VAWA, Part 24

[VolksWagon99 5]

14 hours ago, Demise said:

 

2. You can file up 180 days early before expiration. The receipt notice for the renewal extends the previous EAD for 180 days. Each C09 EAD is valid for 2 years.

 

2- Do you get AP also w/ EAD?

- Prima Facie- Why ppl need multiple Prima Facie?

- Is VAWA processing is done at same place where I-130/I-485?

[VolksWagon99 5]

23 minutes ago, VolksWagon99 said:

So, What i understood...VAWA can be filed even after 2 yrs of divorce but won't be approved and you'll be in removal proceedings. Then you can fight cancellation of removal in court based on hardship to yourself or/and to your kid. This kid has to be with abuser?

 

- Do you get EAD in this scenerio?

- Whats the level of hardship to prove, is it too hard?

[Aadi135 68]

Not sure if this is allowed to share here. But i found these random cases on care tracker. Seeing lot of rejections. Any thoughts. 
 

pS i dont know anyone in that case just random search that anyone can do. If no issues please post these pictures 

[luminarc 218]

24 minutes ago, Aadi135 said:

Not sure if this is allowed to share here. But i found these random cases on care tracker. Seeing lot of rejections. Any thoughts. 
 

pS i dont know anyone in that case just random search that anyone can do. If no issues please post these pictures 

Honestly we cannot say, now I believe i360 is used for variety of other petitions, so all these cases denied may not be vawa 

[Liam T 20]

1 hour ago, Aadi135 said:

Not sure if this is allowed to share here. But i found these random cases on care tracker. Seeing lot of rejections. Any thoughts. 
 

pS i dont know anyone in that case just random search that anyone can do. If no issues please post these pictures 

I feel depressed when seeing denied cases.

[Zzz___1 141]

2 minutes ago, Liam T said:

I feel depressed when seeing denied cases.

Don’t feel discouraged quite yet. Vawa still has relatively high chances of approval, imho.

in addition, you never know why the cases have been denied. Maybe they have been withdrawn/abandoned? Maybe an applicant decided to get married and file through their new spouse? Maybe their marriage was ridiculously fake? You never know.

 

based on my personal experience, here is my advice that no one asked for: please, do NOT purposely look up denied cases, since this will make you overthink and stress out like crazy for no reason. Of course it’s good to know which mistakes not to make, but don’t focus on this too much, please. Not worth it. 

 

 

[Demise 1,227]

3 hours ago, VolksWagon99 said:

So, What i understood...VAWA can be filed even after 2 yrs of divorce but won't be approved and you'll be in removal proceedings. Then you can fight cancellation of removal in court based on hardship to yourself or/and to your kid. This kid has to be with abuser?

Cancellation of removal is a bit different. It can only be filed with an immigration court while in removal proceedings and getting yourself placed into removal proceedings when you want to is actually pretty damn hard. In this case you do not file I-360, instead you file EOIR-42B with the court.

Correct, the extreme hardship has to be to yourself or to your child. The kid does not have to be with the abuser, however due to some particular wording of the section of law pertaining to VAWA COR you can file EOIR-42B if you were never married but your mutual child was a victim of abuse by other parent who's a USC or LPR. Basically it's a bit of a mess. 

3 hours ago, VolksWagon99 said:

2- Do you get AP also w/ EAD?

- Prima Facie- Why ppl need multiple Prima Facie?

- Is VAWA processing is done at same place where I-130/I-485?

You can get an AP with the C09 EAD, however filing for a renewal only extends your employment eligibility, NOT the advance parole, so if you plan to travel, make sure that you're back while the prior EAD is still valid, do not bank on getting lucky and getting the renewal approved while you're abroad.

 

3 hours ago, VolksWagon99 said:

- Do you get EAD in this scenerio?

- Whats the level of hardship to prove, is it too hard?

Yes, while you have a pending EOIR-42B with the court you can file I-765 with USCIS under the category code C10.

Let me do another list for a C10:

Basis of eligibility: Pending EOIR-42B

Cost: $410 for initial and renewals (or you will need a fee waiver, ideally from the judge)

Validity: 1 year

Automatic 180 day extension: Yes

Can have advance parole (combo card): No

 

The term used is extreme hardship, which is the same standard that's used for things like unlawful presence waivers. It is difficult and it goes above just being forced to move to a crappier country but it is far from insurmountable. That being said, I do not under any circumstances recommend DIYing a COR case.

Edited December 17, 2021 by Demise

[Pinkrlion 2,672]

18 hours ago, VolksWagon99 said:

 

I hope i'll finish it before getting the approval  lol

 

We all have been awake at night due to stress of abuse and read the threads every night.  The threads provide insight, comfort, and understanding that you are not alone in dealing with abuse, and the fear of the unknown with immigration.  

 

 

[SalishSea 17,444]

3 hours ago, Aadi135 said:

Not sure if this is allowed to share here. But i found these random cases on care tracker. Seeing lot of rejections. Any thoughts. 
 

pS i dont know anyone in that case just random search that anyone can do. If no issues please post these pictures 

Seems odd, since no one on this thread ever seems to have their case denied.

[HustlingStill 156]

2 hours ago, Jorgedig said:

Seems odd, since no one on this thread ever seems to have their case denied.

I have messaged you long time ago, can you clean up your inbox?

[SalishSea 17,444]

7 minutes ago, HustlingStill said:

I have messaged you long time ago, can you clean up your inbox?

Me?  I don't have any unread messages and the inbox has plenty of storage space.

[HustlingStill 156]

9 minutes ago, Jorgedig said:

Me?  I don't have any unread messages and the inbox has plenty of storage space.

i am messaging you now

[Demise 1,227]

7 hours ago, Aadi135 said:

Not sure if this is allowed to share here. But i found these random cases on care tracker. Seeing lot of rejections. Any thoughts. 
 

pS i dont know anyone in that case just random search that anyone can do. If no issues please post these pictures

I wouldn't recommend looking at random cases because you will drive yourself mad. I've done it for mine, I looked like 200 cases before and after mine and I swear that I was one of the last ones to get a decision on mine.

 

If you want to look at stats just get the chart from USCIS: https://www.uscis.gov/sites/default/files/document/data/I360_VAWA_performancedata_fy2021_qtr4.pdf

 

Looks like for FY 2021 the approval rate for spouses was about 68.8%, which seems a bit down. Maybe they're clearing out the backlog by denying cases that lack merit.

Edited December 18, 2021 by Demise

[anita21 41]

On 12/5/2021 at 4:11 PM, hopingwgrace said:

Congratulations! 

Which taxes did the officer ask for? Did the Interview Notice request taxes?

she request last year taxes.

[anita21 41]

CARD FINALLY IN HAND.>>YAY!!!!!..I HAVE ALREADY BOOKED MY FLIGHT LOL

 

My journey is finally over

 

this is a 2/3 years of exreme anxiety of depression.

eversince i got my card im feeling an internally healing in me.

-

2years ago i was in a nightmare.. this thread gave me hope. God bless everyone helping people here.. esp Sandra and the rest.

 

This place is a place of refuge.

 

I will try my best to always come back to answers questions as best as i can.

 

I know someone here is wishing to be like me right now.  i want to encourage you that your time will come. believe me i never thought i would see this day...  2yrs ago i couldnt even visualize it but God made it possible becuase He hads broken the gate of brass.

God bless everyone...PEACE!