2012)).

 

I am not arguing that unlawful presence is generally a problem for VAWA self petitioners, normally it isn't. Since INA 245(a) exempts them from needing admission/parole, and INA 245(c) exempts them from the bar from AOS under INA 245(c)(2) for overstay and violating status. Then INA 212(a)(9)(B) (the 3 or 10 year re-entry bars) cannot actually kick in unless you leave the US, since most won't, this part of the law is rarely if ever triggered in VAWA cases, this is the same legal reasoning as why people who had AOS applications under INA 245(i) shouldn't have traveled either. If you do travel and trigger it then either you need the VAWA exception (i.e. prove that your overstay was connected to the abuse) or get an I-601.

 

Now Sandra said that "VAWA petitioners DO NOT ACCRUE unlawful presence" (original emphasis) to me and before that "You can file form I-360 VAWA while in Canada. VAWA petitioners  do not accrue unlawful presence ok." to the person in question.

 

Since she did respond to the person in question, there's no excuse that she misread or misunderstood the situation.

Edited September 13, 2020 by Demise

[LongFlight 2]

3 minutes ago, Paul & Mary said:

Proof of income isn't need for an I-360 adjusting.  And you can continue to receive unemployment if eligible - it is not a public charge - it is a form of insurance.

Unbelievable, I am stressing out for income but couldn't find a job to make income for i485 approval because my lawyer office told me they need to see proof of income at least 30k to $40k in order to get a green card. I am so confused

[Stillwinning!!!😊 4,570]

Just now, LongFlight said:

Unbelievable, I am stressing out for income but couldn't find a job to make income for i485 approval because my lawyer office told me they need to see proof of income at least 30k to $40k in order to get a green card. I am so confused

I didn't have to show proof of income..who told you this? VAWA petitioners do not need to prove that. Receiving unemployment will not have an adverse effect on your i485. Stop worrying for nothing!😊👍