VAWA, Part 24

[TBoneTX 45,910]

Our Official VAWA-Thread Jokes are known to evoke  bring about  are correlated with approvals and positive case news.  Here, therefore, is our most recent Official Sunday VAWA-Thread joke:

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

AN OUNCE OF BRAIN

 

A man was lying in the hospital, waiting to be the first person in history to receive a brain transplant.

 

A doctor came in and said, "Congratulations!  But unfortunately, because this is a new procedure, your insurance isn't going to cover it all.  Therefore, we're going to give you 3 choices of brains, and you can decide which you can afford."

 

"OK -- what are they?" the man asked the doctor.

 

The doctor said, "Well, first, there's engineer brain, which is $100 an ounce.  Then, there's astrophysicist brain; that will cost you $200 an ounce.  Finally, there's politician brain.  That's the most expensive at $1,000 an ounce."

 

The man looked at the doctor, surprised, and said, "That's absurd!  Why is the politician brain so expensive?"

 

The doctor looked seriously at him and said, "Sir, do you have any idea how MANY politicians it takes to get an ounce of brain?"

 

Edited October 31, 2021 by TBoneTX

[Demise 1,324]

9 hours ago, shiva32 said:

Very good to know, thank you. Question - if there is no prior history of unlawful presence, then the "period of authorized stay" during pending VAWA petition doesn't count toward unlawful presence, right?  @Demise this is a question for you too. 

 

Every attorney I talk to has a different answer for the AP travel question. I would very much prefer to be back on valid h1b status. 

Pending I-360 - no.

Pending I-485 - yes.

 

Like, travel and return on AP definitely does not trigger the re-entry bars as per Matter of Arrabally (BIA, 2012). H-1B is a bit fuzzy, what you could do is get AP, go attend the consular interview, bring the receipts that you were in a period in period of authorized stay, and if the consulate tells you to kick rocks then you still have AP to just come back to US and continue your I-485.

Yes it is weird that a ban can both apply and not apply depending on what you're doing, but that's just how it is.

[Reister 56]

9 hours ago, shiva32 said:

Very good to know, thank you. Question - if there is no prior history of unlawful presence, then the "period of authorized stay" during pending VAWA petition doesn't count toward unlawful presence, right?  @Demise this is a question for you too. 

 

Every attorney I talk to has a different answer for the AP travel question. I would very much prefer to be back on valid h1b status. 

While your VAWA is pending the period of authorized stay doesn’t count as unlawful presence . 

[RD31 10]

Hello, 

 

I485 was filed in Aug 2018 and while that was in process, vawa petition was filed in Aug 2019 and i485 was requested to be held in abeyance. Vawa got approved july2021 and i485 was transferred to nbc in aug 2021. How long does it take for i485 to get approved? Anyway to expedite this as i485 is pending since 2018. All i485 docs were submitted then and even interview was completed. But i didn't get decision after interview since medical was missing then. Vawa happened just few months after the i485 decision was pending and medical submitted. 

[Double 40]

On 10/22/2021 at 3:24 AM, SteRoss said:

I have a question in regard to looking up the case status using a receipt number.

 

My sister is currently applying for a VAWA green card. It's really a bogus case. She never experienced any sort of abuse. She came to the USA as a tourist, got married to a man 30 years older than her, and the man never applied for a green card so she's been without papers for 15 years. Three years ago they divorced, no children. She does not want to go back to her home country so she's claiming he abused her. No police records, no evidence of abuse, never mentioned it to anyone. I know my sister and she didn't experience any sort of abuse. She's a habitual liar and will say anything to get her way.

I look at women who have truly been abused and it sickens me to see my sister take advantage of the VAWA application and make the process longer for others who have really been abused.

 

Anyway my father has been bankrolling her since the divorce. At first she was able to work (she never did but had the paper) however she doesn't have that permission any longer. She keeps telling my father that it will just be a little bit longer until her green card is approved.

 

My father wanted to see proof of the case status so he wanted her to show the status of the case using the receipt number. My sister said this isn't possible since it was privacy protection against the abuser. The only want to look the case up is to go to a government office and access it through there. My sister said that even she can't look up the status online using the receipt number. The lawyer has said the same thing.

 

The lawyer is charging $6000 for the service. I'm a bit skeptical they are doing things correctly.

 

My question is: under any circumstance is it not possible to look up the status online using the receipt number? And the only want to go this is to goto the government office and access it in person?

 

Mind your business … politely. 😃 You sound like a spouse that’s trying to ruin “your sister’s” case. 

[Demise 1,324]

On 10/30/2021 at 9:51 PM, Reister said:

The purpose of AP is to enable you to travel for short term while your case is being adjudicated . The only issue I have heard people had was when they have unlawful presence before getting paroled or any kind of status . When you leave the US while accumulating unlawful presence . It might cause a problem at the re-entry . If you have never fell out of legal status . You have nothing to worry about .

Travel on AP with unlawful presence does not trigger the re-entry bars as per Matter of Arrabally (BIA, 2012). BIA basically ruled that it makes no sense for USCIS to grant you a permission to travel abroad and then turn around and ban you.

 

Do however note that AP does not go around anything else, if you are inadmissible for any other reason CBP can still deny you re-entry or parole you for removal proceedings and let the IJ decide what to do with you. Also be mindful of any covid-19 related travel restrictions since AP does not overcome those making you either have the vaccinations, fall into one of the exempt groups of people (e.g. parent of unmarried US Citizen under 21), or travel and quarantine via a non-restricted country.

[balo101 669]

@Demise

And others 

 

It's been a month USCIS received my renewal applications for AP and EAD. However, i have not received receipts notices yet. 

 

Should i worry or give it some more time?

 

Thanks.

[Aarontx90 60]

Hello Family, It’s nice to see alot of approvals and interview letter, I am hoping some one can share insights on my situation  ,, Since i have filled my case on 20th May 2019c there wasn’t anything and 2nd prima facia expired in December 2020, never recieved the 3rd one, then sent in renewed passport and Phycologist’s letter in June 8 and now it show’s that correspondence was received on 8th October 2021, under I-360,  but when I contacted my senator they recieved a responee that the case was received on November 12 2020, rather then May 2019, even tho I have reciepts and prima faicia’s. The senator’s offices say they couldn’t help much. And ead combo’s renewal is pending since March 2021, 

I do need suggestions what to do next? Should I get an info pass? Or call the Uscis’s helpline.

 

[balo101 669]

12 minutes ago, Aarontx90 said:

 

Hello Family, It’s nice to see alot of approvals and interview letter, I am hoping some one can share insights on my situation  ,, Since i have filled my case on 20th May 2019c there wasn’t anything and 2nd prima facia expired in December 2020, never recieved the 3rd one, then sent in renewed passport and Phycologist’s letter in June 8 and now it show’s that correspondence was received on 8th October 2021, under I-360,  but when I contacted my senator they recieved a responee that the case was received on November 12 2020, rather then May 2019, even tho I have reciepts and prima faicia’s. The senator’s offices say they couldn’t help much. And ead combo’s renewal is pending since March 2021, 

I do need suggestions what to do next? Should I get an info pass? Or call the Uscis’s helpline.

 

Have you tried to reach out to congress person or ombudsman? 

[Aarontx90 60]

8 minutes ago, balo101 said:

Have you tried to reach out to congress person or ombudsman? 

Yes, I did reach out to my senator and they received the response that my case received on November 12 2020, though I’ve filled the case in May 2019 and have prima facia in June 2019

[balo101 669]

8 minutes ago, Aarontx90 said:

Yes, I did reach out to my senator and they received the response that my case received on November 12 2020, though I’ve filled the case in May 2019 and have prima facia in June 2019

I would say try to write to USCIS and even ask for prima facia. 

[Reister 56]

18 minutes ago, Mkenyan said:

 

No point making an info pass appointment. It will waste your time and won’t get you answers . They will send you the same generic response like the one I attached below . 

[Reister 56]

6 hours ago, Demise said:

Travel on AP with unlawful presence does not trigger the re-entry bars as per Matter of Arrabally (BIA, 2012). BIA basically ruled that it makes no sense for USCIS to grant you a permission to travel abroad and then turn around and ban you.

 

Do however note that AP does not go around anything else, if you are inadmissible for any other reason CBP can still deny you re-entry or parole you for removal proceedings and let the IJ decide what to do with you. Also be mindful of any covid-19 related travel restrictions since AP does not overcome those making you either have the vaccinations, fall into one of the exempt groups of people (e.g. parent of unmarried US Citizen under 21), or travel and quarantine via a non-restricted country.

Thank you for the info . 

[Zzz___1 141]

Hi everyone, I have received c31 EAD which is valid for a year (through Sept 2022). I also have my c9 EAD which expires in May 2022. My question is, when it comes to renewal, am I obligated to renew my C31, or can I apply for c9 renewal as well/c9 renewal only? My assumption is that USCIS won’t let me have 2 EADs but I am not quite sure of that.

 

any insight would be much appreciated.

thank you!

[FeDaniela 673]

32 minutes ago, Zzz___1 said:

Hi everyone, I have received c31 EAD which is valid for a year (through Sept 2022). I also have my c9 EAD which expires in May 2022. My question is, when it comes to renewal, am I obligated to renew my C31, or can I apply for c9 renewal as well/c9 renewal only? My assumption is that USCIS won’t let me have 2 EADs but I am not quite sure of that.

 

any insight would be much appreciated.

thank you!

You are not obligate to renew C31, you only need one EAD to work you can choose either both, But I recommend C09, for my personal experience C31 seems to take longer to be validated on some state agency like DMV, Medicaid etc.... C09 is better for me.