VAWA, Part 22

[sheima 510]

1 hour ago, Cottoncandyskies said:

Hello,

I have been a follower for several threads now. I am a approved vawa petitioner. I filed i485 and recently received a NOID on grounds of inadmisabilility. I was brought here as a child and left and returned as an adult. My departure and return is connected to the abuse. I have been given an opportunity to provide additional evidence to support my petition. 

 

I have an attorney, however I have not been in contact with her, as I was notified on Friday afternoon and wasn't able to speak with her. I have an idea of what to do, but I came here to ask for help and advice. 

 

Do I need to submit a waiver? Or will the additional evidence suffice?

 

Thank you in advance. 

 

2/2018 i360, i485, EAD filed

*3PF 

8/2019 vawa approved

12/02/2020 i485 interview

5/2021 NOID received

I think you should submit and respond to RFE in the NOID, usually if you fail to respond to that request your chances of success is minimal 

[sheima 510]

21 minutes ago, Pinkrlion said:

LOL, I only received PF once the entire time I was waiting.

I never receive one but got approved in 18 months, majority of us are faster right 

[Pinkrlion 2,724]

1 hour ago, Cottoncandyskies said:

Hello,

I have been a follower for several threads now. I am a approved vawa petitioner. I filed i485 and recently received a NOID on grounds of inadmisabilility. I was brought here as a child and left and returned as an adult. My departure and return is connected to the abuse. I have been given an opportunity to provide additional evidence to support my petition. 

 

I have an attorney, however I have not been in contact with her, as I was notified on Friday afternoon and wasn't able to speak with her. I have an idea of what to do, but I came here to ask for help and advice. 

 

Do I need to submit a waiver? Or will the additional evidence suffice?

 

Thank you in advance. 

 

2/2018 i360, i485, EAD filed

*3PF 

8/2019 vawa approved

12/02/2020 i485 interview

5/2021 NOID received

You need to state the entire statement from the NOID so we can see what you should do?  I am not sure you are eligible for a waiver cause we only have a piece of the information.  

[Stillwinning!!!😊 4,570]

22 minutes ago, BlueTiger92 said:

Congratulations!!!

Where and how have you been my friend?🥰😊

[Brooklynguy1 155]

32 minutes ago, BlueTiger92 said:

Congratulations!!!

Thank you!

[HolaBola31 135]

1 hour ago, Pinkrlion said:

Unfortunately, you now have to complete a I-90 for your green card.  The issue is they can deny waiving the fee for the new GC, you will then have to pay for it.  

But it wasn’t lost or expired. It was their mistake. They didn’t put an apt #
I did everything ok interview to make sure it will come to the right address. 
 

[BlueTiger92 123]

56 minutes ago, Stillwinning!!!😊 said:

Where and how have you been my friend?🥰😊

thank you for asking! I've been checking in here and posting after some time. big congrats to all those completing and moving along in this journey 😀 I'm waiting patiently, 2nd PF just expired. how are you doing?

[Cottoncandyskies 0]

1 hour ago, Pinkrlion said:

You need to state the entire statement from the NOID so we can see what you should do?  I am not sure you are eligible for a waiver cause we only have a piece of the information.  

[Stillwinning!!!😊 4,570]

24 minutes ago, BlueTiger92 said:

thank you for asking! I've been checking in here and posting after some time. big congrats to all those completing and moving along in this journey 😀 I'm waiting patiently, 2nd PF just expired. how are you doing?

Great girl. I’m looking forward to your approval! Will keep you in my prayers! Once upon a time I was that girl reading of approvals and tales of such...I often wondered if it would ever be my turn. Faith in God and encouragement from some people here kept me going.. it’s a long and weary road I know...but patience is key! Your day  is approaching my dear!🙏😊

[Pinkrlion 2,724]

16 minutes ago, Cottoncandyskies said:

You will have to talk about this with your attorney.  It is my understanding that you cannot file a waiver if you are in the United States for readmission.  Your attorney will have to build a strong case around your VAWA connection as to why you left and re-entered without inspection.  

[aquila 248]

@Cottoncandyskies from my little knowledge,I would highly recommend that you look over Form I- 601 Application for Waiver of Grounds of Inadmissibility waiver to resolve this issue. To me it's an easy fix as your statement and everything (evidence) will be submitted along with the above mentioned form to Vermont. Then with your response of receipt notice from Vermont, send a copy of the 797C along with this NOID to the office that sent you this NOID to let them know that the waiver is on going.

The usual time to respond to the NOID is about 33 days plus due to covid allowances by USCIS you have an extra 60 days to respond (total 83 days).

* current processing time for waivers under VAWA at Vermont is not known but takes around 2 - 6 months for approval which automatically kicks the approval of your 485 too.

 

Sorry if my explanation is a bit confusing but I hope it helps.

[aquila 248]

8 minutes ago, Pinkrlion said:

You will have to talk about this with your attorney.  It is my understanding that you cannot file a waiver if you are in the United States for readmission.  Your attorney will have to build a strong case around your VAWA connection as to why you left and re-entered without inspection.  

That is very correct and just add to your submission. 

 

Form I-601A : Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview.

@Pinkrlion- I'm sure this was what you were referring to.

 

Form 601 : If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility. Please refer to the instructions to determine whether you should use this form.

(Approved VAWA applicants fall under this form for relief as mentioned in the form instructions)

[Cottoncandyskies 0]

36 minutes ago, Pinkrlion said:

You will have to talk about this with your attorney.  It is my understanding that you cannot file a waiver if you are in the United States for readmission.  Your attorney will have to build a strong case around your VAWA connection as to why you left and re-entered without inspection.  

Thank you, I intend to. I wanted to know if there had been similar experiences that I can gain knowledge from. 

[Cottoncandyskies 0]

30 minutes ago, aquila said:

@Cottoncandyskies from my little knowledge,I would highly recommend that you look over Form I- 601 Application for Waiver of Grounds of Inadmissibility waiver to resolve this issue. To me it's an easy fix as your statement and everything (evidence) will be submitted along with the above mentioned form to Vermont. Then with your response of receipt notice from Vermont, send a copy of the 797C along with this NOID to the office that sent you this NOID to let them know that the waiver is on going.

The usual time to respond to the NOID is about 33 days plus due to covid allowances by USCIS you have an extra 60 days to respond (total 83 days).

* current processing time for waivers under VAWA at Vermont is not known but takes around 2 - 6 months for approval which automatically kicks the approval of your 485 too.

 

Sorry if my explanation is a bit confusing but I hope it helps.

Not confusing at all. I have read the NOID several times to better understand it. I agree that it seems that the waiver maybe worth to look over. Thank you. 

[aquila 248]

35 minutes ago, Cottoncandyskies said:

Not confusing at all. I have read the NOID several times to better understand it. I agree that it seems that the waiver maybe worth to look over. Thank you. 

You're very welcome my dear. Just in your free time read the form instructions with the form very well and it's self explanatory along with your statement, your VAWA approval notice and other evidence if applicable you'll attach to. Your lawyer will go over it if they're in agreement with the waiver.