VAWA, Part 22

[Chei-360 48]

3 minutes ago, Deserteagle said:

PENDING ADJUSTMENT OF STATUS

Thank you.

[dreamer1 320]

Hello family!! 
 

how has everyone been? I have been MIA for a few weeks now, working too many 12 hr shifts!! 
 

NY/NJ people, if you have questions about vaccination let me know, I am a RN

take care of yourselves!! 😘😘

 

MY LATEST NEWS: 

VAWA approved 12/2020, I filed for C9 EAD+advance parole renewal in 4/21, it’s expiring in June but the C-31 is good till 11/21so I am not stressed. No other updates 

 

[macaroni24 7]

10 hours ago, Demise said:

Huh shoot, this is actually right. The interesting thing is as follows: USCIS did post a new policy back in 2018 effective around that time that made it so non-immigrants admitted for "duration of status" (D/S) who overstayed would start accruing unlawful presence as of the date of their overstay or the effective date of the memo, whichever is later. The was a court case in the Middle District of North Carolina (Guilford College et al v. Nielsen et al.), which resulted in a permanent injunction.

 

So yes, non-immigrants admitted for D/S, do not accrue unlawful presence for an overstay.

 

Since your spouse is an overstay and in one of the categories where an overstay is a bar to adjustment, they're going to have to do consular processing, but there's no unlawful presence or inadmissibility reasons meaning no waiver required.

 

https://www.nafsa.org/professional-resources/browse-by-interest/accrual-unlawful-presence-and-f-j-and-m-nonimmigrants

So as per above info : My spouse can adjust status in US as usual ? (like no consular processing or waivers ?)

Edited June 3, 2021 by macaroni24

[Evasn 36]

Hi everyone , do you know if I can apply for permit and driver license if my ead is expired ?( I mean I'm waiting for a new one) and vawa is approved (nyc) . I'm reading the requirements, they are asking for valid i766 which I don't have at the moment only notice that uscis received my petition for new ead 

[sheima 508]

12 minutes ago, Evasn said:

Hi everyone , do you know if I can apply for permit and driver license if my ead is expired ?( I mean I'm waiting for a new one) and vawa is approved (nyc) . I'm reading the requirements, they are asking for valid i766 which I don't have at the moment only notice that uscis received my petition for new ead 

In NYS Your EAD has to be valid to be able to apply for both permit and drivers license 

[Demise 1,263]

4 hours ago, macaroni24 said:

So as per above info : My spouse can adjust status in US as usual ? (like no consular processing or waivers ?)

Not unless you were to naturalize first. AOS is not available in this case due to overstay barring it for F2As. However your spouse can do consular processing without the need for a waiver.

[Demise 1,263]

4 hours ago, Evasn said:

Hi everyone , do you know if I can apply for permit and driver license if my ead is expired ?( I mean I'm waiting for a new one) and vawa is approved (nyc) . I'm reading the requirements, they are asking for valid i766 which I don't have at the moment only notice that uscis received my petition for new ead 

Yeah. Though you pretty much apply as if you were undocumented (NYS recently loosed up the requirements on getting driver's licenses), so you can't get a REAL ID with an expired EAD but considering that REAL ID expires the day your EAD expires and you can fly domestically on a valid EAD I personally don't recommend bothering with REAL ID until you get a green card.

 

You pretty much need the following from this list:

6 points in proof of name

1 item under Section A (social security #) (e.g. Social Security Card)

1 item under "Proofs of lawful status" or "Proofs of date of birth only" (e.g. Expired EAD or foreign passport)

1 item which satisfies NYS residency

[Demise 1,263]

12 hours ago, Chei-360 said:

Sorry to bother you all again.

 

What would be current immigration status for ead renewal form?

I came in as F1 but overstayed, VAWA is approved.

I use to put F- in my previous submissions.

 

Please advise.

Thank you.

 

F-1 Overstay / Pending I-485

They do not mandate any specific wording you have to use.

[Pinkrlion 2,704]

12 hours ago, macaroni24 said:

So as per above info : My spouse can adjust status in US as usual ? (like no consular processing or waivers ?)

Spouse of a LPR cannot adjust in the US

[Chei-360 48]

i 485 Update

 

Guys something Just !!!

 

I reached out to my congressman in April, I received their response in the email today.

With attached copy of RFE for medical to be sent to local Newark.

this was sent to my old address since March 25th😪 lost in the mail I guess.

 

I am preparing to go mail it now.

my questions is that my medicals was done on March 7 2020, please is it still valid, can i still use it, because i saw 60days somewhere before.

please advise me before I go mail it.

the RFE expires on 6/21😵 just 19days left

I am just thankful that I got the response beofre too late.

 

Please advise thank you.

[FeDaniela 673]

11 minutes ago, Pinkrlion said:

Spouse of a LPR cannot adjust in the US

Only way Spouse of an LPR can adjust is if they are the beneficiary or grandparent of the law Section 245(i) I use this law to sent my adjustment of status as spouse of an LPR. Otherwise all LPR Spouse must do consular processing as you mentioned. 

Edited June 3, 2021 by FeDaniela

[FeDaniela 673]

7 minutes ago, Chei-360 said:

i 485 Update

 

Guys something Just !!!

 

I reached out to my congressman in April, I received their response in the email today.

With attached copy of RFE for medical to be sent to local Newark.

this was sent to my old address since March 25th😪 lost in the mail I guess.

 

I am preparing to go mail it now.

my questions is that my medicals was done on March 7 2020, please is it still valid, can i still use it, because i saw 60days somewhere before.

please advise me before I go mail it.

the RFE expires on 6/21😵 just 19days left

I am just thankful that I got the response beofre too late.

 

Please advise thank you.

You must re do the medicals asap, once Doctor signed the I-693 is valid no more than 60 days if it not sent to USCIS. Sent a note clarifying your new address and proof that you previously change it otherwise your Green Card will also be mail to your old address if your interview is waived.

Edited June 3, 2021 by FeDaniela

[isurvived 98]

5 minutes ago, Chei-360 said:

i 485 Update

 

Guys something Just !!!

 

I reached out to my congressman in April, I received their response in the email today.

With attached copy of RFE for medical to be sent to local Newark.

this was sent to my old address since March 25th😪 lost in the mail I guess.

 

I am preparing to go mail it now.

my questions is that my medicals was done on March 7 2020, please is it still valid, can i still use it, because i saw 60days somewhere before.

please advise me before I go mail it.

the RFE expires on 6/21😵 just 19days left

I am just thankful that I got the response beofre too late.

 

Please advise thank you.

I don't think you can use it. But I encourage you see the same Dr. they might give you a discounted rate this time

[Chei-360 48]

5 minutes ago, FeDaniela said:

You must re do the medicals asap, once Doctor signed the I-693 is valid no more than 60 days if it not sent to USCIS. Sent a note clarifying your new address and proof that you previously change it otherwise your Green Card will also be mail to your old address if your interview is waived.

OMG, i paid over $700

I will go to the doctor's off now

I fee like crying😪😵

[FeDaniela 673]

Just now, Chei-360 said:

OMG, i paid over $700

I will go to the doctor's off now

I fee like crying😪😵

I advise you to quote with another USCIS authorized Doctor here is the link to check more option in your area.  https://my.uscis.gov/findadoctor