VAWA, Part 20

[Sandra G. 5,044]

On 9/14/2020 at 6:28 PM, cindy122808 said:

Hello kind people! Today I received my formal approval notice after I already received my c31 EAD a month ago. I do have a question. Is the wording about deferred action normal to the approval?

 

 

Also, my child (minor) is a derivative of my i360 and it said something I have to apply for her separately for deferred action. I am not familiar with this.

 

Please see attached pictures and enlighten me. Thank you all as always.

 

Yes your child has 

 

On 9/14/2020 at 7:56 PM, Stillwinning!!!😊 said:

Hi, the wording so far is not unusual..same was written on my notice save for the derivative part...but from what I deduce(not 100% certain) just a deduction based on the wordings on the notice, the deferred action covers you alone..not sure why..but this doesn't mean your child can not adjust status. You may request this document for your child like the notice suggests or you can let it slide until you get your greencard. Hopefully Sandra elaborates on it.👍

Your derivative (your child) must request deferred action to the USCIS. 

 

 

 

[Pinkrlion 2,714]

1 hour ago, Demise said:

Yikes. If this is how versed you are in the law that you can't tell a difference between adjustment of status and consular processing then may whatever being that runs this universe have mercy on all your clients.

 

Let me ask you a very important question then, under your logic where the 10 year bar and INA 245(c) are somehow one and the same. Do 245(i) applicants not accrue unlawful presence either? Can they just leave and get themselves an immigrant visa abroad? After all, 245(i) is a blanket exception to 245(c) same as the built in VAWA exception.

[Shroy123 749]

2 hours ago, Apolo said:

Good evening VJ Family, i'm sorry for posting this question but i was trying to look up the information online and i was unable to find a real answer.

 

My question is; when i go for my interview when ever that happen can i attend my AOS ( I-485 ) with an expired foreign passport or i have to valid foreign passport? 

 

Thank you ❤️

Hmm i think you need a valid passport. In case they stamp your passport with GC entry 

[cindy122808 134]

26 minutes ago, sandranj said:

Yes your child has 

 

Your derivative (your child) must request deferred action to the USCIS. 

 

 

 

Hi @sandranj even if she has a pending i485? I filed hers with mine before and she did biometrics, too. It was when I filed everything together (the i360, i765, i485). 

[Apolo 314]

2 hours ago, Stillwinning!!!😊 said:

I attended my interview with an expired passport...really doesn't matter. Only if you need the green card stamp (so to speak) on your passport... 👍

Thank you

[quistarrok 51]

Dear Frields...awaiting for my I-485 interview. I-360 approval was in July 2020.

 

Received courtesy letter saying that they miss my medicals In Aug 2020. 

 

Latest status update online for I-485 was: “We received your fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Your case is now properly filed“ AND “fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status have been applied to your case.”

 

Does anyone know what is this “fingerprint fee”? Also - last time I did fingerprints it was like in Fall 2018 (more than 2 years). Are my fingerprints likely expired and I will need to retake them before interview?

[Stillwinning!!!😊 4,570]

3 minutes ago, ponak98 said:

Dear Frields...awaiting for my I-485 interview. I-360 approval was in July 2020.

 

Received courtesy letter saying that they miss my medicals In Aug 2020. 

 

Latest status update online for I-485 was: “We received your fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Your case is now properly filed“ AND “fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status have been applied to your case.”

 

Does anyone know what is this “fingerprint fee”? Also - last time I did fingerprints it was like in Fall 2018 (more than 2 years). Are my fingerprints likely expired and I will need to retake them before interview?

I believe I've read about a similar post earlier..they will be using the prints they have on file..you have no need for biometrics at this time. In my case, the first and last time I did fingerprints was 2017..till my GC was issued it wasn't requested again!💁

[quistarrok 51]

On 9/7/2020 at 9:31 AM, Stillwinning!!!😊 said:

Lots of people were out of status by far longer time even years myself included but as long as you have a pending i485 and the valid travel document..AP you will be fine..the only conditions are that you are not in removal proceedings, and didn't file for asylum..as naturally you're supposed to be fleeing your country to seek refuge in America..so eyebrows and more will be raised if you travel freely to your country and still claiming asylum..kinda contradictory!👍

Thank you. @Stillwinning!!!😊 - I am in similar situation (have C31 and hopefully will get AP renewed) but I filed fo asylum. However, then withdrew it and USCIS confirmed my withdrawal. With this - can I travel back to my home country? 

Back in a day - a lawyer told me to travel back only when get an American passport..

[quistarrok 51]

On 9/7/2020 at 7:29 PM, Stillwinning!!!😊 said:

You can do both as well...I did that..waiting for who gets back to me faster! Turns out my senator had more speed! Like I mentioned earlier, it's different for everyone..I've read somewhere here about someone who didn't have any luck with their senator!💁 spread your options..like I suggested..whatever floats your boat girl.👍😊

@Stillwinning!!!😊 how reaching out to Congressman / Senator might interfere eare with lawyer’ work? Should I notify my lawyer before reaching out to government?

[Stillwinning!!!😊 4,570]

2 minutes ago, ponak98 said:

Thank you. @Stillwinning!!!😊 - I am in similar situation (have C31 and hopefully will get AP renewed) but I filed fo asylum. However, then withdrew it and USCIS confirmed my withdrawal. With this - can I travel back to my home country? 

Back in a day - a lawyer told me to travel back only when get an American passport..

Your statement implies that you do not have a pending asylum petition..so in this instance, you may travel with a valid AP only if you are not in any removal proceedings. Yes back in the day when your lawyer advised to refrain from travel..it was because of the pending asylum petition..which will contradict your claims should you have traveled especially to the country you are supposed to be running from..which is usually your home country! All things being equal you should be fine now.👍

[Stillwinning!!!😊 4,570]

Just now, ponak98 said:

@Stillwinning!!!😊 how reaching out to Congressman / Senator might interfere eare with lawyer’ work? Should I notify my lawyer before reaching out to government?

Reaching out to your reps doesn't in any way or form interfere or hinder your attorneys help whatsoever! Lol..you are just spreading your options..broadening your resources! Go ahead and enlist the help of your rep dear.😊👍

[Stillwinning!!!😊 4,570]

4 minutes ago, ponak98 said:

@Stillwinning!!!😊 how reaching out to Congressman / Senator might interfere eare with lawyer’ work? Should I notify my lawyer before reaching out to government?

You may inform you lawyer out of courtesy..you're not obligated to. The contact is solely you trying to move your case forward..if anything it will help inform both your attorney and yourself as to the status quo of the petition. Your attorney has no reason to be against this move..if they disagree, go ahead.anyway..you don't have to tell them..they wouldn't even find out..😉 I'm not telling if you don't!😀👍

[quistarrok 51]

3 minutes ago, Stillwinning!!!😊 said:

Reaching out to your reps doesn't in any way or form interfere or hinder your attorneys help whatsoever! Lol..you are just spreading your options..broadening your resources! Go ahead and enlist the help of your rep dear.😊👍

Thank you so much @Stillwinning!!!😊 you are the best!!!

 

As for correspondence address if i am asked - should i give congressman / senator my or my attorneys office address? Reason is that my attorney receives USCIS correspondence. 

[Stillwinning!!!😊 4,570]

Just now, ponak98 said:

Thank you so much @Stillwinning!!!😊 you are the best!!!

 

As for correspondence address if i am asked - should i give congressman / senator my or my attorneys office address? Reason is that my attorney receives USCIS correspondence. 

Remember this is between you and your rep. Attorney is not involved. You're basically going to complete a privacy disclosure form..you will put your address..your details..and attach a copy of the NOA for the petition you need help with! For me I put my address and left my attorney out of it..in the end it benefited us both..I soon became the one updating my attorney!😛😀

[quistarrok 51]

3 minutes ago, Stillwinning!!!😊 said:

Remember this is between you and your rep. Attorney is not involved. You're basically going to complete a privacy disclosure form..you will put your address..your details..and attach a copy of the NOA for the petition you need help with! For me I put my address and left my attorney out of it..in the end it benefited us both..I soon became the one updating my attorney!😛😀

Got it  sorry for my ignorance but what is NOA and do i understand 100% correct that i need to reach out to U.S. Congressman and Senator (not State)? Found their websites and believe can fill out request forms there.