VAWA, Part 25

[Pens 19]

2 hours ago, Family said:

I just looked at the excellent timeline and clear outline of the filings and am wondering if the I-485 receipt ( May 2021 , same day as a court hearing) is perhaps just a 42-B filling since you were IN REMOVAL and could not file w USCIS. https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

Though it says “I-485 “ it is not for the $1,225 filing fee and I assume you do not have a copy of completed (I-485/approved or new I-130 / I-864 and supporting docs (?)..not because attorney failed to do /file those ..simply because that is NOT where u were at that stage …link will show what I assume was properly filed.

Your attorney advised you to take Termination and Run.. don’t look a gift horse in the mouth , and good advice. 
 

NOW,  it seems after Termination, you just filed I-765/I-131 and are anxious to travel and expedite..I also assume you DID that without your attorney ( DIY) and are relying on various well wishers advice for next steps. 
 

My 3 cents on YOUR situation is :

Look at your “I-485 Receipt “ and if it is what I described…DO not travel before u fix it….cause IF the I-485 gets denied while u are out…you won’t be allowed back in , no matter how pretty that I-131 looks.

How to fix it will probably take patience:

1. File a new I-485 w copy of approved or new I-130 , whatever applies to u ALONG w I-765I- 131 / I 864  supporting docs and copy of IJ termination order…after receipts DO THE RECOMMENDED steps by VJ member @Demise to expedite 

 

2. Prepare I 485 ( include the $1,225 fee or copy of receipt if it was paid )  I 864 forms , along with copies of supporting docs , termination, copies of pending I-765/I-131  and most important copy of previously approved I-130 ..IF that is basis of adjustment… Write Supplemental Filing to Pending I-485 ( from may 2021))))))THEN WAIT before traveling ..cause u don’t want to be out and have a denial 

 

 

Thank you for the information. The timing for my court date and I485 receipt are just coincidental. I was able to "fee in" the I-485 as soon as my case was reopened in December 2020. The mtr was filed with the approved I-360 and the I-485(sans fee). Once the MTR was approved I paid the fee. You can file I-485 while in Removal proceedings (but it'll be adjudicated through IJ as you mentioned). We are now waiting for the file to be sent to USCIS.

 

I did file I-765 by myself(I've done this for years. It was actually faster). Also filed I-131 on my own. I mentioned it to my attorney a few times and he blew me off lol.  I definitely will not travel without approved AP or  I-485. Hopefully this can be sorted out by November. Seems like it all will take patience which I am lacking after fighting my case for over 10 years and being stuck in this country for almost 30 years. I'm sure many here can relate...

[Pens 19]

2 hours ago, Family said:

I just looked at the excellent timeline and clear outline of the filings and am wondering if the I-485 receipt ( May 2021 , same day as a court hearing) is perhaps just a 42-B filling since you were IN REMOVAL and could not file w USCIS. https://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir42b.pdf

Though it says “I-485 “ it is not for the $1,225 filing fee and I assume you do not have a copy of completed (I-485/approved or new I-130 / I-864 and supporting docs (?)..not because attorney failed to do /file those ..simply because that is NOT where u were at that stage …link will show what I assume was properly filed.

Your attorney advised you to take Termination and Run.. don’t look a gift horse in the mouth , and good advice. 
 

NOW,  it seems after Termination, you just filed I-765/I-131 and are anxious to travel and expedite..I also assume you DID that without your attorney ( DIY) and are relying on various well wishers advice for next steps. 
 

My 3 cents on YOUR situation is :

Look at your “I-485 Receipt “ and if it is what I described…DO not travel before u fix it….cause IF the I-485 gets denied while u are out…you won’t be allowed back in , no matter how pretty that I-131 looks.

How to fix it will probably take patience:

1. File a new I-485 w copy of approved or new I-130 , whatever applies to u ALONG w I-765I- 131 / I 864  supporting docs and copy of IJ termination order…after receipts DO THE RECOMMENDED steps by VJ member @Demise to expedite 

 

2. Prepare I 485 ( include the $1,225 fee or copy of receipt if it was paid )  I 864 forms , along with copies of supporting docs , termination, copies of pending I-765/I-131  and most important copy of previously approved I-130 ..IF that is basis of adjustment… Write Supplemental Filing to Pending I-485 ( from may 2021))))))THEN WAIT before traveling ..cause u don’t want to be out and have a denial 

 

 

Just for additional clarity: I did not get 42-b/cancellation of removal. My removal proceedings were terminated based on Chavez ruling. I think this blog does a great job of summarizing what the Chavez ruling is https://www.scotusblog.com/case-files/cases/niz-chavez-v-garland/

[Family 3,977]

52 minutes ago, Pens said:

Thank you for the information. The timing for my court date and I485 receipt are just coincidental. I was able to "fee in" the I-485 as soon as my case was reopened in December 2020. The mtr was filed with the approved I-360 and the I-485(sans fee). Once the MTR was approved I paid the fee. You can file I-485 while in Removal proceedings (but it'll be adjudicated through IJ as you mentioned). We are now waiting for the file to be sent to USCIS

Nice Job , you won on defective NTA ! Take Termination and Run was sound decision …discretion comes and goes real fast . 
Given that you feed in the I-485 you are IN CLEAR waters to TRY option  modified option 2 at no risk and even relax and travel on ur I-131….YOU have a pending I-485 being sent from EOIR to USCIS.

 

Title the Packet “ Supplemental Filing to I-485xxxx and Urgent Request for Humanitarian Discretion “ 

 

Basically get a copy of the I-485 feed in receipt, forms  I-485 ( that was in MTR), copy of I-864W ( if was not in MTR, make a new one , no need to backdate), copy of approved I-360 ,  copy of pending I-765 I-131 , Order to Terminate and  send to Local Field Office Director . 
 

Make an infopass about 2 weeks later and though u are there to make the case for an I-131 expedite, you now have contact w human who CAN see where ur I-485 file is, can request the file ( or plead ur case to a supervisor)…AND carry a copy of what you mailed to Director . Express your fear of problems at Re entry AND see if it works to speed up the I-485.

 

You did a Bang Up Job !!!!!! Hope you also keep sharing your experience/ knowledge w those in removal and VAWA 

 

 

[Pens 19]

42 minutes ago, Family said:

Nice Job , you won on defective NTA ! Take Termination and Run was sound decision …discretion comes and goes real fast . 
Given that you feed in the I-485 you are IN CLEAR waters to TRY option  modified option 2 at no risk and even relax and travel on ur I-131….YOU have a pending I-485 being sent from EOIR to USCIS.

 

Title the Packet “ Supplemental Filing to I-485xxxx and Urgent Request for Humanitarian Discretion “ 

 

Basically get a copy of the I-485 feed in receipt, forms  I-485 ( that was in MTR), copy of I-864W ( if was not in MTR, make a new one , no need to backdate), copy of approved I-360 ,  copy of pending I-765 I-131 , Order to Terminate and  send to Local Field Office Director . 
 

Make an infopass about 2 weeks later and though u are there to make the case for an I-131 expedite, you now have contact w human who CAN see where ur I-485 file is, can request the file ( or plead ur case to a supervisor)…AND carry a copy of what you mailed to Director . Express your fear of problems at Re entry AND see if it works to speed up the I-485.

 

You did a Bang Up Job !!!!!! Hope you also keep sharing your experience/ knowledge w those in removal and VAWA 

 

 

Thank you so much. This is extremely helpful information. You guys are so knowledgeable! I will try this option and keep everyone updated. My case isn't as straightforward so it's really difficult to find any information online. I really hope to help someone in a similar situation w/ final order or removal and VAWA so I will definitely keep sharing. Again thank you 🙂

[PB7 7]

Any 2020 approvals yet?

[HustlingStill 156]

38 minutes ago, PB7 said:

Any 2020 approvals yet?

oct 2020 waiting

[Jan2020 15]

49 minutes ago, PB7 said:

Any 2020 approvals yet?

January 2020, still waiting

[Gi Gi 46]

Hey @Stillwinning!!!😊 I finally got the email that my greencard is in the mail. I’m crying for hours. Thank you guys so much. You guys made it somewhat easier with the anxiety of waiting . The confidence and the hope for it coming came from here along with my prayers and faith. I’m so grateful God’s so good. 

[Stillwinning!!!😊 4,570]

Just now, Gi Gi said:

Hey @Stillwinning!!!😊 I finally got the email that my greencard is in the mail. I’m crying for hours. Thank you guys so much. You guys made it somewhat easier with the anxiety of waiting . The confidence and the hope for it coming came from here along with my prayers and faith. I’m so grateful God’s so good. 

Whoa!!! I’m super excited for you my Gi Gi 🤗🤗🤗🥰 God is awesome!!! Welcome to the beginning of grace and favor!!!🙏🥂🍻

[Sharig 18]

51 minutes ago, Stillwinning!!!😊 said:

Whoa!!! I’m super excited for you my Gi Gi 🤗🤗🤗🥰 God is awesome!!! Welcome to the beginning of grace and favor!!!🙏🥂🍻

Hi Everyone. I follow along but don't say much. You all inspire me and give me hope. I just got approved for my vawa yesterday and want to know if anyone can help with any next steps? How much longer do you all think?

[shiva32 240]

20 minutes ago, Sharig said:

Hi Everyone. I follow along but don't say much. You all inspire me and give me hope. I just got approved for my vawa yesterday and want to know if anyone can help with any next steps? How much longer do you all think?

congratulations!! I presume you already filed I485 along with I360? Also let us know your timeline please. If I485 is filed already then it will go from Vermont to eventually your local USCIS office. Processing time is anywhere from 6-12 months on average after VAWA approval, longer for some people.  

[2020filer 74]

8 hours ago, balo101 said:

I am not sure why would they put in expedite line? They should have approved your case by now. I have seen many June/July 2021 approved already. That is ridiculous from their end. 

Can they not approve EAD if they want to deny my main application?

[2020filer 74]

2 hours ago, PB7 said:

Any 2020 approvals yet?

September 2020 waiting 

[God is a good God 238]

11 hours ago, 777_777 said:

omg! Congratulations! You gave me some hope lol 

I have been waiting since 2018 when my I-129 was approved. Married in 2018 I left my abusive husband in 2020. Had 2 EADs within two years. My I-485 was denied in May 2021 due to his past records, applied for i-360 July 2021 and waiting... so almost 4 years here  

 

I-360 -Receipt 07/26/2021

RFE-11/17/2021 

Never gotten any RFE in the mail

My son got his prima facie in Dec 2021 i never did 

Divorce finalized on 02/17/2022  

As per advise of @sandranj  (Thank you very much again) I have submitted request to Senator's office

03/02/2022-Receipt notice for i-765 (c31)

03/15/2022 Status of I-360 changed to "Correspondence received and USCIS is reviewing it" (but still i never got RFE in the mail and never submitted any additional documents except Letters to Vermont asking for it"

03/17/2022 -Got rejection of i-485 as they accept only checks so i had to resubmit it with the check overnight on 03/21/2022 

 

So i think my case is the weirdest here hahha

After correspondence was received, it’s the decision on your case. I got correspondence was received too and after 4 months it changed to NOID becoz I had that 204c. But for you expect approval after correspondence was received. Keep hoping 

[tashay 11]

2 hours ago, Gi Gi said:

Hey @Stillwinning!!!😊 I finally got the email that my greencard is in the mail. I’m crying for hours. Thank you guys so much. You guys made it somewhat easier with the anxiety of waiting . The confidence and the hope for it coming came from here along with my prayers and faith. I’m so grateful God’s so good. 

How long ago was your 360 approved?