VAWA, Part 25

[Karman 58]

Hello Fam,

 

In two weeks I will be leaving for India for approximately 4 months and will be back in October. I have a couple of question,

1) Does being out of status trigger 3 year or 5 year ban when entering US on advance parole?

2) What are the major documents do I have to keep it ready for CBP other than passport and EAD?

 

I am not in removal proceeding nor have applied for asylum neither have any criminal history, so, I am willing to take the risk on traveling on AP. 

I-360 PD june 2021

[Rhema1 342]

31 minutes ago, Karman said:

Hello Fam,

 

In two weeks I will be leaving for India for approximately 4 months and will be back in October. I have a couple of question,

1) Does being out of status trigger 3 year or 5 year ban when entering US on advance parole?

2) What are the major documents do I have to keep it ready for CBP other than passport and EAD?

 

I am not in removal proceeding nor have applied for asylum neither have any criminal history, so, I am willing to take the risk on traveling on AP. 

I-360 PD june 2021

There is no risk of traveling to your home country under an EAD/AP if you not in a removal proceeding, neither have applied for any asylum. 

The purpose AP is to travel outside USA and to come back without any problem as long as it's still valid. 

Just have to have to get a valid negative Covid-19 test.

I have traveled several times out the country and re entered without any problems. You will only face a second inspection that would take only few minutes at any port of entry to verify whether your form I-485 is still pending. 

[Karman 58]

1 hour ago, Rhema1 said:

There is no risk of traveling to your home country under an EAD/AP if you not in a removal proceeding, neither have applied for any asylum. 

The purpose AP is to travel outside USA and to come back without any problem as long as it's still valid. 

Just have to have to get a valid negative Covid-19 test.

I have traveled several times out the country and re entered without any problems. You will only face a second inspection that would take only few minutes at any port of entry to verify whether your form I-485 is still pending. 

Thank you @Rhema1 for your reply, Can you tell me what all documents you have carried with yourself ?

[Rhema1 342]

1 hour ago, Karman said:

Thank you @Rhema1 for your reply, Can you tell me what all documents you have carried with yourself ?

Your valid AP, your valid passport and a valid negative Covid-19 test are documents required to enter USA.

Nothing else. 

[TBoneTX 45,598]

It is Wednesday, meaning it's time for our Semiofficial Semiweekly VAWA-Thread Joke:

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

THE PRINCE'S CURSE

 

A prince was put under a spell so that he could speak only one word each year.  If he didn't speak for two years, the next year he could speak two words, and so on.

 

One day, he fell in love with a beautiful lady.  He refrained from speaking for two whole years so that he could call her "my darling."  But then he wanted to tell her that he loved her, so he waited three more years.  At the end of these five years, he wanted to ask her to marry him, so he waited another four years.

 

Finally, as his ninth year of silence ended, he led the lady to the most romantic place in the kingdom and said, "My darling, I love you!  Will you marry me?"

 

And the lady said, "What was that again?"

 

[Rhema1 342]

9 hours ago, shiva32 said:

My timeline is below (its always posted in signature section): I think it  shows up only if you are using the desktop version of the website, not on mobile / phone version. Anyway, my I485 case was transferred to NBC on September 30, 2020, and my VAWA I360 was approved in November 2021. 

 

Complete Timeline: 

Divorced US citizen spouse in December 2017. 

Filed I-360 on Nov 12, 2019

Filed I485/ C31 EAD / AP in Feb 2020 (Stupid lawyer filed C31 instead of C9, and I didnt know EAD codes, didnt know about this VJ forum either)

On H1b status since 2014, H1b 6 years expired in May 2020. Out of status / Period of authorized stay since then. 

Amended EAD petition to C9 and filed expedite request for same in mid-may 2020. 

C9 EAD approved June 4, 2020. 

Biometrics done in Oct 2020. 

I485 case transferred to NBC for "faster processing" on September 30, 2020

Filed C9 EAD / AP Renewal petition in February 2021. (still pending)

Initial Advance Parole (from Feb 2020 application) approved in June 2021. 

C31 EAD production update - Nov 1st, 2021. 

C31 card delivered to attorney's office on Nov 8, 2021. 

I-360 case approved status update - Nov 22, 2021. 

No RFE throughout. 

Currently waiting for I485 processing / I693 deficiency notice / Medicals RFE / interview scheduling as applicable. 

Senator's office confirmed via congressional inquiry that the St. Louis office has received the I485 file and is currently awaiting interview scheduling - March 7, 2022

Thanks for your timeline. 

It helps to know that your form I-360 took almost 4 months from the approval  to reach your local office. 

I can guess by what I noticed on this thread that generally Vermont transfers approved cases to NBC within 3months . But after, to be transferred from NBC to your local office now depends of how faster they will take to complete their reviews. 

[shiva32 240]

3 hours ago, Rhema1 said:

Thanks for your timeline. 

It helps to know that your form I-360 took almost 4 months from the approval  to reach your local office. 

I can guess by what I noticed on this thread that generally Vermont transfers approved cases to NBC within 3months . But after, to be transferred from NBC to your local office now depends of how faster they will take to complete their reviews. 

You are doing great tracking the components in the forum. Best case scenario I have seen from vawa approval to green card in hand timeline is 4-5 months. Average is 9-12 months. Some take much longer than average. 

[Rhema1 342]

22 minutes ago, shiva32 said:

You are doing great tracking the components in the forum. Best case scenario I have seen from vawa approval to green card in hand timeline is 4-5 months. Average is 9-12 months. Some take much longer than average. 

Yeah, that's right @shiva32

By following this thread thoroughly, I realized that generally,  the 4-5 months are those who had their I-485 on HOLD and their cases outside of normal processing time in their local offices. 

The 9-12 months are those who filed concurrently the I-485  and the I-360 and their cases where not outside of normal processing time in their local offices. 

Those much longer are those who submitted their I-485 after vawa approval or more later after their form I-360 submission. 

[Sandra G. 5,054]

22 hours ago, Engineering-rocks said:

Hi thanks for your response. No I didn't know about the rule. My fiance is a citizen, but I was hoping to sponsor my mom once I get my naturalization done. Would I have to wait another year (3 with GC + 1 year wait after applying for citizenship) to sponsor her?

You can sponsor her when you become a U.S Citizen. You can file for naturalization after 2.9 months and it will take 6/8 months to schedule the interview.

[Sandra G. 5,054]

11 hours ago, Karman said:

Hello Fam,

 

In two weeks I will be leaving for India for approximately 4 months and will be back in October. I have a couple of question,

1) Does being out of status trigger 3 year or 5 year ban when entering US on advance parole?

2) What are the major documents do I have to keep it ready for CBP other than passport and EAD?

 

I am not in removal proceeding nor have applied for asylum neither have any criminal history, so, I am willing to take the risk on traveling on AP. 

I-360 PD june 2021

The  3/5 years rule doesn't apply  to Vawa petitioners. You need to have a valid passport and a valid advance parole.

[Sandra G. 5,054]

19 hours ago, NewPaths said:

Hi Sandranj, 

Thank you for your advice. I have lived with my spouse and he has kicked me out of the house many times. Kicking me out is the only physical abuse with texts and motel/airbnb receipts to prove it. and plenty of emails and texts on emotional and the psychological, on abuse i think i have a strong case. pending i485,765 and 131 since early march. we are still married but i have been out alone for more than 5 weeks, not filed vawa yet because i have been busy with other more important things. Do i need to live with them when i submit?

 

You don't have to live with your abuse,.Yo must submit a psychological evaluation.

[Sandra G. 5,054]

20 hours ago, Mira20 said:

Please I need help for a friend that received  a denial notice, attorney says to file a new application but that I think is a wrong advise in this situation. Owner approved to bring it to this great platform on way forward. Your help and opinion will be appreciated. Thank you all 

cc @sandranj

 

If you  submitted the Decree Absolute then file a motion to reopen, but if you submitted just the decree Nisi then the decision is correct and you can file a Motion to Reconsider.

Edited May 25, 2022 by sandranj

[Sandra G. 5,054]

20 hours ago, Mira20 said:

Please I need help for a friend that received  a denial notice, attorney says to file a new application but that I think is a wrong advise in this situation. Owner approved to bring it to this great platform on way forward. Your help and opinion will be appreciated. Thank you all 

cc @sandranj

 

DO NOT CONSIDER MY PREVIOUS ANSWER, this is the correct information. If you  submitted the Decree Absolute then file a motion to reconsider, but if you submitted just the decree Nisi then the decision is correct and you can file a Motion to reopen based on documentary evidence of new fact. But if it's missing someone's signature then you need to fix this  problem and  then you should refile.

Edited May 25, 2022 by sandranj

[Sandra G. 5,054]

On 5/21/2022 at 6:26 PM, Dafidi said:

Please I need help if you will. I am yet to get the receipt notice for the VAWA application filed since March 20th. Upon pressure and request for feedback from my lawyer, she suggested we refile the VAWA.

According to her, it will not affect the earlier filing.

 

I am just confused right now cos I don't expect to wait for two months to get receipt notice.

 

I need help asap.

DO NOT REFILE, your attorney can contact USCIS about this problem.

[Sandra G. 5,054]

On 5/19/2022 at 5:26 PM, 2020filer said:

Hi fam,

 

As always, when I get anxious, I turn to you guys. Not to scare people here but what happens if you’re denied VAWA? I’m trying to think worst case scenario and create a plan - basically my psychological defence to keep me going. I want to have a vague plan in any scenario so it’s easier for me now as uncertainty kills.

 

Back to the topic, if anyone, god forbid, is denied, are they deemed as have been staying here illegally? Do they have to leave the county? Can the obtain a visa in the future? Can you go to college on student visa after this?

 

Thanks.

 

I’m thinking of switching jobs (it’s really time) but I’m afraid to start a new job in the stressful time when they pick up my application for vawa. Applied sept 2020.  Expecting them to start reviewing this September.
 

 

If the VAWA petition  is denied you can refile.If you didn't submit form I-485 and the I-360 is denied the USCIS does not remove the person from the U.S, but  if you filed I-485 concurrently  they will remove you from the Country. You won't get a student visa if your VAWA is denied.