VAWA, Part 24

[Demise 1,322]

3 hours ago, perseverance_ said:

Hello,

 

Today, I received the receipt notices for my 360, 765, 485 and 131 with received date of January 6th. On the other hand, on January 10th, NBC issued a denial for my previous I-485 because I-130 was withdrawn in December. The notice says since 130 was withdrawn, I have no basis for I-485, it is being denied and I should either file a motion to reconsider or reopen or leave the country in 33 days or I'll be issued an NTA. Along with VAWA I had also sent hold in abeyance letters to both NBC and FO which apparently they completely ignored. What should I do to avoid getting an NTA at this point? submitting 290B? but does that make sense since I already have new pending 485 and 765 applications...can they still reinstate the denied 485 and 765. Also, 290B form is about $675 and I'll need an attorney for filing the motion. Will filing the motion help in any way, or can we send the new receipt notices to NBC along with a letter so they don't refer me to immigration court? Would really appreciate your help in this emergency situation @Demise @sandranj @HustlingStill

 

Thank you

Should've transferred the old I-485 to the I-360 and saved yourself another filing fee but oh well. They will see in the system that you have another I-485 pending, shrug, and do nothing. They won't serve you with an NTA if you have some other benefit application pending before USCIS.

 

Just leave the old I-485 alone. It's dead.

Edited January 18, 2022 by Demise

[Pinkrlion 2,724]

3 hours ago, perseverance_ said:

Hello,

 

Today, I received the receipt notices for my 360, 765, 485 and 131 with received date of January 6th. On the other hand, on January 10th, NBC issued a denial for my previous I-485 because I-130 was withdrawn in December. The notice says since 130 was withdrawn, I have no basis for I-485, it is being denied and I should either file a motion to reconsider or reopen or leave the country in 33 days or I'll be issued an NTA. Along with VAWA I had also sent hold in abeyance letters to both NBC and FO which apparently they completely ignored. What should I do to avoid getting an NTA at this point? submitting 290B? but does that make sense since I already have new pending 485 and 765 applications...can they still reinstate the denied 485 and 765. Also, 290B form is about $675 and I'll need an attorney for filing the motion. Will filing the motion help in any way, or can we send the new receipt notices to NBC along with a letter so they don't refer me to immigration court? Would really appreciate your help in this emergency situation @Demise @sandranj @HustlingStill

 

Thank you

You already refile I-485 so you are fine.

Edited January 18, 2022 by Pinkrlion

[Persica 6]

Thanks so much guys @HustlingStill @Demise @Rhema1 @Pinkrlion  I really appreciate you all.

 

Attorney insists that we should file a 290B. They're saying it's for the best because the uscis shouldn't have denied the application when we sent the hold in abeyance letters to transfer the case from 130 to 360. They're not even charging me for the motion and that they just want protect me from all ends.

 

@Demise we did send hold in abeyance letters to transfer the old 485 to the new one but the uscis ignored them. We filed the new 485 and 765 because attorney was doubtful that they might do this, and if it happens I'll be safe regardless.

 

I don't know... I'm confused.

[Rhema1 342]

1 hour ago, perseverance_ said:

Thanks so much guys @HustlingStill @Demise @Rhema1 @Pinkrlion  I really appreciate you all.

 

Attorney insists that we should file a 290B. They're saying it's for the best because the uscis shouldn't have denied the application when we sent the hold in abeyance letters to transfer the case from 130 to 360. They're not even charging me for the motion and that they just want protect me from all ends.

 

@Demise we did send hold in abeyance letters to transfer the old 485 to the new one but the uscis ignored them. We filed the new 485 and 765 because attorney was doubtful that they might do this, and if it happens I'll be safe regardless.

 

I don't know... I'm confused.

It's normal for you to be confused at this point.  Your attorneys should have known that by asking you to apply a new I-485 when the first one was not yet denied at the time, led USCIS to be in the presence of two I-485s. So they choose not to accept your request to put the first one on HOLD. But instead,  they accepted your second I-485 and issued you a receipt of notice along with your I-360 and new I-765/I-131.

In this case, filing a reopening is trying to keep two I-485s alive. 

By doing so, you will be confusing yourself and even the uscis. 

Many of us,  before coming to this forum, had been misled by some lawyers. 

I think @Demise @Pinkrlion @HustlingStill are right in their advices.

But you're free to follow as from the beginning of your vawa process the advices of your lawyers for they are the ones dealing with your case. 

But again, USCIS will never issue an NTA without looking whether you have another qualifying benefits pending with them or not. 

They are the ones who have issued you a second receipt notice for the new I-485 knowingfully well that the first one was denied because the I-130 has been withdrawn. 

So, do not panic, all will be well. 

Edited January 18, 2022 by Rhema1

[Demise 1,322]

Yeah what @Rhema1 said. There's no reason to file I-290B in this case. I'm not even sure if you can reopen just to transfer an I-485.

Edited January 18, 2022 by TBoneTX
profanity removed

[Rosa Garcia 59]

18 hours ago, RKE said:

" was forced to click on out of processing inquiry" What do you mean ?????

She/he meant that they had to submit the out of normal processing times form as USCIS failed to process the case in timely manner. 

[Pinkrlion 2,724]

11 hours ago, perseverance_ said:

Thanks so much guys @HustlingStill @Demise @Rhema1 @Pinkrlion  I really appreciate you all.

 

Attorney insists that we should file a 290B. They're saying it's for the best because the uscis shouldn't have denied the application when we sent the hold in abeyance letters to transfer the case from 130 to 360. They're not even charging me for the motion and that they just want protect me from all ends.

 

@Demise we did send hold in abeyance letters to transfer the old 485 to the new one but the uscis ignored them. We filed the new 485 and 765 because attorney was doubtful that they might do this, and if it happens I'll be safe regardless.

 

I don't know... I'm confused.

You fail to realize that holding your I-485 is a courtesy, they do not have to do it.  Furthermore, if you file an appeal on the I-485 they denied, it will be denied.  Your application was adjudicated and denied based upon the I-130, it has nothing to do with you writing a letter.  You are wasting your money filing an appeal.  

[dreamer1 320]

Hello everyone, 

 

question, once the 360 is approved, what date do we go by for the previously filed 485? Does the clock resets so to speak? 
 

my 360 was approved 12/2020

485 was applied oct 2018

i am in Newark NJ 

[J2020 94]

Any updates from 2020 filers yet?

[Hope-2020 6]

58 minutes ago, Mubja said:

Any updates from 2020 filers yet?

Feb 2020 filer. Bio done dec 2020. No update no rfe yet. Filed for ead renewal jan 2021. Just got approved today!

[Sandra G. 5,057]

On 1/13/2022 at 11:37 PM, teejay90 said:

Hello Everyone,

 

My Lawyer submitted a renewal application for my c31 EAD renewal on November 11 and we have not recieved any recipt notice. My c31 card expires on Feb 17 and i was wondering if i should file for c09 renewal or call USCIS to see if they can resent the recipt but i do not have any reference number to go with.

 

I need help please.

You should wait the EAD that your attorney filed before.

[Sandra G. 5,057]

21 hours ago, perseverance_ said:

Hello,

 

Today, I received the receipt notices for my 360, 765, 485 and 131 with received date of January 6th. On the other hand, on January 10th, NBC issued a denial for my previous I-485 because I-130 was withdrawn in December. The notice says since 130 was withdrawn, I have no basis for I-485, it is being denied and I should either file a motion to reconsider or reopen or leave the country in 33 days or I'll be issued an NTA. Along with VAWA I had also sent hold in abeyance letters to both NBC and FO which apparently they completely ignored. What should I do to avoid getting an NTA at this point? submitting 290B? but does that make sense since I already have new pending 485 and 765 applications...can they still reinstate the denied 485 and 765. Also, 290B form is about $675 and I'll need an attorney for filing the motion. Will filing the motion help in any way, or can we send the new receipt notices to NBC along with a letter so they don't refer me to immigration court? Would really appreciate your help in this emergency situation @Demise @sandranj @HustlingStill

 

Thank you

Send a letter to the local office asking no to issue the NTA and submit a copy of your I-485  and I-360 receipts.

[Sandra G. 5,057]

On 1/15/2022 at 9:08 AM, Heyyall said:

Hey guys, 

so I found out today all the stuff my husband had been planning. 
how he plans to divorce me 

how he plans to upgrade from me 

how he is using me for only sex. 
 

he filled my I-130 and sponsorship form which are still pending . The thing is I want to switch vawa based on what I saw. I have evidence that I can attach to the form.  Do you guys think my case is a case of vawa? 

You didn't mention any abuse here that you suffered. " Using"  you for sex is not  a ground for VAWA.

[lanim 1]

1 hour ago, Hope-2020 said:

Feb 2020 filer. Bio done dec 2020. No update no rfe yet. Filed for ead renewal jan 2021. Just got approved today!

You mean EAD? 

[Persica 6]

1 hour ago, sandranj said:

Send a letter to the local office asking no to issue the NTA and submit a copy of your I-485  and I-360 receipts.

Hi @sandranj

Thank you for your advise. Can it be a normal letter along with the receipts or should I still file the I-290B along with the letter? I'm worried if they might ignore the letter again, just like they did with the freeze letters, and still issue me an NTA. Thanks