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Country: Ireland
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Update especially for Dallas folks. My aos status just transitioned to Testing and interview. Not sure i heard of this status before. Previous status was transferred to NBC. Dunno if this means interview is scheduled or if I just got in line. Best wishes to all!! Lets keep holding up with the wait.

 

Vawa RD: Feb 2018

Vawa Approval: July 2019

i-485 RD: Late Oct 2019

Field office: Dallas

 

 

 

Edited by Ryan H
Reason for edit: to remove attachment containing personal information
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1 hour ago, Villanelle said:

Have you previously submitted their birth certificates? If so it probably wont be an issue. The notice you get about what to bring to the interview contains various things, some of which they already have. Its a standard notice. Keep trying to get the copies. If you do not have them you MUST still go to the interview. If the Officer asks for them you can explain why you do not have them. If they were previously submitted let them know that. You can also bring whatever proof you have of your attempts to get them (emails or letters from your country saying they can not do this right now due to the pandemic or whatever it said). The Officer will decide if they need the birth certificates from you or not. If they do require them they will give you an RFE for you to submit them after the interview. That will give you an additional 87 days to get them. If at that point you still dont have them the case will be denied.  You must respond to the RFE though even if you dont have them to submit. Explain in it what the situation is and request that if they deny you to not send you to removal proceedings because you are in the process still of trying to obtain them.

 

Once its denied you could either refile the 485 or file a motion to reopen the denied 485 along with the birth certificates. Technically they can deny the motion because in reality you did fail to respond to the RFE with the documents they asked for, but from my observations and understanding of this they most likely would approve the motion. USCIS is not entirely heartless. They do not want you to have to go through the whole 485 process again. Its more stress for you and more work for them. They routinely approve motions to reopen when they dont technically have to. Your motion to reopen would go to the office that denied you and they will see in your file everything that happened. That you told them in the interview of your struggles to get the birth certificates, that you responded to the RFE again explaining the issue with getting the birth certificates due to the pandemic and now you have them so they will most likely approve your motion and reopen the case and process the approval. 

Thanks for this detailed information.

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Hello everyone, 

My i360 approved before pandemic ,but I just found out that It was never transferred from Vermont . They state that the case is going through security check and not ready for a decision for i485? Is it the background check? Do you know how long approx it can take ? @sandranj do you know what the cause of such delay . I read in the previous parts that security check can take up to 2 years . Is it the same one as the background check ? Thank you so much for your time everyone 

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2 hours ago, Villanelle said:

@Villanelle this was very helpful. Thank you for your contribution 💜 

 

Here are two questions in case you can help me fully understand this situation:

 

Do NOT file a writ of mandamus. Usually the attny will first file a notice of intent to file a writ of mandamus and hope it causes USCIS to adjudicate your case. If that doesnt work or alternately they skip that part and just directly file the writ of mandamus- the writ of mandamus is basically the court forcing USCIS to make a decision right now. You may not be approved because when they have to make the decision right now they will do so with the information they currently have and they may very well decide to deny you. The writ of mandamus would be for my AOS case. During my initial AOS interview, the officer mentioned that all docs were in order but he needed to put the case on hold to wait for Vawa approval. Vawa was approved on November 2019, no RFE needed. In other words, nothing indicates they will need additional information at this point, other than the medical exam. Does this make sense and changes your suggestion as to not file a writ?

 

It can also be confusing when looking at priority dates and case processing times with VAWA. Once your 360 is approved it goes to NBC and then NBC sends it to the local office. So if NBC sent your case to the local office Jan 2020 then you need to view the case processing times according to that and not the date the 485 was originally filed (March 2017). The local office processing times shows they are working on July 2018 cases. Your case didnt get to them until Jan 2020. Does that all make sense? Your case is not processed at the local office based on the priority date but rather the date they got it. For VAWA petitioners this is after the 360 was approved and the 485 is sent to them. 

 

I got a case update on May 2020 saying "we have cancelled your interview". Later, on August 2020, another case update saying "we sent you a duplicate notice.... your case is located at our National Benefits Center location". All later inquiries made through senator return with a letter that says "she is in queue awaiting for interview", and the letters are signed by an officer from "USCIS Miami Office". So my question is: where is my case? and what is my new priority date?

 

THANKS A LOT @Villanelle

 

 

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3 hours ago, Pinkrlion said:

They can request documents that they filed, but your personal information will be redacted.  

I actually requested my entire A file via FOIA and my entire VAWA was in there mostly unredacted. Out of like 300 pages from the VAWA only like 7 were reacted.

 

4 hours ago, Blunt said:

So you married after you were placed on removal proceeding ?

Yeah, had an in absentia order from back in 2004.

Contradictions without citations only make you look dumb.

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Filed: IR-4 Country: Norway
Timeline
5 minutes ago, Demise said:

 

I actually requested my entire A file via FOIA and my entire VAWA was in there mostly unredacted. Out of like 300 pages from the VAWA only like 7 were reacted.

 

Yeah, had an in absentia order from back in 2004.

Please am so sorry for asking too many questions ,what’s the meaning of absentia order ?

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1 minute ago, Blunt said:

Please am so sorry for asking too many questions ,what’s the meaning of absentia order ?

It basically means that I didn't show up to court. Though in my defense I was 11 at the time and resided in the other side of the country from the immigration court. I had the proceedings reopened back in 2017 (because I didn't get the notice, it was returned as undeliverable) and then administratively closed.

Contradictions without citations only make you look dumb.

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Filed: IR-4 Country: Norway
Timeline
6 minutes ago, Demise said:

It basically means that I didn't show up to court. Though in my defense I was 11 at the time and resided in the other side of the country from the immigration court. I had the proceedings reopened back in 2017 (because I didn't get the notice, it was returned as undeliverable) and then administratively closed.

Wow you are so lucky !!  This vawa is a life safer and humanity to people !!! May God bless us that we are looking forward to have our own case approved 

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Filed: AOS (pnd) Country: Jamaica
Timeline

Good afternoon my Vawa family. , I do hope all is keeping well and safe., I am also seeing a lot of us getting approval., for those not yet. Keep the faith it is coming..

Can someone help me here., I have filed my C31 renewal May 19.2020 August I checked my case  and expedited request was denied. , I did not request expedition...anyway I left it at that.,

Now today I checked again just to see that today they denied an expedite request. ..again...Please can someone tell me if they ever being denied twice (2) for a request they never made...

@Stillwinning!!!😊

 

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