VAWA, Part 21

[quistarrok 51]

On 12/28/2020 at 5:59 PM, Demise said:

Yeah VAWA confidentially protections just make getting information about your case difficult. You have to basically write a letter to VSC.

Friends - received this replay from USCIS passed through congressman in regards to my delayed green card:

 

“the card has not produced due to expired biometrics. I have resubmitted the biometrics for updating. Once the update is completed the card will produce”

 

Does it mean I will get a notice to retake my biometrics, I.e. going to ASC office again and do fingerprints and having USCIS to take my photo? Else, does “i have submitted the biometrics for updating”  mean something else as apparently USCIS rep submitted something?

[Stillwinning!!!😊 4,570]

13 minutes ago, ponak98 said:

Friends - received this replay from USCIS passed through congressman in regards to my delayed green card:

 

“the card has not produced due to expired biometrics. I have resubmitted the biometrics for updating. Once the update is completed the card will produce”

 

Does it mean I will get a notice to retake my biometrics, I.e. going to ASC office again and do fingerprints and having USCIS to take my photo? Else, does “i have submitted the biometrics for updating”  mean something else as apparently USCIS rep submitted something?

Hello from the statement above I think they're going to use the Biometrics on file. The officer mentioned that they're going to update the Biometrics on file so when it's updated, they'll produce your card. I guess this is the part where most people get the notification 'fingerprints was updated'.😊👍

[quistarrok 51]

16 minutes ago, Stillwinning!!!😊 said:

Hello from the statement above I think they're going to use the Biometrics on file. The officer mentioned that they're going to update the Biometrics on file so when it's updated, they'll produce your card. I guess this is the part where most people get the notification 'fingerprints was updated'.😊👍

Thank you @Stillwinning!!!😊. I emailed to congressman back and asked if they can clarify. I hope so that they will use my “old” biometrics. Isn't it strange though - I-485 is approved and now they cannot produce the card because of expired biometrics....?

[Stillwinning!!!😊 4,570]

Also has anyone received any stimulus deposits?💵 Some folks just alerted me they have!😏 update your girl.😊👍

[Stillwinning!!!😊 4,570]

6 minutes ago, ponak98 said:

Thank you @Stillwinning!!!😊. I emailed to congressman back and asked if they can clarify. I hope so that they will use my “old” biometrics. Isn't it strange though - I-485 is approved and now they cannot produce the card because of expired biometrics....?

Ok great.. but going by the officer's words, it says I" have submitted the biometrics for updating" it clearly means it's right there and will be applied to your case..but hey since USCIS is shrouded in mystery, let's see what the response will look like!💁

[quistarrok 51]

49 minutes ago, Stillwinning!!!😊 said:

Ok great.. but going by the officer's words, it says I" have submitted the biometrics for updating" it clearly means it's right there and will be applied to your case..but hey since USCIS is shrouded in mystery, let's see what the response will look like!💁

Yeah, my biometrics technically are expired. I googled and found that they are valid for 15 months. It's been 2 years since I did them. But I believe it's super rare USCIS makes people to redo biometrics at asc?

[HoustonVAWA 27]

1 hour ago, Stillwinning!!!😊 said:

Also has anyone received any stimulus deposits?💵 Some folks just alerted me they have!😏 update your girl.😊👍

@Stillwinning!!!😊 How did they get the money? Because they filed tax? 

 

I missed the $1200 from last time. I have never filed tax except for the first year of marriage and that was 2-3 years ago 😞. 

[Stillwinning!!!😊 4,570]

18 minutes ago, ponak98 said:

Yeah, my biometrics technically are expired. I googled and found that they are valid for 15 months. It's been 2 years since I did them. But I believe it's super rare USCIS makes people to redo biometrics at asc?

USCIS has been using fingerprints on file especially since the pandemic... and also the first and last time I did fingerprint was in 2017 up to when I got my green card in 2020!💁

[Braveheart123 146]

1 minute ago, HoustonVAWA said:

Dear friends 

As I mentioned in my previous message that first my younger sister passed away and then my father passed away as well 

So my question is that since my VAWA got approved and my green card application is pending can I add my mother and my younger sister who is 32 years old as my VAWA derivative so that I can sponsee theming green card 

or what is my other option how I can take my mother and younger sister to USA to live with me since they are alone in My home country and there is nobody to take care of them.

need some suggestions feeling pressure 

 

[Stillwinning!!!😊 4,570]

3 minutes ago, HoustonVAWA said:

@Stillwinning!!!😊 How did they get the money? Because they filed tax? 

 

I missed the $1200 from last time. I have never filed tax except for the first year of marriage and that was 2-3 years ago 😞. 

Probably the reason why. The eligibility category for both the CARES and HEROES Act is very much accessible online!👍

[quistarrok 51]

20 minutes ago, Stillwinning!!!😊 said:

USCIS has been using fingerprints on file especially since the pandemic... and also the first and last time I did fingerprint was in 2017 up to when I got my green card in 2020!💁

Praying. In the meantime still staying to get InfoPass appointment. Believe me it's a challenge. Called to schedule 2 weeks ago. Called them again yesterday and they tell me I am still in the queue. I do hope things will get better for my fellow friends here in 2021...

[Villanelle 4,122]

On 12/28/2020 at 8:14 PM, Hritik Rohail said:

 

You are most likely going to have to file a new 485. You can submit a fee waiver if you need to.  

 

You didnt list out all the dates but from what you have posted it seems in 2018 you had a joint AOS interview scheduled and you advised them to hold your 485 as you filed VAWA. They did. You then were able to renew your EAD because of such. The 485 can only be held if the 130 is still active. Imagine it like a tree branch at the top of a very tall tree. The branch is the 130, the leaf on the end is the 485. You are asking them to climb up on a ladder and remove the leaf from the 130 branch and attach it on to the 360 branch. They can do this- as long as both branches are still attached to the tree. Once the 130 branch is cut off (withdrew) the leaf dies and the branch falls to the floor, and they can not climb down and pluck it off and attach it back up top to a different branch.

 

It seems you were able to renew your EAD because either at the time you renewed the 130 was still active (so your 485 was too) or it was an error on their part. Kind of like they cut the 130 branch but as it fell it got caught in the brush and didnt quite hit the floor to be considered 'trash'. It will be though once they shake the tree and clean up. Thats what the wording of 'most likely' is based on. Perhaps they havent officially trashed it yet but it has to be trashed. They can not remove the leaf from the branch once its cut. 

 

The only way you do not need to file a new 485 is if the 360 was approved before the 130 was denied. 

 

If your 360 has been approved you should have gotten a c31 EAD. You can use that to work. The c31 EAD is work only- no travel auth. If you need travel auth you will want to file the 131 along with a new 485. You should not travel using the combo card you have (the one based on the previously filed 485) because even though the system says its valid it shouldnt be. They are going to figure that out at some point and if they do while you are outside of the US you wont be allowed back in.  

 

To avoid further delays you should submit a new 485 asap.

[Villanelle 4,122]

On 12/28/2020 at 2:37 PM, Faith2020 said:

Hi dear, 

 

thank you for your input and your time. to answer your first question unfortunately on VJ there’s not a lot of case like mine. And if any it’s from 10 years ago or so. I already did some research. Unfortunately I noticed that my case is not also like the typical 130 case and I relate a lot with the RFE USCIS sent to all the VAWA I wish I paid more attention to VAWA thread when i received my RFE and was lost.  
 

Do you think my i-360 have been approved ? Since it’s not at Vermont anymore ? When I received my RFE it was from Vermont office but recently when I track my case it’s at NBC and i-485 is at my local office. Also thank you so much I will try to call the court. 

Again, I do not know much about the specifics of the widow process. I can tell you the "standard" process is joint AOS. 130+485. With that the petitions are allowed to be approved concurrently. That means both at the same time. Some people get notice of approval of the 130 and wait for the 485, others dont and end up in an 485 interview where both the 130+485 are approved together.  Now VAWA 360 (360+485) requires the approvals to be consecutively. The 360 has to be approved first- then they can move on to the 485.  I believe widow 360 is the same and I cant find anything to suggest it isnt. 

 

To avoid confusion- I am referring to the approvals only here, not the filings. One can file petitions consecutively if they qualify to do such. But if your underlying form is the 360 then the 360 must be approved to move on to the 485 where the 130 can be approved at the same time as the 485.

 

Do you have a case number for the 360? You should have a case number for both the 360 and the 485. If you previously filed the 130 and then notified them of the death they would have converted your pending 130 to a 360. This could cause confusion and inaccuracies in the online status system because they are basically pulling apart and reassembling things. The online system is also a courtesy- so its not always accurate which stinks. If you did previously submit a 130+485 then your 485 may be at the local office but that doesnt mean the 360 was approved. The 360 going from VSC to NBC usually means it was approved. There are additional variables with the widow process depending on if you previously filed a joint AOS or not that could cause your case to be transferred around in which case its like I said- them gathering up various pieces and getting it all to where it needs to be.

 

The good news is since your case is not VAWA its not under the same strict privacy guidelines. There are still privacy guidelines but you have more options to get information then a VAWA petitioner does. You can try using the website to put in a service request or use the 'ask Emma' chat feature to see what kind of information you can get. You can also try calling the 800 number. The phone reps have the same information as the online system and chat though, so if you can not get any specific answers from that you would want to contact your local congressperson to inquire for you. Its free to get such assistance and will not impact your case at all so theres no reason not to use them to inquire on the status of things. Please also check the court # because if you are in the court system your case is more complicated and you may need an attny to help.

 

  

 

[Villanelle 4,122]

On 12/29/2020 at 10:35 AM, Apolo said:

Idk if I can schedule an infopass appointment since this is not an emergency I just want to find out the status of my I-485 and I reached out to my congressman but so far no reply. And I just wanna see a example of a correct letter format since I’m addressing a federal agency and this will be my first time doing that. 

There is no required format to send a letter. You can type it out or hand write it. You need to sign and date in ink though. You want to include your name and A#, DOB, address, case numbers. The letter must be sent to VSC. 

 

Stillwinning has tried to explain to you that sending a letter to VSC is not the best strategy and I agree. When one sends a letter to VSC it takes a very long time for them to respond (if they respond at all) and most likely you will just get back a letter saying your case it at the local office and no further information. VSC has a huge workload and its unlikely anyone there is going to get your letter and reach out to your local office to get specific information about your case and relay it back to you. They will simply get your letter, check in the computer and see its at the local office and respond as such. If you want specific personalized information about your file you need to use your congressman to inquire OR inquire at person through infopass. Due to the pandemic you are not going to be able to use infopass, so the congressman inquiry is your best option. 

 

Another thing for you to consider- I havent read through your post history but Im assuming your 360 has been approved and you are anxious waiting for the 485 interview. If so you are nearing the end of this very long process. Basically what happens is the 360 is approved and is sent from VSC to the NBC. NBC does a very basic check to make sure all the documents needed to process and approve your 485 are in your file. They dont want to send it to the local office only to find out you are missing something. Once NBC is sure your file is complete they send it to the local office. Sometimes they wait and transfer things in bulk rather then each case one at a time. On occasion a case can slip through the cracks and ends up stuck sitting at NBC. So you want to be diligent and make sure your case gets sent to the local office. Now it can take NBC up to 3 months to send your case to the local office, if it hasnt been that long you need to be patient a while longer. If its been longer then that you want to inquire (using congressman) to see whats going on and get them to transfer it if they havent already. Sometimes people get a courtesy notice about the transfer. If you did thats great. You then have a date you can use to check processing times at your local office. If you didnt get a courtesy notice then you have to estimate about what date your local office probably got your file and compare that to what date your local office is currently working on. 

[Apolo 314]

23 minutes ago, Villanelle said:

There is no required format to send a letter. You can type it out or hand write it. You need to sign and date in ink though. You want to include your name and A#, DOB, address, case numbers. The letter must be sent to VSC. 

 

Stillwinning has tried to explain to you that sending a letter to VSC is not the best strategy and I agree. When one sends a letter to VSC it takes a very long time for them to respond (if they respond at all) and most likely you will just get back a letter saying your case it at the local office and no further information. VSC has a huge workload and its unlikely anyone there is going to get your letter and reach out to your local office to get specific information about your case and relay it back to you. They will simply get your letter, check in the computer and see its at the local office and respond as such. If you want specific personalized information about your file you need to use your congressman to inquire OR inquire at person through infopass. Due to the pandemic you are not going to be able to use infopass, so the congressman inquiry is your best option. 

 

Another thing for you to consider- I havent read through your post history but Im assuming your 360 has been approved and you are anxious waiting for the 485 interview. If so you are nearing the end of this very long process. Basically what happens is the 360 is approved and is sent from VSC to the NBC. NBC does a very basic check to make sure all the documents needed to process and approve your 485 are in your file. They dont want to send it to the local office only to find out you are missing something. Once NBC is sure your file is complete they send it to the local office. Sometimes they wait and transfer things in bulk rather then each case one at a time. On occasion a case can slip through the cracks and ends up stuck sitting at NBC. So you want to be diligent and make sure your case gets sent to the local office. Now it can take NBC up to 3 months to send your case to the local office, if it hasnt been that long you need to be patient a while longer. If its been longer then that you want to inquire (using congressman) to see whats going on and get them to transfer it if they havent already. Sometimes people get a courtesy notice about the transfer. If you did thats great. You then have a date you can use to check processing times at your local office. If you didnt get a courtesy notice then you have to estimate about what date your local office probably got your file and compare that to what date your local office is currently working on. 

@Villanelle you are amazing thank you for all your time and effort you put in this reply, And yes you are correct, my I-360 was approved in middle of 2019, and according to my congressman that made an inquiry in June on 2020 my I-485 was at the local office waiting to be scheduled for an interview. And just today i received the following update on my I-485 hope this is a good thing, even though i dont know what Name Was Updated means?   

Name Was Updated

On December 30, 2020, we updated your name for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

Also when i look at the processing time this is what it shows me in my case, and according to my calculation right now im at my 14 month does that means that i may be close and all that worry is just not necessary?

I apologies for all the stupid question but my anxiety and fear and worry are sky rocketing for the past few years.  Once again im grateful to everyone on this forum and wish you a merry Christmas and a Happy New Year please everyone stay safe Get processing time

Processing time for Application to Register Permanent Residence or Adjust Status (I-485) at Baltimore MD

Estimated time range

13Months to 17

Months

 

Edited December 30, 2020 by Apolo