VAWA, Part 24

[Pinkrlion 2,724]

10 hours ago, Mubja said:

Hi

I’ve been struggling looking for answers for a long time and the attorney isn’t really putting any effort with resources. 

 

My attorney submitted the VAWA for me on January 22 2020 while I was in California, did the biometrics in February 2020 and received the prima facie March 2020. Then I haven’t heard anything from USCIS after. The processing time went from 16 months, to 21 months, to 26 months, 28 months, and now 29.5 months and it just keeps adding more time so the attorney said I can’t inquire because it’s still not outside the processing time. 

 

In March 2021, my parents got extremely sick and was admitted to the ICU back in my home country and things were just beyond bad with my abusive spouse in the US. I was afraid to lose my parents before seeing them, so I contacted my attorney and she told me that i cannot apply for an advance parole before my I-360 was approved. But I can still process my case through consular processing with the US embassy in the home country. The struggle was real at this point with my abusive spouse and the fear of losing my parents. I had to leave the States so I can be with my parents who passed away few months after i arrived home. I already regret not seeing them for years so that short time seeing them was worth it. 

 

I contacted my attorney to ask her how I can process my case through the embassy. But she said all I can do is wait. Couple months after, she told me that the vawa program she has was not funded anymore and she cannot represent us anymore, so all the clients have to look for a new attorney. I was referred to her friend who is a vawa representing attorney, and she agreed to represent me and pay her when she does any work for me since all the papers were already filed and there’s no work left. So all she can do is receive any notices mailed by USCIS. So on November 20 2021 my case got updated to “name was updated” and that’s about it. No more update on my case. So every time I ask her a question, she tells me that I have to pay $250 for a consultation. 

 

I am dealing with death threats for honor killing  as a female, and I’m not safe here back home and after my dad passed away things just got worse because he was the only one protecting me. so being in the US I was away from death threats before ending up with an abusive spouse and him knowing I have no support did not help at all. 

 

Now I want to ask if anyone is dealing with a pending vawa outside the US and waiting for approval to go through the consular processing, or even dealing with something similar as me? and if this will affect my case in anyway. Is there any way I can get any updates or details on my case? Or if there’s a way I can get my case processed faster? Or if I can contact a Congressman in the US or a tier 2 agent from abroad. Is there anyway I can go back to the States even if my vawa is still pending?

 

Any information can help, I’ve been traumatized, depressed, and struggling trying to be stress free and settle down somewhere safe. 

 

Thanks for posting.   There are a couple on VJ here that are processing their VAWA from overseas.  You need to change your address to where you are now, and change your file to counselar processing, to get your information.  It takes a little while longer with overseas processing due to everything will be by mail.  You need to file to remove the lawyer from your case, so that all correspondence will now come to you and not the lawyer.  You cannot file for I-485, I-765, and I-131 now that you have left the country.  @cashweed

@natalysmile

@sandranj

Edited December 24, 2021 by Pinkrlion

[Pinkrlion 2,724]

1 hour ago, Mubja said:

Thank you for the info, this help explain it more than what the attorney said. 
 

the I-360 was filed in 2020 while I was still living in California. But when I had to leave the states and my attorney said I’m not illegible for an AP till my I-360 is approved, I left the States to see my parents after the attorney assured me that I can still continue to process vawa and I-360 self petition through consular processing in the home country. 

It sounds like the lawyer checked on the application to issue you your work authorization card after VAWA approved, but that is seperate from AP.  

[J2020 94]

28 minutes ago, Pinkrlion said:

Thanks for posting.   There are a couple on VJ here that are processing their VAWA from overseas.  You need to change your address to where you are now, and change your file to counselar processing, to get your information.  It takes a little while longer with overseas processing due to everything will be by mail.  You need to file to remove the lawyer from your case, so that all correspondence will now come to you and not the lawyer.  You cannot file for I-485, I-765, and I-131 now that you have left the country.  @cashweed

@natalysmile

@sandranj

I asked my attorney if I should do that and she said no it’s better to wait till the i-360 is approved then ask them to do the consular processing. She said it’s faster that way. But what do you recommend?

[SJLN 56]

10 minutes ago, Mubja said:

 

Hi @Mubja

 

I'm sorry for your situation.

Luckily you shared your situation here. I believe you will receive the great support as I did. 

All the best to you 

[Shroy123 751]

4 hours ago, Mubja said:

She said USCIS won’t accept a request for an AP before the approval of the i-360

You need to file it with i485. Is your attorney real?? 😳

[Mahi Bansi 8]

Hello people; I lived in NJ (Union City) area since Dec/2019, and in Jersey City area since Aug/2019 to Dec/2019.

1. Can someone please tell me what the background check procedure will be?

2. Should I directly approach the local police station in both these areas and ask for police clearance certificate?

3. I read that they want previous 3 year police report but before Aug/2019 I was in my country. Do I have to get background check from there?

4. How much time it takes to get these clearance certificates?

5. Do I have to get some FBI background check? I have no idea how to get it.

 

Thank you for your time, fam!

[Pinkrlion 2,724]

2 hours ago, Mahi Bansi said:

Hello people; I lived in NJ (Union City) area since Dec/2019, and in Jersey City area since Aug/2019 to Dec/2019.

1. Can someone please tell me what the background check procedure will be?

2. Should I directly approach the local police station in both these areas and ask for police clearance certificate?

3. I read that they want previous 3 year police report but before Aug/2019 I was in my country. Do I have to get background check from there?

4. How much time it takes to get these clearance certificates?

5. Do I have to get some FBI background check? I have no idea how to get it.

 

Thank you for your time, fam!

You need to obtain fingerprint based  police certificates from everywhere you lived in the past 3 years including your home country in your married and maiden name.  

[Mahi Bansi 8]

12 minutes ago, Pinkrlion said:

You need to obtain fingerprint based  police certificates from everywhere you lived in the past 3 years including your home country in your married and maiden name.  

Thanks for the response! Can you tell me what is the procedure to obtain those in US?

[Pinkrlion 2,724]

59 minutes ago, Mahi Bansi said:

Thanks for the response! Can you tell me what is the procedure to obtain those in US?

You have to contact the police department in each county and they will give instructions.  Google them

[Louiszzz 26]

Hi everyone,

 

i had my vawa approved and sent my i485, working permit and parole two weeks ago to vermont. USPS already delivered it but i did not have any update, do you guys know how long it takes for USCIS to update and start working on it? They didn’t even processed my check.

 

thank you

[StanSmith 57]

Hey folks! So I got RFE for medical a couple of weeks ago sent it right away. Do u think it’s GC without interview? My vawa was approved long time ago

[luminarc 218]

1 hour ago, Louiszzz said:

Hi everyone,

 

i had my vawa approved and sent my i485, working permit and parole two weeks ago to vermont. USPS already delivered it but i did not have any update, do you guys know how long it takes for USCIS to update and start working on it? They didn’t even processed my check.

 

thank you

Wait at least another 2 weeks, it is taking a while for them to even send receipt now.

1 hour ago, StanSmith said:

Hey folks! So I got RFE for medical a couple of weeks ago sent it right away. Do u think it’s GC without interview? My vawa was approved long time ago

Very likely. Good luck

[shiva32 240]

2 hours ago, StanSmith said:

Hey folks! So I got RFE for medical a couple of weeks ago sent it right away. Do u think it’s GC without interview? My vawa was approved long time ago

Congrats on your soon to arrive green card in advance! Please let us know when your VAWA / i360 was approved. 

[TBoneTX 45,863]

Merry Christmas to all here who celebrate it.

Rely on the spirit of the season for strength and hope.  

[StanSmith 57]

So my timeline is

 

 

i360+i485 in June 2019

vawa approved February 2021

i360approval notice April 2021

I485 scheduled in my old state on July 2021(they had to send my paperwork to my field office couldn’t take my interview so basically told me they will reschedule and was silence since july) 

December 2021 rfe for medical.

 

 

idk what’s going on with my case and what to expect