VAWA, Part 24

[shiva32 240]

22 hours ago, FAP said:

Hello family, 

This is kinda unique situation and I need help. I've never seen something like my current situation on this forum so... Filed I360 Nov 12, 2019, had to update my name and got a receipt for that December 2019. Received initial PF December 2019. 

Filed I485 and I765 April 2021, got C09 in early July (super fast)

At the same time requested PF got one valid for 6 months

Nov 19 got another PF valid 6 montgs

Absolute silence from Vermont regarding I360, no RFE,  nothing.

Today my Lawfully app started blinking saying that my I485 was sent to local field office to be scheduled for interview?!

How is this even possible?

No C31, no I360 approval notice - nothing!

How long it usually takes after I360 approval for case to be transferred to field office?

So many questions, so confused!

@demise

@shiva32

@sandranj

 

please help

Two possibilities that I can think of for my filing date buddy (11/12/19 is my PD too  )

1. They approved VAWA and forgot to update in system and send you C31 EAD. Its unlikely, but I have seen one or two reports of this happening. 

2.  They transferred your I485 for "faster processing" before approval of VAWA / I360. They did this for me last year, was really confusing. 

 

I would suggest you submit case status inquiry for I360 and I485 through your local senator, since they will do it right and Vermont cannot "miss" the communication from senator's official channel. That should clarify the situation for you. Please don't waste money on asking your lawyer if you have one, they are usually clueless about this stuff. VSC always got back to senator's inquiries within a month for me.  

 

My I360 was approved last month, hoping that yours is already approved or else gets approved soon!

 

[VolksWagon99 5]

On 12/26/2021 at 9:38 AM, Demise said:

You can file I-290B after a denial to get an appeal going after denial. That being said from my reading of AAO decisions it looks like maybe 5% prevail on appeal. Most cases that get there are basically defective from the get go and there's generally no curing that.

 

That being said, USCIS won't issue a straight up denial on an I-360, you will get an RFE or a NOID (or in some cases 1 of each) to let you address any inconsistencies, deficiencies, etc before they'll deny you.

Any idea whats the over all approval rate for VAWA? And does that varies on diff states/Offices?

 

 

 

19 hours ago, Touna said:

You are completely wrong On this one, 

If you file an appeal , the appeal goes to Vermont first to take another look , and sometimes they approve it after a denial,  if they are still denying,  then it goes to AAO.

...And how you file the appeal after AAO too denies it? What are most usual reasons for denials?

[Touna 24]

40 minutes ago, VolksWagon99 said:

Any idea whats the over all approval rate for VAWA? And does that varies on diff states/Offices?

 

 

 

...And how you file the appeal after AAO too denies it? What are most usual reasons for denials?

US District Court of Appeals 

[shiva32 240]

Hi All, I spoke to an attorney this morning (Brad Banias, of Wasden Banias law firm) regarding class action litigation for the long delays in EAD / Advance Parole and VAWA / I360 processing. I did this at the request of about 10 people in a Whatsapp group for VAWA applicants - you know, other people just like us.

 

This lawyer was a government lawyer previously and defended department of justice  / USCIS in cases filed against these organisations in the past. So he knows how they work - has inside knowledge. He has had success with joint lawsuits / class action suits against USCIS for U visa case delays. U visa is for victims of crimes, so somewhat like VAWA. He is hopeful that class action / joint lawsuit for EAD / AP and I360 / VAWA processing delays will have positive results. If USCIS is unable to defend their processing delays in court, they will probably settle by processing the EAD / AP  ASAP for people who filed suit. If they judge agrees that I360 processing time is too long,  then judge may order a limit on VAWA processing time, just like asylum EAD's were court ordered to be processed within 30 days some years ago. This could end up benefitting all VAWA filers. Very few immigration lawyers in the country understand or file class action lawsuits against USCIS, this is a subspecialist area. 

 

The price to join this lawsuit is between $2000 to $3000. I know the amount is a bit high, I told him that. Probably we can negotiate down a little bit if more than 30 people join. I want to make it very clear that I have zero benefit from all this, only doing this because I hate the delays.

 

Who should consider joining: 

- if your C9 EAD / AP (initial or renewal) is pending for more  than 6 months - and you are not able to work or are about to lose work authorization because of this. You could file expedite request, but few people can meet the stringent expedite criteria set up by USCIS.

- If your I360 / VAWA has been pending for more than a year. 

 

Joining this lawsuit will not impact your case negatively.  

 

Brad Banias created a Whatsapp group for anyone interested, please click on it to join the group. The link is pasted below. He will set up a group Whatsapp call in a couple weeks to answer questions and discuss details. No charge for that, of course. Please don't post anything in the group, its only to set up the group call and to get an estimate of number of people interested. His summary of what he plans for the suit, and suit criteria are posted below as well. 

 

Brad Banias Whatsapp group link for the class action lawsuit: 

https://chat.whatsapp.com/FEzfbbGDyev5TGHIlg4049

 

Please let me know your questions.

Disclaimer: I wont be joining the lawsuit, since my I360 is approved and I have C31 EAD. I had found out about these kinds of lawsuits and started the search for a good class action lawyer a few months ago, but then I got the vawa and C31 EAD approval last month. I will however sue USCIS if they delay my I485 for more than 6 months after my VAWA approval. I am tired of waiting, its been more than two years already. 

 

 

 

[shiva32 240]

From Brad Banias: 

I think an interim benefits (EAD / AP) with all VAWA-based AOSs will be a very good story to tell the court. I’ve had a lot of good results in similar litigation for U visas. You can see some of the cases here: https://www.wasdenbanias.com/uvisalitigation Keep in mind the processing times for U visas is 5 years, and we’ve been able to settle cases (after defeating an initial motion to dismiss) after 12 months. 

[Odessa85 24]

Hello VJ Family,

 

I got this today and I don’t know if I will review again my case. 

[Zzz___1 141]

7 minutes ago, Odessa85 said:

Hello VJ Family,

 

I got this today and I don’t know if I will review again my case. 

They probably just need to check in with a supervisor or Sth like that to issue an approval. A bunch of people might still be on vacations etc. too.

[AA.Bailey 51]

25 minutes ago, Odessa85 said:

Hello VJ Family,

 

I got this today and I don’t know if I will review again my case. 

Wow I'm jelly lol 😆 I did interview in April and still haven't heard anything. Not even an update to show interview was done 😸

[Odessa85 24]

24 minutes ago, AA.Bailey said:

Wow I'm jelly lol 😆 I did interview in April and still haven't heard anything. Not even an update to show interview was done 😸

Oh wow! I hope you’ll get an approval soon🙏🏼

[balo101 666]

1 hour ago, Odessa85 said:

Hello VJ Family,

 

I got this today and I don’t know if I will review again my case. 

My heart says tomorrow morning you will get approval message!!

[Priya25 42]

1 hour ago, balo101 said:

I have to renew my EAD/AP should I be renewing it under c09 or c31. Also which all supporting documents I should submit. Should i fill out both i-765 and i-131 and send or only i-765

 

Edited December 29, 2021 by Priya25

[BlueTiger92 123]

14 hours ago, AA.Bailey said:

Wow I'm jelly lol 😆 I did interview in April and still haven't heard anything. Not even an update to show interview was done 😸

wow! have you followed up with your local office? that's a long delay...

[AA.Bailey 51]

2 hours ago, BlueTiger92 said:

wow! have you followed up with your local office? that's a long delay...

Haha I wish I knew how to. Because all I keep hearing is that if I wanna find out about my case I have to write ✍️ a ✉️ letter to Vermont service center

[Rhema1 342]

32 minutes ago, AA.Bailey said:

Haha I wish I knew how to. Because all I keep hearing is that if I wanna find out about my case I have to write ✍️ a ✉️ letter to Vermont service center

At this point, the best way is to submit your case inquiries through the Congressional liaison. 

USCIS usually respond to the congressman within 30 days after the query has been submitted. 

[natalysmile 75]

Hello. I am looking   people who have submitted a Petition like me from their home country. and who left America and are waiting in their country
i need advice ,who is waiting for a visa.