VAWA, Part 23

[Foto 18]

On 8/10/2021 at 4:30 AM, Demise said:

Yeah there is:

https://www.uscis.gov/sites/default/files/document/reports/I360_VAWA_performancedata_fy2021_qtr2.pdf

In general the approval rate hovers around 80%.

 

There's no real public statistics for AAO appeals, but from my own digging it looks like roughly 5% win the appeal (either get an approval by AAO or a remand back to VSC) once it gets to that stage. This is just my guesstimate from reading through their non-precedent decisions.

 

@Priya25

Can someone confirm for me if the above data is true? How can above 12,000 application still be pending since 2012 and also above 6,000 already approved in 2020 are the approve the special immigrant, and does that mean over 24,000 file for vawa from 2021 😳

[Demise 1,237]

3 hours ago, Foto said:

Can someone confirm for me if the above data is true? How can above 12,000 application still be pending since 2012 and also above 6,000 already approved in 2020 are the approve the special immigrant, and does that mean over 24,000 file for vawa from 2021 😳

"Pending" basically means "backlog" at the end of the reporting year (September 30th of the year). It's not that 12k are pending all the way from 2012, all of these have received a decision, it's more that more cases are received than processed so the "pending" number goes up. Same thing with approved/denied numbers, these are the decisions issued within the given fiscal year, regardless of when the petition was received by USCIS.

 

Also my guess is that SIJ cases are easier on USCIS to adjudicate because the discretionary part of it - whether you were a victim of abuse and placed in foster case is done in the state courts, rather than the determination whether you meet the abuse standard being done by USCIS themselves as with VAWA.

[Demise 1,237]

4 hours ago, Rosa Garcia said:

If I were you I would submit inquiry to USCIS questioning my case...here is the link : 

https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

You can't use this service request thing for VAWA (and associated applications like I-485/I-765) due to its privacy "protections". You have to write to Vermont Service Center if you want to ask them what's going on. Though personally I would recommend going through your congressman or senator and having them do a congressional inquiry regarding your case.

@kimberly2020

Edited August 12, 2021 by Demise

[Grego79 37]

Hi guys,

 

my I360 was approved on August 2018 and my I485 was pending since then. I asked ombudsman to help to inquire about the status of my I485 and USCIS just sent me an RFE letter asking for my medical examination in order to make a decision on my case. Those that means that there is not going to be an interview for my I485? I'm just wondering since I heard that most of the time you can bring the medical to the interview. I'm so confused but I'm getting the Medical exam done tomorrow. 

 

Any ideas? Thanks

[BlueTiger92 123]

12 minutes ago, Grego79 said:

Hi guys,

 

my I360 was approved on August 2018 and my I485 was pending since then. I asked ombudsman to help to inquire about the status of my I485 and USCIS just sent me an RFE letter asking for my medical examination in order to make a decision on my case. Those that means that there is not going to be an interview for my I485? I'm just wondering since I heard that most of the time you can bring the medical to the interview. I'm so confused but I'm getting the Medical exam done tomorrow. 

 

Any ideas? Thanks

I'm not 100% sure but I have seen here that people got RFE for medicals and then got 485 approved with a waived interview. wishing you good luck! that's a long wait

[TBoneTX 44,787]

It is Wednesday, and therefore time for the Half-Official Half-Weekly VAWA-Thread Mini-Joke:

=======================================

CAN'T COME TO WORK TODAY

 

A guy phoned his boss and said, "Sorry -- I can't come to work today."

The boss asked, "Why not?  Are you sick?"

The guy said, "It's my eyes."

"Why?  What's wrong with your eyes?"

"I just can't see myself coming to work today."

 

[BlueTiger92 123]

Questions:

1. simple one: how long does it take these days to receive C31 EAD after "Card being produced"

 

2. complicated: is the I-130 + I-485 process different from I-360 + I-485 process in this sense? So, my guess is that if you file via marriage, they call you for an interview and they determine eligibility for 485 but also good faith marriage etc., right? which means I-130 is adjudicated at the same time too and they can ask questions about marriage, shared residence, relationship etc. Does USCIS approve I-130 without an interview?

 

with 360, once its approved, the 485 interview is not supposed to determine all those things that were part of the VAWA approval, right? only eligibility for 485? is this written anywhere that explains it better? (learned on this forum but trying to find something official)

 

lawyer gets me worried about VAWA interview and I tell her once 360 is approved, it should be fine

 

Edited August 12, 2021 by BlueTiger92

[HustlingStill 156]

24 minutes ago, BlueTiger92 said:

Questions:

1. simple one: how long does it take these days to receive C31 EAD after "Card being produced"

 

2. complicated: is the I-130 + I-485 process different from I-360 + I-485 process in this sense? So, my guess is that if you file via marriage, they call you for an interview and they determine eligibility for 485 but also good faith marriage etc., right? which means I-130 is adjudicated at the same time too and they can ask questions about marriage, shared residence, relationship etc. Does USCIS approve I-130 without an interview?

 

with 360, once its approved, the 485 interview is not supposed to determine all those things that were part of the VAWA approval, right? only eligibility for 485? is this written anywhere that explains it better? (learned on this forum but trying to find something official)

 

lawyer gets me worried about VAWA interview and I tell her once 360 is approved, it should be fine

 

A very great question you have asked , this is also to whoever can answer you as. I have the live scenario my interview is scheduled based on i30 since i have concurrent filling of both application been pending for 12 months. USCIS already is aware about it 

[Nomadboy 12]

 

I was trying to get the numbers for the next years what do you guys think? 

[HustlingStill 156]

2 minutes ago, Nomadboy said:

 

I was trying to get the numbers for the next years what do you guys think? 

so you calculated the wait time based on statistics? 

[Demise 1,237]

1 hour ago, Grego79 said:

Hi guys,

 

my I360 was approved on August 2018 and my I485 was pending since then. I asked ombudsman to help to inquire about the status of my I485 and USCIS just sent me an RFE letter asking for my medical examination in order to make a decision on my case. Those that means that there is not going to be an interview for my I485? I'm just wondering since I heard that most of the time you can bring the medical to the interview. I'm so confused but I'm getting the Medical exam done tomorrow. 

 

Any ideas? Thanks

Yep RFE for medicals means that your interview got waived, otherwise they'd send you a courtesy notice telling you to bring them to the interview. They can still RFE you for something else or summon you for an interview regardless if something pops up, but in vast majority case nothing will and you'll get a straight up approval.

 

52 minutes ago, BlueTiger92 said:

Questions:

1. simple one: how long does it take these days to receive C31 EAD after "Card being produced"

 

2. complicated: is the I-130 + I-485 process different from I-360 + I-485 process in this sense? So, my guess is that if you file via marriage, they call you for an interview and they determine eligibility for 485 but also good faith marriage etc., right? which means I-130 is adjudicated at the same time too and they can ask questions about marriage, shared residence, relationship etc. Does USCIS approve I-130 without an interview?

 

with 360, once its approved, the 485 interview is not supposed to determine all those things that were part of the VAWA approval, right? only eligibility for 485? is this written anywhere that explains it better? (learned on this forum but trying to find something official)

 

lawyer gets me worried about VAWA interview and I tell her once 360 is approved, it should be fine

 

1. A week or two after

2. I-130 can be approved without an interview, but only if it was filed standalone and there's no fraud concerns like being in removal proceedings previously. Correct, I-485 interview is only supposed to deal with matter of eligibility for AOS, it's not supposed to revisit the I-360 aside a question if you affirm everything you've said in your I-360. Some idiots will try to do it anyways, in case of which you or your lawyer if present should cut them off and if they don't stop demand a manager.

Edited August 12, 2021 by Demise

[HustlingStill 156]

Just Drafted a letter to send it to Vermont, I would like to share a piece of my words with you all. 

“whatever damage you have done to me, God is all seeing, and he will take justice for truth no matter how much you try to portray me to destroy everything. I know one day truth will prevail and till this day I still pray and will pray that you find peace and love so you can let me go, if justice does not happen in this life it may definitely happen hereafter” .

[sheima 500]

1 hour ago, Grego79 said:

Hi guys,

 

my I360 was approved on August 2018 and my I485 was pending since then. I asked ombudsman to help to inquire about the status of my I485 and USCIS just sent me an RFE letter asking for my medical examination in order to make a decision on my case. Those that means that there is not going to be an interview for my I485? I'm just wondering since I heard that most of the time you can bring the medical to the interview. I'm so confused but I'm getting the Medical exam done tomorrow. 

 

Any ideas? Thanks

Most likely Uscis will waive your interview  and send you a GC if they asked you to send in your medical, when was the last time you went to interview?

[Nomadboy 12]

8 minutes ago, Sk N said:

so you calculated the wait time based on statistics? 

Kind of..

got the data from here 

https://www.uscis.gov/archive/historical-national-average-processing-time-in-months-for-all-uscis-offices-for-select-forms-by

 

didn’t consider 2020 because I don’t think it was 12 months to process 

[HustlingStill 156]

2 minutes ago, Nomadboy said:

Kind of..

got the data from here 

https://www.uscis.gov/archive/historical-national-average-processing-time-in-months-for-all-uscis-offices-for-select-forms-by

 

didn’t consider 2020 because I don’t think it was 12 months to process 

some very rare cases are approved within that time 12.6