VAWA, Part 21

[TexasVAWA 60]

3 minutes ago, Hritik Rohail said:

I think by refiling I-485 as an approved I-360 petition  will solve your problem . It may delay the AOS but by no means you are debarred permanently.

Retain services of a good and knowledgable attorney too.

Thank you for your response . Yea that's the only thing  I can see as my hope . But it would be really better if I have any option to reopen with any valid ground against the denial notice . Otherwise have to go for the route that you said . 

[lolaB998 128]

1 hour ago, TexasVAWA said:

Hi,

 

I just received the letter of my I-485 denial . I am sharing the screenshots orderly . Also attached the whole denial letter including all the pages in pdf as attachment . Please give me suggestion as I have to do do something sooner within 30 days . 

 

Note: The main issue is I have been in F1 visa til now. Never used EAD card from I-485 or vawa . I have been using  EAD for F1 too. Also I traveled with my f1 visa . I was actually scared to be in unlawful status . 

 

I really don't know what to do . It has been giving me anxiety since I received the notification . I couldn't even sleep properly since then . Please help me what should I do in this situation. 

 

 

 

 

 

  

 

combinepdf.pdf 1.13 MB · 2 downloads

I am so sorry you are so stressed now! I truly hope you can resolve it soon. I am sure Sandra will respond soon. This is very frustrating... These rules are not stated clearly anywhere, how is one supposed to know all these traveling requirements. Anyway, please don't stress yourself. I am sure a good lawyer will help you with it. Also, they say you applied as a beneficiary under your I-465. But when you filed VAWA, didn't you become a petitioner?

[Hritik Rohail 103]

1 minute ago, TexasVAWA said:

Thank you for your response . Yea that's the only thing  I can see as my hope . But it would be really better if I have any option to reopen with any valid ground against the denial notice . Otherwise have to go for the route that you said . 

See the process gonna be much faster after tomorrow confirmation of new DHS secretary by US senate. So hope for the best, man it is delayed not denied !

[TexasVAWA 60]

3 minutes ago, lolaB998 said:

I am so sorry you are so stressed now! I truly hope you can resolve it soon. I am sure Sandra will respond soon. This is very frustrating... These rules are not stated clearly anywhere, how is one supposed to know all these traveling requirements. Anyway, please don't stress yourself. I am sure a good lawyer will help you with it. Also, they say you applied as a beneficiary under your I-465. But when you filed VAWA, didn't you become a petitioner?

Thank you so much Lola. Yes this rules are really vague to me that I can't even process in my  head . That's a good question (catch) . I think when I applied for I-360 , I was the petitioner by myself . I don't have idea if that influences the I-485. 

[TexasVAWA 60]

9 minutes ago, Hritik Rohail said:

See the process gonna be much faster after tomorrow confirmation of new DHS secretary by US senate. So hope for the best, man it is delayed not denied !

Thank you Hritik Rohail . Yea I understand now . What's the actual news about new DHS secretary by US senate ? 

[lolaB998 128]

11 minutes ago, TexasVAWA said:

Thank you so much Lola. Yes this rules are really vague to me that I can't even process in my  head . That's a good question (catch) . I think when I applied for I-360 , I was the petitioner by myself . I don't have idea if that influences the I-485. 

I don't think it is that important but still. I thought most of these bars to adjustment do not apply to immediate relatives or vawa applicants. I hope it can be solved fast by reopening this petition or by filing a new one. So sorry once again... It's just so much to go through, especially after going through abuse and this whole process. Good luck!! I am sure you will get your card!!

I travelled after submitting my I-485 using advance parole but I left the country under my maiden name because my consulate could not renew the passport in the US and I had no choice. Reentered with a married name though and a new passport. Now worrying this may be an issue too.

[Demise 1,289]

44 minutes ago, TexasVAWA said:

Thank you for your response . Yea that's the only thing  I can see as my hope . But it would be really better if I have any option to reopen with any valid ground against the denial notice . Otherwise have to go for the route that you said . 

Yeah, the solution here is to refile I-485.

 

Another thing you could do is file I-290B seeking to reopen/reconsider, but that would require you to have filed I-131 and it being approved by the time you left. I don't believe that anything in regulations requires you to use advance parole in order to preserve a pending I-485, but merely "obtain" it. Another layer of security would be to go to a CBP deferred inspection site and basically tell them "Hey, I messed up, I had a pending I-485, I had advance parole, and I used my F-1 visa to re-enter rather than AP, can you fix my entry record?".

Edited February 2, 2021 by Demise

[TexasVAWA 60]

16 minutes ago, lolaB998 said:

I don't think it is that important but still. I thought most of these bars to adjustment do not apply to immediate relatives or vawa applicants. I hope it can be solved fast by reopening this petition or by filing a new one. So sorry once again... It's just so much to go through, especially after going through abuse and this whole process. Good luck!! I am sure you will get your card!!

I travelled after submitting my I-485 using advance parole but I left the country under my maiden name because my consulate could not renew the passport in the US and I had no choice. Reentered with a married name though and a new passport. Now worrying this may be an issue too.

Thanks for your response . hmmmm . Your issue looks like an error . Your ground is strong . I wish you don't face the suffering that I am facing . I wish you a good luck . And praying to God so that your process becomes smooth. 

[TexasVAWA 60]

11 minutes ago, Demise said:

Yeah, the solution here is to refile I-485.

 

Another thing you could do is file I-290B seeking to reopen/reconsider, but that would require you to have filed I-131 and it being approved by the time you left. I don't believe that anything in regulations requires you to use advance parole in order to preserve a pending I-485, but merely "obtain" it. Another layer of security would be to go to a CBP deferred inspection site and basically tell them "Hey, I messed up, I had a pending I-485, I had advance parole, and I used my F-1 visa to re-enter rather than AP, can you fix my entry record?".

That's really good point that I can go to CBP and ask them to fix my entry record as advanced parole . There is another mistake I did is I have been using my F1 EAD instead of using the I-360 EAD . Would that be an issue ? ( just a question : how long does it take to get the interview if I wanna refile I-485 ? any idea ?  ) 

[lolaB998 128]

9 minutes ago, TexasVAWA said:

Thanks for your response . hmmmm . Your issue looks like an error . Your ground is strong . I wish you don't face the suffering that I am facing . I wish you a good luck . And praying to God so that your process becomes smooth. 

Thank you so much for the kind words! I know your situation now sucks. But in the very worst case, you have to refile your I-485, and you will get your card. It’s not some other inadmissibility issue that can’t be fixed. So even in the worst case, it will just take you slightly more time. I hope you can resolve it with minimal effort and stress though. And please let people on this forum if you need support, I think it is a great place for that. Best of luck!!

[TexasVAWA 60]

1 minute ago, lolaB998 said:

Thank you so much for the kind words! I know your situation now sucks. But in the very worst case, you have to refile your I-485, and you will get your card. It’s not some other inadmissibility issue that can’t be fixed. So even in the worst case, it will just take you slightly more time. I hope you can resolve it with minimal effort and stress though. And please let people on this forum if you need support, I think it is a great place for that. Best of luck!!

You are welcome anytime !! Yea . I agree with you on that .  I did have zero knowledge  about filing  . This is  surprising to me how far I traveled with help of everyone from this forum . I will  never forget the help of everyone here . God bless everyone who is having this difficult journey . 

[Demise 1,289]

15 minutes ago, TexasVAWA said:

That's really good point that I can go to CBP and ask them to fix my entry record as advanced parole . There is another mistake I did is I have been using my F1 EAD instead of using the I-360 EAD . Would that be an issue ? ( just a question : how long does it take to get the interview if I wanna refile I-485 ? any idea ?  ) 

It's a little complicated. Technically you can work on either EAD, but if you work on one not from your F-1 status (so either C09 or C31) then you're technically in violation of your F-1, but with a pending I-485 (and especially with VAWA ones), you are no longer required to maintain the F-1 status. But for purposes of the adjustment, you can just work on the F-1 EAD until your I-485 is approved.

 

The issue here comes from your traveling abroad. Did you file I-131 and were approved for advance parole by the time you traveled (i.e. you got an EAD with a category code C09P and text that reads "Serves as I-512 Advance Parole" on the bottom of the front, or a paper I-512L)?

[TexasVAWA 60]

28 minutes ago, Demise said:

It's a little complicated. Technically you can work on either EAD, but if you work on one not from your F-1 status (so either C09 or C31) then you're technically in violation of your F-1, but with a pending I-485 (and especially with VAWA ones), you are no longer required to maintain the F-1 status. But for purposes of the adjustment, you can just work on the F-1 EAD until your I-485 is approved.

 

The issue here comes from your traveling abroad. Did you file I-131 and were approved for advance parole by the time you traveled (i.e. you got an EAD with a category code C09P and text that reads "Serves as I-512 Advance Parole" on the bottom of the front, or a paper I-512L)?

So I traveled before my I-131 got approved . Let me share my timeline about entry and re-entry 

18 June 2018 : I traveled and entered in USA ( I used f1 visa)

29 August 2018 : I received  I-131 approval

29 August 2018 --- 28 august 2019 = 1 year validity for I-131 ( advance parole ). After the expiration I don't remember if I applied . I don't think I did . 

18th October 2019 = I again traveled and entered ( I used f1 visa)

 

 

Note : The issue is I couldn't use  the AP during its validity period . USCIS does not send AP whenever we really need . 

 

Edited February 2, 2021 by TexasVAWA

[Restez Forts 107]

8 minutes ago, TexasVAWA said:

You are welcome anytime !! Yea . I agree with you on that .  I did have zero knowledge  about filing  . This is  surprising to me how far I traveled with help of everyone from this forum . I will  never forget the help of everyone here . God bless everyone who is having this difficult journey . 

God bless you too.

You should consider getting a lawyer. You need someone who understands the immigration law on your side. I honestly don't think there is room for error here.

You will succeed. It's not hopeless. You still have a valid 360. 

 

 

[TexasVAWA 60]

1 minute ago, Restez Forts said:

God bless you too.

You should consider getting a lawyer. You need someone who understands the immigration law on your side. I honestly don't think there is room for error here.

You will succeed. It's not hopeless. You still have a valid 360. 

 

 

Thank you so much. Thank you for your  suggestion . I heard  few bad stories about  lawyer played  with members in our forum. Before I go to lawyer I am gathering idea from our forum so that I do not make any silly  mistake . Also lawyer won't be able to mess around with me as she/he will know that I am well informed.