VAWA, Part 20

[Stillwinning!!!😊 4,570]

5 hours ago, hopingwgrace said:

Guess what! I just saw my case status change again! USCIS is requesting additional evidence. I wonder what could it be this time?. The previous one for proof of Mental abuse and I sent Psychologist report and a detailed evaluation from another psychologist. 

Well let's wait to see what they want..we're still here to point you in the right direction.😊👍

[Sk1992 73]

Hi everyone.!! Any more approvals from 2019?? August 2019 filler without PF, without work and money. N i have seen the most of you guys have sent psychologist reports. I didn’t send any of that cuz i only had 60 dollars on me around the time i left my husband. I borrowed all the money for my lawyer from one of my cousin. I only have sent one police report and one doctors report after he did hit me once and took me to the doctor later on. Do i still have good chances? 

[Stillwinning!!!😊 4,570]

56 minutes ago, Sk1992 said:

Hi everyone.!! Any more approvals from 2019?? August 2019 filler without PF, without work and money. N i have seen the most of you guys have sent psychologist reports. I didn’t send any of that cuz i only had 60 dollars on me around the time i left my husband. I borrowed all the money for my lawyer from one of my cousin. I only have sent one police report and one doctors report after he did hit me once and took me to the doctor later on. Do i still have good chances? 

If the abuse was physical, then you do not need a psychological evaluation. Looks like your spouse was physically violent to you..in this case, what you submitted might suffice..let's hope they don't ask for more proofs..but if they do..you can get affidavits from from friends and family..even neighbors who were aware of your travails..your own detailed affidavit entailing all you went through as well will help..but hey if you feel you were also emotionally abused, you can get access to a lot of free counselors/therapist to help you out..Google..google and google! You need that healing aside gathering evidence for the petition!😊👍

[Sk1992 73]

2 minutes ago, Stillwinning!!!😊 said:

If the abuse was physical, then you do not need a psychological evaluation. Looks like your spouse was physically violent to you..in this case, what you submitted might suffice..let's hope they don't ask for more proofs..but if they do..you can get affidavits from from friends and family..even neighbors who were aware of your travails..your own detailed affidavit entailing all you went through as well will help..but hey if you feel you were also emotionally abused, you can get access to a lot of free counselors/therapist to help you out..Google..google and google! You need that healing aside gathering evidence for the petition!😊👍

He was abusive in every possible way , his whole family was. Never had any financial help from him , no joint bank accounts no insurances etc. They tried to hide everything from me. Wasn’t allowed to talk to any of my family and friends there will be fights and violence. Was told to have baby as quick as i could , as a surity from my side that I won’t leave him after green card. Will raise his hands on me if i argue over anything. It was a bad dream for six months but m glad i did get out all of this at the earliest i could. Now only looking forward

[Stillwinning!!!😊 4,570]

39 minutes ago, Sk1992 said:

He was abusive in every possible way , his whole family was. Never had any financial help from him , no joint bank accounts no insurances etc. They tried to hide everything from me. Wasn’t allowed to talk to any of my family and friends there will be fights and violence. Was told to have baby as quick as i could , as a surity from my side that I won’t leave him after green card. Will raise his hands on me if i argue over anything. It was a bad dream for six months but m glad i did get out all of this at the earliest i could. Now only looking forward

Well then you can use the suggestions from my earlier response. Pen down a very detailed affidavit..be sure to include all you said above..so if and when uscis comes calling with the famous RFE, you would be all set! You also have the option of sending in the affidavit and any other evidence you can get to prove your case anytime before a final decision is reached on your case..or you can wait to get an RFE..which ever you're comfortable with..you should start seeing a therapist too like I advised!👍

[hopingwgrace 68]

9 hours ago, Stillwinning!!!😊 said:

Well let's wait to see what they want..we're still here to point you in the right direction.😊👍

Thank you @Stillwinning!!!😊  

I guess an RFE is much better than a denial.  

[GreenB 112]

Hey everyone, I have a question... Do we need to file an I-601 for AOS Interview?

 

I was out of status (basically illegal) when I filed my VAWA application. I came here as a student but my marriage was a big mistake obviously. I also worked without work permit before getting my EAD.

 

I-601 .... Application for Waiver of Grounds of Inadmissibility

 

@Stillwinning!!!😊 @sandranj

Edited October 4, 2020 by GreenB

[Stillwinning!!!😊 4,570]

57 minutes ago, GreenB said:

Hey everyone, I have a question... Do we need to file an I-601 for AOS Interview?

 

I was out of status (basically illegal) when I filed my VAWA application. I came here as a student but my marriage was a big mistake obviously. I also worked without work permit before getting my EAD.

 

I-601 .... Application for Waiver of Grounds of Inadmissibility

 

@Stillwinning!!!😊 @sandranj

I don't think so..also unauthorized work is forgiven..read this though..I hope it helps!😊👇👇👇

 

Waivers and Exceptions to Grounds of Inadmissibility for VAWA Applicants

Special waivers are available to people applying for a green card under the Violence Against Women Act (VAWA).

 

 

U.S. immigration officials are allowed to deny a visa, green card or other forms of entry to certain categories of applicants. In immigration terminology, these people are called "inadmissible." For a complete discussion who can be found inadmissible and the possibilities of asking for a waiver (legal forgiveness), see Inadmissibility: When the U.S. Can Keep You Out.

 

However, in addition to the waivers discussed in that article, special waivers are available to people applying for a green card under the Violence Against Women Act (VAWA). This article discusses the special waivers and other exceptions to the rules of inadmissibility available under VAWA.

How VAWA Applicants Avoid Some Bars to Adjustment of Status

For most people who might be green-card eligible, adjustment of status, in which one goes through the entire green card application process within the U.S. and dealing with U.S. Citizenship and Immigration Services (USCIS), is available as an application procedure only under certain conditions. People who are in the U.S. and hope to choose this procedure instead of consular processing in their home country need to have entered the U.S. lawfully after having been inspected and admitted by a U.S. official at an airport, border, or other entry point, and then have maintained lawful status in the United States after that (without overstaying).

This is not true for VAWA applicants, however. They may apply to adjust status regardless of whether they entered without inspection, worked without authorization, or fell out lawful status since their entry into the United States. (See the Immigration and Nationality Act or I.N.A. §§ 245(a) and 245(c).)

How VAWA Applicants Can Overcome Unlawful Presence Ground of Inadmissibility

One of the most common causes of inadmissibility among green card applicants in general is having stayed in the United States unlawfully for six months or more, after either having entered illegally or overstayed a visa, and then departed the United States. This issue is described in Consequences of Unlawful Presence in the U.S.: Three- and Ten-Year Time Bars.

In one of the exceptions within this law, however, you do not accrue unlawful presence at all if your presence in the U.S. can be connected to the abuse you were suffering.

 

 

In addition, VAWA self-petitioners living in the U.S. do not typically need to worry about the unlawful presence ground of inadmissibility because they can typically adjust status (apply for a green card) without departing the U.S. for a consular interview, which is a common trigger to these bars for most other green card applicants.

If you are outside the U.S., you might still be able to claim an exception to the three- and ten-year bar provision in order to be granted an immigrant visa at your consular interview. You will likely have to show a connection between the abuse you suffered and your departure from the United States. Talk to an attorney for a full analysis. (See I.N.A. § 212(b)(9)(iii)(IV).)

[GreenB 112]

22 minutes ago, Stillwinning!!!😊 said:

I don't think so..also unauthorized work is forgiven..read this though..I hope it helps!😊👇👇👇

 

Waivers and Exceptions to Grounds of Inadmissibility for VAWA Applicants

Special waivers are available to people applying for a green card under the Violence Against Women Act (VAWA).

 

 

U.S. immigration officials are allowed to deny a visa, green card or other forms of entry to certain categories of applicants. In immigration terminology, these people are called "inadmissible." For a complete discussion who can be found inadmissible and the possibilities of asking for a waiver (legal forgiveness), see Inadmissibility: When the U.S. Can Keep You Out.

 

However, in addition to the waivers discussed in that article, special waivers are available to people applying for a green card under the Violence Against Women Act (VAWA). This article discusses the special waivers and other exceptions to the rules of inadmissibility available under VAWA.

How VAWA Applicants Avoid Some Bars to Adjustment of Status

For most people who might be green-card eligible, adjustment of status, in which one goes through the entire green card application process within the U.S. and dealing with U.S. Citizenship and Immigration Services (USCIS), is available as an application procedure only under certain conditions. People who are in the U.S. and hope to choose this procedure instead of consular processing in their home country need to have entered the U.S. lawfully after having been inspected and admitted by a U.S. official at an airport, border, or other entry point, and then have maintained lawful status in the United States after that (without overstaying).

This is not true for VAWA applicants, however. They may apply to adjust status regardless of whether they entered without inspection, worked without authorization, or fell out lawful status since their entry into the United States. (See the Immigration and Nationality Act or I.N.A. §§ 245(a) and 245(c).)

How VAWA Applicants Can Overcome Unlawful Presence Ground of Inadmissibility

One of the most common causes of inadmissibility among green card applicants in general is having stayed in the United States unlawfully for six months or more, after either having entered illegally or overstayed a visa, and then departed the United States. This issue is described in Consequences of Unlawful Presence in the U.S.: Three- and Ten-Year Time Bars.

In one of the exceptions within this law, however, you do not accrue unlawful presence at all if your presence in the U.S. can be connected to the abuse you were suffering.

 

 

In addition, VAWA self-petitioners living in the U.S. do not typically need to worry about the unlawful presence ground of inadmissibility because they can typically adjust status (apply for a green card) without departing the U.S. for a consular interview, which is a common trigger to these bars for most other green card applicants.

If you are outside the U.S., you might still be able to claim an exception to the three- and ten-year bar provision in order to be granted an immigrant visa at your consular interview. You will likely have to show a connection between the abuse you suffered and your departure from the United States. Talk to an attorney for a full analysis. (See I.N.A. § 212(b)(9)(iii)(IV).)

Yes I have been reading but couldn't make sure if I  need to fill this form to be waived or are we (VAWA self-petitioners) just waived without filling any forms? @sandranj Sandra can you please clarify this for me??

 

I came to U.S. legally as a student. But after my marriage I became an illegal. My ex husband never applied for my greencard and I overstayed my visa and abuse happened etc.

 

I also worked without work permit before getting my EAD through VAWA.

 

Do I need to fill an I-601 when I go to my AOS interview?

Edited October 4, 2020 by GreenB

[God is a good God 238]

17 hours ago, Sk1992 said:

Hi everyone.!! Any more approvals from 2019?? August 2019 filler without PF, without work and money. N i have seen the most of you guys have sent psychologist reports. I didn’t send any of that cuz i only had 60 dollars on me around the time i left my husband. I borrowed all the money for my lawyer from one of my cousin. I only have sent one police report and one doctors report after he did hit me once and took me to the doctor later on. Do i still have good chances? 

October 2019 filler here. Got PF November 2019. But I'm in removal proceedings coz of asylum. Praying 🙏🙏🙏

[RoundRock 10]

18 hours ago, Sk1992 said:

Hi everyone.!! Any more approvals from 2019?? August 2019 filler without PF, without work and money. N i have seen the most of you guys have sent psychologist reports. I didn’t send any of that cuz i only had 60 dollars on me around the time i left my husband. I borrowed all the money for my lawyer from one of my cousin. I only have sent one police report and one doctors report after he did hit me once and took me to the doctor later on. Do i still have good chances? 

Just out of curiosity, did you fine your i-485 with I-765 (c9) , if so you should have got an EAD by now.

   

[isurvived 98]

On 10/1/2020 at 10:01 PM, isurvived said:

Hi all,

 

I have been stuck here for like 15months. My case was transferred June 2019. I'm loosing full time job opportunities cause of expiring EADs. Most companies require stability in employment authorization. 

 

Any ideas on what to do?

 

 

Hi everyone, my case just went from the status above to the one below. Does this mean anything my case is moving now? I reached out to my congressman 2weeks ago but not heard back. Do you think the inquiry is having an effect? Should I be getting ready for my medical? 

 

 

 

 

[Vawa&U 70]

On 10/2/2020 at 12:37 PM, Stillwinning!!!😊 said:

True! Everything we're saying now in succeeding threads are just reiterating/replicating all that has been said in earlier threads..that's why it's often advised to read previous threads..very helpful. Before I ever made an entrance here, I meticulously read the threads through and through that when I finally joined in, I was answering questions instead of asking them.😊

I completely agree with you guys , as I have misguided by attorney charged me 9000$ for U visa , from U visa forum I have learned that it’s actual Vawa case  so after one year I filled vawa with different attorney. I still don’t know why these attorney do such things . Thanks to sandraj and still winning and many more who gives you fair information on visa journey.

[Engineering-rocks 212]

On 10/1/2020 at 12:10 PM, Apolo said:

Thank you @Engineering-rocks and do you mean NOID 

You're welcome. I meant Notice of Interview, I wouldn't wish NOID on my worst enemy lol...

 

[Ylx 81]

Hi family! Hope everybody is doing ok and more approvals in our way!

I have a question I live in California I already have my EAD C31 and due on march 2021 and right now im preparing my stuff for the renewal ( also know there is a delay from USCIS on deliver the renewal cards), I'm looking for have my driver license ( btw im 40 and never had driver before so will be interesting the driving school), so as in california we have the AB60 law ( allow illegal aliens to have a DL)  Im wandering if I can apply under that law because if I use my EAD as a proof of legal document my DL will be valid only until my EAD Expire... What you guys recommend ? THX