VAWA, Part 25

[balo101 669]

5 minutes ago, Demise said:

Administrative closure is a state that removal proceedings can end up in. Basically the case is still ongoing, the jurisdiction for I-485 rests with the immigration judge, but there's no future hearings scheduled, and the case just kinda exists with no action being taken. You or ICE can move this case back onto the active docket by filing a motion to recalendar. This is not discretionary (unlike lets say a motion to reopen), someone files a motion to recalendar for an admin closed case the court has to move it back to active docket.

 

Basically:

Not in proceedings - File I-485 with USCIS

In active removal proceedings - File I-485 with the court, or seek a termination and file with USCIS

In administratively closed removal proceedings - File a motion to recalendar with the court, and then file I-485 with the court, or seek a termination and file with USCIS

Final removal order - File a motion to reopen with the immigration court, if granted file I-485 with court or seek a termination and file I-485 with USCIS

Proceedings terminated - File I-485 with USCIS

Thank you so much for this information. 

 

do you know what is the process to terminate admiratively closed case. Do we need to have an attorney? how much cost associated with it? 

[Demise 1,301]

Just now, balo101 said:

Thank you so much for this information. 

 

do you know what is the process to terminate admiratively closed case. Do we need to have an attorney? how much cost associated with it? 

I don't recommend DIYing it. How much depends on the lawyer.

The current way to do it would be see if ICE would be willing to dismiss the NTA against you. If they don't want to then you can only do a motion to recalendar and file I-485 with the court.

[trishytrish 15]

Good afternoon everyone. How long after EAD/AP approval does Vermont transfer I-485 to local field office? Kind of afraid to travel with AP since I overstayed my visa. 

I-360 approved May 2021, EAD/AP approved yesterday. 

[balo101 669]

6 minutes ago, trishytrish said:

Good afternoon everyone. How long after EAD/AP approval does Vermont transfer I-485 to local field office? Kind of afraid to travel with AP since I overstayed my visa. 

I-360 approved May 2021, EAD/AP approved yesterday. 

I do not think AP/EAD approval has to do anything with i-485 transfer. 

Once VAWA approves USCIS forward your file. Some people get the notifications and some do not. 

 

Since your VAWA is approved since May 2021. I would say reach out to your congress person for the update. However, it also depends how busy is your local field office.

[trishytrish 15]

2 minutes ago, balo101 said:

I do not think AP/EAD approval has to do anything with i-485 transfer. 

Once VAWA approves USCIS forward your file. Some people get the notifications and some do not. 

 

Since your VAWA is approved since May 2021. I would say reach out to your congress person for the update. However, it also depends how busy is your local field office.

The I-485 and EAD/AP applications were sent together in June 2021 after I-360 approval, not with it so I believe it is still at Vermont. 

[balo101 669]

6 minutes ago, trishytrish said:

The I-485 and EAD/AP applications were sent together in June 2021 after I-360 approval, not with it so I believe it is still at Vermont. 

Oh i see.

 

However, you can travel since you have AP and VAWA is approved. I think your i-485 might still take few months.

[Koi1 19]

On 3/15/2022 at 2:59 PM, Demise said:

Don't lie, don't hide it, tell it how it was. Only thing that can kill a filed I-360 is marrying someone else while the I-360 is pending or serious doubts as to the validity of the marriage. 

 

Keep your dates straight and establish that you got with your new partner after splitting with the previous one, and do reiterate that the previous relationship was legit while it lasted, you split up, ended up with someone else after it ended.

 

PFD only lets you really get certain benefits and even that's with limitations.

 

Just a pending I-360 doesn't let you legally work. Only way to do that at this point would be to reopen your proceedings, file I-485 with the court, and then file I-765 with USCIS. Also just thinking out loud, you could ask ICE to grant you deferred action considering your circumstances and then use that grant to file a C14 EAD with USCIS.

Thank you @Demise  Can you please advice me on how I can do both of these things to get an EAD. I am desperate, I have 2 great job offers which I am currently not able to accept and with my situation, it would be great if I could. When I ask my lawyer, she says that I have to wait until my VAWA is approved, but its only pending 7 months now, so it will be a long long wait until then and I am tired of waiting. I have been waiting and waiting since 2018 when I first filed i130. 4 years without EAD hasn't been easy. Can I do this process by myself if my lawyer won't help me?

 

I appreciate the help. Anyone else in removal proceedings who has an EAD before VAWA approval please advice.

[Aarontx90 60]

2 hours ago, balo101 said:

I think @Demise can tell you more about that.

 

As far i know. You can check by dialing this number 1-800-898-7180 and entering your A#.

I think you should be fine if you never filled Asylum or do not have case pending with court.

Thank you, I gonna try that

[Aarontx90 60]

2 hours ago, Demise said:

Yeah that or type it in at https://acis.eoir.justice.gov/en/ if nothing pops up then you're likely not in removal proceedings. If you really want to play it safe do a FOIA request and see if anything comes up.

Thank you, I typed my A number and this popped up.

[balo101 669]

1 minute ago, Aarontx90 said:

Thank you, I typed my A number and this popped up.

that means you are not in removal. 

I would definitely travel  

[Demise 1,301]

44 minutes ago, Koi1 said:

Thank you @Demise  Can you please advice me on how I can do both of these things to get an EAD. I am desperate, I have 2 great job offers which I am currently not able to accept and with my situation, it would be great if I could. When I ask my lawyer, she says that I have to wait until my VAWA is approved, but its only pending 7 months now, so it will be a long long wait until then and I am tired of waiting. I have been waiting and waiting since 2018 when I first filed i130. 4 years without EAD hasn't been easy. Can I do this process by myself if my lawyer won't help me?

 

I appreciate the help. Anyone else in removal proceedings who has an EAD before VAWA approval please advice.

Can you remind me of what your current situation is?

 

Are you in removal proceedings? If so what stage (ongoing, admin closed, subject to removal order)?

Do you have a pending I-485?

[A.R.T 2]

Hello everyone,

I had my VAWA approved last July but awaiting GC; all applications dated September, 2019. The thing is my FAFSA report says DHS cannot find me in the system. Who has been in this kind of situation before, and how did you solve the problem?

[Koi1 19]

21 minutes ago, Demise said:

Can you remind me of what your current situation is?

 

Are you in removal proceedings? If so what stage (ongoing, admin closed, subject to removal order)?

Do you have a pending I-485?

Yes, I am in removal proceedings. I'm not really sure of the terms used but I do know I do not have a final removal order. I thinks its still open or closed somehow, they sent us a letter saying that the next time we should inform the court of the status of i360 is 10/22. This has been the case for about 4 years now, since my i130. We kept updating them, if no decision yet, they push the date further by a year. 

 

No pending i485 yet, my lawyers, both for i130 and i360 keeps saying let's wait till the pending application is approved. This has left me without an EAD for a WHILE, Whew! I'm tired!

[Pinkrlion 2,724]

20 hours ago, melissa.w said:

Hello friends,

Uscis is asking my medicals.

I did first dose of the Covid vaccine today. Do I have to wait until the second dose is done or drop of the medicals? Or should I write explanation letter with the reasons of  not having vaccine until now? Thank you! 

You are not considered fully vaccinated until you have 2nd vaccine and booster.

[Aarontx90 60]

3 hours ago, balo101 said:

that means you are not in removal. 

I would definitely travel  

Thank you, that brings some anxiety down while thinking about traveling.