VAWA, Part 23

[TBoneTX 45,089]

It is Wednesday, and therefore time for our Semiweekly Semiofficial VAWA-Thread Mini-Joke:

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          Little Johnny's neighbor poked his head over the fence and saw Little Johnny tearfully digging a large hole in his back yard.

          "What's the matter, Johnny?" asked the neighbor.

          "My goldfish died," sobbed Johnny, "and I'm burying him."

          "Why such a big hole for a goldfish?" asked the neighbor.

          "That's because he's inside your cat!"

 

[Liam T 20]

Hi everyone, I hope you are doing well.

 

I read a lot of your cases, I was happy for your good results. But is there anyone rejected? In that case, what should we do? And how success is it?

[Demise 1,263]

27 minutes ago, Liam T said:

Hi everyone, I hope you are doing well.

 

I read a lot of your cases, I was happy for your good results. But is there anyone rejected? In that case, what should we do? And how success is it?

I think we had a few denials, didn't see any denied on the merits of the VAWA claim, but I did see some where USCIS wasn't convinced that a prior divorce was final and therefore the applicant was eligible to marry the abusive spouse.

 

What to do then? You've got a few options:

1. If you are within the 2 year post divorce window you can refile.

2. If you missed some documents and can supply them, you can file a motion to reopen using form I-290B.

3. If you think USCIS erred in applying the law or regulatory requirements, then you can file a motion to reconsider or file an appeal to the AAO using form I-290B.

4. Finally, you can take USCIS to federal court arguing that USCIS acted contrary to the law and the regulations they've imposed basically go contrary to the text of the law and thus are invalid under the Administrative Procedures Act.

 

Appeals I estimate have about a 5% success rate. There's no stats to gauge for motions to reopen/reconsider and lawsuits rarely make the news unless successful.

 

That being said, you won't get a straight up denial. USCIS will first send you an RFE or a NOID (in some cases it's possible to get two RFEs or an RFE followed by a NOID) and give you a period of time to supply more documents for whatever they think is lacking. They will also consider whatever brief you submit with the RFE/NOID allowing you to re-argue the case and dismiss their reasons as total bs in slightly more polite words "I disagree with the assertion that...".

[MariaX 28]

On 9/11/2021 at 3:09 PM, Demise said:

It takes about 2 weeks overall.

congratulation  for your approval. what date of October ?

[luminarc 218]

USCIS loves to receive mail I'm sure, I am spending 7 dollars every time to request prima facie extension smh, going to mail the third time

[Reister 56]

1 hour ago, luminarc said:

USCIS loves to receive mail I'm sure, I am spending 7 dollars every time to request prima facie extension smh, going to mail the third time

If you have attorney on file you can request through their email hotline or phone hotline . 

[HustlingStill 156]

On 9/11/2021 at 12:29 PM, Sk N said:

Good Saturday Everyone, 

I am 2020 filler, i am seeing few people getting approval from 2020 in different forum. My  case has been in initial review since april 2021, and the message is been showing "Correspondence has been received and uscis is reviewing it"... the same status updated again in June 2021 without no notification i was checking my status and saw same update. Should i expect a decision within 120 days? i am on 81 days since last update.. 

@sandranj 

 

Thank you ! 

can anyone respond to this please ?

[trishytrish 15]

Good afternoon. How do you know when your case is transferred from the VAWA office to the national benefits center? Similarly, how do you know when your case is transferred from the national benefits center to your local field office? My case was updated to “fingerprints applied to case” a month ago, they already have it from a few years ago. This is the only update I’ve received. Can I write to congressman to ask if my case has been transferred? Received VAWA approval  notice in May, sent green card application in June. 

Edited September 16, 2021 by trishytrish

[Demise 1,263]

14 minutes ago, trishytrish said:

Good afternoon. How do you know when your case is transferred from the VAWA office to the national benefits center? Similarly, how do you know when your case is transferred from the national benefits center to your local field office? My case was updated to “fingerprints applied to case” a month ago, they already have it from a few years ago. This is the only update I’ve received. Can I write to congressman to ask if my case has been transferred? Received VAWA approval  notice in May, sent green card application in June. 

Easiest way is to make a USCIS account and add the receipt number to your account. That'll let you look at the whole case history. You could do a congressional inquiry, chances are that someone having to actually view your file would cause them to just click on whatever button forwards it to the NBC.

Edited September 16, 2021 by Demise

[Ana FL 242]

28 minutes ago, Sk N said:

can anyone respond to this please ?

What month of 2020 did you file? 

[HustlingStill 156]

6 minutes ago, Ana FL said:

What month of 2020 did you file? 

Thank you ana for replying, PD Is august 2020

[saraa88 31]

On 9/14/2021 at 8:53 PM, Optimistic1986 said:

Hi all, is this the I-485 processing time for us VAWA filers? It’s under family based right?

Is this from when you filed 485 from marriage based or after vawa is approved?

[Ana FL 242]

17 minutes ago, Sk N said:

Thank you ana for replying, PD Is august 2020

Oh I would be surprised if it gets approved now. It’s usually a 18 month minimum of processing time. But with uscis we really never know. The status update just means someone was looking into your case..

[trishytrish 15]

45 minutes ago, Demise said:

Easiest way is to make a USCIS account and add the receipt number to your account. That'll let you look at the whole case history. You could do a congressional inquiry, chances are that someone having to actually view your file would cause them to just click on whatever button forwards it to the NBC.

I do have a USCIS account with all my cases on it 

, that's where I saw that they used the fingerprints I gave a few years back. Is it supposed to tell you when your case is transferred? 

[HustlingStill 156]

14 minutes ago, Ana FL said:

Oh I would be surprised if it gets approved now. It’s usually a 18 month minimum of processing time. But with uscis we really never know. The status update just means someone was looking into your case..

that is absolutely correct i came acrosss people few of them who are approved already filled after me