VAWA, Part 21

[Shroy123 749]

11 hours ago, Faith2020 said:

@sandranj hi there. I have a question based I. Your previous comment. If someone applied for asylum in the past and now have AP they can’t travel ? If yes how can they overcome that and be able to travel ?. Thank you in advance. 

You can travel anywhere except your home country

[jacobamanda63 28]

Dear Vj Family &  Sandra/ stillwinning 

    I am grateful for all of you to help us in this hard immigration processing. I can not made it so far without your help. 

as you know since I received RFE about a criminal charge as Domestic battery after my I485 interview. I was posted my questions here and got some good  advices that I need find a good criminal attorney to dismiss this case. REF dead line is 1/31/21. 

   I did found two criminal attorney and all paid them off. 

   first attorney filed my case to court asked to recall the warrant of arrest but was denied, and pre trail date and hearing date set up at 1/13 and 2/16 in 2021. he said it looks hard to dismiss my case also  I could not expedite the hearing date.  

    then I hired other  Criminal Attorney, he said could dismiss my case and get every thing done before deadline and would not let it hurts my immigration case. unfortunately since he got my paid off to him, he does not answers my email and does not answers my phone call about two weeks . I check the contact paper again and it  said this legal fees can not be refund. I feel bad this attorney does not response to me. that is really wast my time. also I don't know if I can report him to the bar of Indiana state and ask my money back because he really did nothing in the ? 

    first attorney is very nice and he contacted me and tole me how his thoughts about my case. he recommends me to  plead a guilty to get an agreement(my understanding.)  he wants to know what kind charge would not hurt my greencard case. or go to Jury trail.

 

 I really need your guys advices about my case. I do remember that Sandra said I must find a good criminal attorney to dismiss this charge. I would love to do so, too. but unfortunately that is not much time to let me find better criminal attorney and to dismiss case before 1/31/21. 

    Does USCIS allows me to extinction the RFE deadline? 

  What is best i can do? I am willing to go to Jury Trail if Judge lets me to. just worry it takes long time and could not get any results back to USCIS before 1/31/21. 

 

  Attached RFE letter and both first criminal attorney and my immigration attorney's emails about my domestic battery charge. /

this email from my first criminal attorney :

I've been thinking about your case and I must advise you that there is a small possibility that you will be incarcerated when you appear for your hearing in January.  (see the attached document, there is still a warrant for your arrest). You should bring the bond amount to the hearing so that after you are processed you can be released quickly.

 

Also, I do advise that you get an immigration attorney to assess whether a plea agreement to an A misdemeanor will hurt your immigration case.  I understand that you maintain your innocence, and that you wish to contest the case.  However this will involve significant expenses in the future, and knowing the judge in this case, he was a former prosecutor for many years and only if you get a jury trial could a jury review your case.  In short, you may have an uphill battle in trying to be found innocent, especially if you don't get a jury, and in particular if both the police officer and your ex boyfriend are available and show up to testify.  A plea agreement might be a better option for you, so I would want to know whether an A misdemeanor would impact your immigration case.  If it doesn't, then I wouldn't worry about.  Sometimes they just need documentation, that is what your letter said.  If the an A misdemeanor negatively impacts your immigration case, then we can proceed to try to win, it just might be expensive.  You should check with your immigration attorney about what should be done.

 

To win your criminal case, the first step would be to establish that the state has no witnesses.  I'm guessing that they will be able to produce the police officer because my brother in law who is a local police officer found that the officer was making digital police entries last year, so he's still probably available to testify.

 

Remember too, even though you would like to be shown innocent, this has never affected your life prior to the immigration case, and all they are asking is for proof of the outstanding warrant so that they can assess whether they will grant you the immigration status you are seeking.  If you provide the proof, then it may not really affect your case further, but you should check with your immigration lawyer.

 

Let me know your thoughts.

 

this email is from my immigration attorney:

Thanks for your message and email. 

 

Looking at the USCIS policy manual, it looks like the best outcome for her short of an outright dismissal would be a plea to a petty misdemeanor, if that is a possibility. If not, making clear that whatever happened involved no more than simple assault/battery rather than any type of aggravated offense would be next best. 

 

At worst, it appears that this would be likely to be a time limited bar to her ability to adjust status. But I assume that the clock would tick from the date of her sentencing rather than the date of the incident. 

 

All of this is within the discretion of USCIS, where they are able to weigh any mitigating factors, such as her children, her seven years of being law-abiding, her ties to the community, etc.

 

If you'd like to talk, my desk phone does not ring through to my computer, but I am able to get messages. 

 

I am very grateful for your time. help me please. 

 

 

[Klein 41]

3 hours ago, Faith2020 said:

Thank you. Just for clarification I’m not doing my AOS based on asylum. I was just curious because the person who made the comment said if you did asylum or you are in removal proceedings you shouldn’t travel. Therefore I was wondering if it should be for all international flights in general that one should avoid traveling or to have more clarification on the subject. 

Yes if you are in removal proceedings,  definitely dont travel outside the country. As for asylum applicants, the only place they cant travel is their home country. Other places they can travel without worries.

[Happy1982 124]

On 12/4/2020 at 2:34 PM, shiva32 said:

Hi DanyT, I applied for I-360 in Nov 2019 too. Please continue to keep us posted of any updates. I applied for AOS/EAD/AP in Feb 2020, have not received my I-131 advance parole yet. Did you get yours, and if you did, when?  

Hi,

 

No, I just received a RFE in december/19 and thats all. Anyway I applied for my I765 and I131 under C09 and was approved in June/20. I already sent the renewal of my work permit under C09 and is still pending.

 

The I765 and I131 under C31 only its approved until the I360 is approved.

 

good luck and we will be in touch for any news.

[Sorrowhope 71]

14 hours ago, Demise said:

You can travel on AP, but you should not travel to the country you're claiming persecution from because it makes it look like you made a bs asylum claim (this extends pretty much until you naturalize). Travel to anywhere else should be fine, but considering the pandemic, and the fact that AP doesn't really save you from any entry bans due to the pandemic like Brazil, Schengen Zone, etc, I would hold off on international travel for the time being.

 

I mean you can do it one of two ways.

You can file I-485 with the court which will generally lead to the court granting you continuances until the I-360 is approved, or you can try and get the proceedings terminated and file I-485 with USCIS. In the unlikely event that the court would terminate proceedings after you filed I-485 with the court you'd take the termination order, the receipts from the court and USCIS that you filed with the court, and refile I-485 with USCIS without paying the fee again.

Thank you Demise for showing ways!! I’ll try probably with court before master hearing ! 

[God is a good God 238]

19 hours ago, Mortaldreams said:

Actually I read your post that’s why I was wondering 🙂 I will ask my attorney  if possible I will send it thank you sharing your experience and also helps a lot ! 

You are welcome 

[God is a good God 238]

19 hours ago, Mortaldreams said:

Actually I read your post that’s why I was wondering 🙂 I will ask my attorney  if possible I will send it thank you sharing your experience and also helps a lot ! 

@Demisesent me this           

 

https://www.uscis.gov/sites/default/files/document/legal-docs/Pre Order Instructions EOIR.pdf

Edited December 6, 2020 by God is a good God

[Sorrowhope 71]

58 minutes ago, God is a good God said:

@Demisesent me this           

 

https://www.uscis.gov/sites/default/files/document/legal-docs/Pre Order Instructions EOIR.pdf

Wow all instructions thank you Demise as always 

[shiva32 240]

3 hours ago, DanyT. said:

Hi,

 

No, I just received a RFE in december/19 and thats all. Anyway I applied for my I765 and I131 under C09 and was approved in June/20. I already sent the renewal of my work permit under C09 and is still pending.

 

The I765 and I131 under C31 only its approved until the I360 is approved.

 

good luck and we will be in touch for any news.

Yes, I was talking about c09 EAD and AP. Why apply for EAD renewal so early? Your current c09 EAD probably doesnt expire till at least June of 2021, right? I thought the earliest one can apply for renewal was no more than 6 months before expiration of current EAD. 

 

Anyway, its great to be in this community with kindred spirits. 

[Restez Forts 107]

Jacobamanda63, I think you are in good hands. The lawyers are working together and they should be able to figure this out.

Just don't admit to anything without talking to your immigration lawyer. You don't want to admit guilt to something that will mess up your greencard.

 

Your immigration lawyer said if the criminal lawyer can't get the case dismissed, the next best thing is a lesser charge, not an aggravated offense. An example would be disturbing the peace.

 

I also worry about the police report. Do you know what it says? In the RFE USCIS is asking for the original or certified copy of the arrest report. I think knowing what it says will allow you to move forward well armed. The criminal lawyer can help with this.

 

Sorry about the con lawyer. Deal with him later. Focus on the case for now. 

 

I think you are making good progress. Continue working with your lawyers closely. Continue doing your own research and discuss everything with them. Don't worry about the deadline your immigration lawyer will know how to explain everything with all the evidence you will have collected by then.  When you appear on the 13th, all paperwork you get on that day will be evidence. Including the appointment for Feb. Stay positive it will work out in the end!

Edited December 7, 2020 by Restez Forts
Add bold letters

[Precious100 99]

Hello  dear Vjf,  can unemployment benefit and small scale  pandemic unemployment assistance stop a vawa applicant from receiving green card/ citizenship

 

2ndly, can it affect you filing for someone  like spouse, parents or relatives in the future ?

 

[luminarc 218]

Hey lovelies I hope you guys are doing great, to anyone who got good news, praise be to God Almighty, for those of you still waiting, your moment of Joy is on the horizon, for those of us that are some ways into the process, may God continue to guide us and give us patience and strength, and to those of you about to begin the process, may God guide your steps, and give you the courage to power through. any special Christmas plans?

[quistarrok 51]

On 12/5/2020 at 2:59 PM, Stillwinning!!!😊 said:

Definitely reach out!👍

Thank you @Stillwinning!!!😊   Sent an email. Will see what they say. Do you know if I will still get my renewal EAD even though I-485 is approved now? No sign of green card receivable though. 

[waqasah 1]

 

Hi Vawa Family, 

I hope everyone is doing fine and I pray that this year brings lots of happiness and approvals for all of us. 

I got my work permit last year in May. I want to send the renewal application now as I have seen that it is taking almost 6 months for the renewal. I have one question. Do I have to pay the fee of renewal of work permit? I just want to make sure of it.

[Sandra G. 5,048]

20 hours ago, Faith2020 said:

Thank you. Just for clarification I’m not doing my AOS based on asylum. I was just curious because the person who made the comment said if you did asylum or you are in removal proceedings you shouldn’t travel. Therefore I was wondering if it should be for all international flights in general that one should avoid traveling or to have more clarification on the subject. 

The person who applied for asylum should not travel to his/her home Country, otherwise your asylum will be considered “frivolous”, a finding of frivolous asylum is enough to have the AOS denied,even the AOS based in VAWA.