VAWA, Part 25

[Sandra G. 5,054]

On 4/2/2022 at 12:37 PM, brownielove said:

Hello everyone. This might not be the best forum for this question but I just wanted to ask.

 

After several years since the abuses I experienced, I thought about reporting those to the authorities just now which I know is too late. The first abuse happened was in 2016, cops were actually called and they spoke to me but I was too young back then not knowing much so I just told them everything will be ok and I will not be filing any report. The next incident that had the police called again was in 2017 to which I said I again that I will not file a police report. There were more abuses that happened after those but no authorities were called in those times, there was a time in 2019 that he sent me a text message that he will kill me and I was already in the local precinct speaking with an officer but I got scared and decided not to report him.

 

Is there any way for me to still make a report against him for all those abuses? I know it's been years since those incidents which I really regret not doing anything about them.

 

Also, if he re-marries and will petition the new spouse to come to the US, will the immigration make it hard for him to file a petition again since I filed a VAWA petition naming him as my abuser?

If he remarries, your Vawa petition will not affect his case. In general, police departments do not accept late abuse reports.

[Zizigragnon 48]

1 hour ago, sandranj said:

With an asylum application pending, you cannot travel to your home country. It is important to keep in mind that if your asylum claim was deemed frivolous, then you will not be eligible for a green card despite VAWA approval.

Thank you for your response @sandranj. I am not going to my home country for sure. I was just mainly concerned cbp won't allow me back because of Mandamus i filed in past.

[777_777 15]

Hey guys, 

 

How many days usually they give approximately to respond to RFE on i-360 if they have not indicated any time frame in the Letter? 

 

Thanks in advance 

[RavE77 2]

6 minutes ago, 777_777 said:

Hey guys, 

 

How many days usually they give approximately to respond to RFE on i-360 if they have not indicated any time frame in the Letter? 

 

Thanks in advance 

2-3 month 

[2020filer 74]

12 hours ago, Zizigragnon said:

I understand your concern. 2 years ago I went to Europe. I have a pending asylum but i was married and i got advance parole and ead via marriage (AOS) and I used that to get my visa . I left US from JFK and spent 3 weeks in Germany and came back via JFK . I went to secondary inspection and waited 5mn. Officer called my name and ask where I live. That was the only question they asked me and he stamped my passport last page (paroled for a year). Overall process was smooth... 

To get my boarding pass in Europe , I have to go to the counter but the first person (tier I)  wasn't familiar , so I requested to speak to her supervisor and I got the boarding pass within 3mn after he arrived. The supervisor also showed her what to do next time cause she didn't know.

 

I am planning a trip this year again using ead+AP(based on Vawa and i485).

 

It's a 2 years old experience but hope it helps. 

 

Note that I didn't go to my home country due to my pending asylum case. Don't travel to your home country if you have asylum pending or are in removal proceeding.

 

 

Thank you for your response with your experience! Helps a lot  

[Zzz___1 141]

5 hours ago, sandranj said:

With an asylum application pending, you cannot travel to your home country. It is important to keep in mind that if your asylum claim was deemed frivolous, then you will not be eligible for a green card despite VAWA approval.

@sandranj

I’ve just had a conversation with one of my friends whose lawyer stated that one with withdrawn asylum application can’t travel back to the home country even after their GC (marriage-based) is approved. The lawyer states that my friend might get detained at the airport, since their asylum claim will be considered frivolous.

 

Could you let me know your thoughts about this based on your experience, please?

 

I’ve heard from several lawyers that getting a GC via anything other than asylum should eliminate this issue. Thank you.

[777_777 15]

21 minutes ago, RavE77 said:

2-3 month 

Thanks 

[Sandra G. 5,054]

1 hour ago, Zzz___1 said:

@sandranj

I’ve just had a conversation with one of my friends whose lawyer stated that one with withdrawn asylum application can’t travel back to the home country even after their GC (marriage-based) is approved. The lawyer states that my friend might get detained at the airport, since their asylum claim will be considered frivolous.

 

Could you let me know your thoughts about this based on your experience, please?

 

I’ve heard from several lawyers that getting a GC via anything other than asylum should eliminate this issue. Thank you.

A decision on asylum indicates whether or not the asylum was considered frivolous. The USCIS will not issue the person a green card if the asylum was deemed to be frivolous. Therefore, CBP cannot modify the decision of the Immigration Court. The individual should carefully read the asylum decision.

 

 

Edited April 5, 2022 by sandranj

[Zzz___1 141]

Just now, sandranj said:

The asylum decision shows if the asylum was considered frivolous or not.The USCIS does not issue a green card if the person had a '"frivolous" finding.Therefore the CBP cannot changed what the Immigration Court decided. The person must read the asylum decision before traveling.

But the asylum case was withdrawn by the applicant , how does that work? 

[Family 4,068]

1 hour ago, Zzz___1 said:

my friends whose lawyer stated that one with withdrawn asylum application can’t travel back to the home country even after their GC (marriage-based) is approved. The lawyer states that my friend might get detained at the airport, since their asylum claim will be considered frivolous.

1. Ask your friend if she had asylum, withdrew her asylum, got referred to EOIR ( removal), then managed to Terminate Proceedings and adjusted ( got green card ) through marriage to USC. 

So basically any asylum not granted ( withdrawn or denied) gets referred to Court / EOIR removal proceedings. Findings of frivolous asylum would only happen in court..are pretty rare cause most end up not arguing asylum , rather looking for other means of relief ( marriage to USC, cancellation of removal, withholding, Vawa..) 
 

2. I find most LPR ( either w asylum or previously denied asylum) rely heavily on current trends among countrymen. If they know x,y,z have gone back and forth without problems, then they travel back home…and of course the target is N-400 

BUT under no circumstances, should someone with a pending asylum, go back home and NO ONE in removal should travel 

 

 

[Zzz___1 141]

1 minute ago, Family said:

1. Ask your friend if she had asylum, withdrew her asylum, got referred to EOIR ( removal), then managed to Terminate Proceedings and adjusted ( got green card ) through marriage to USC. 

So basically any asylum not granted ( withdrawn or denied) gets referred to Court / EOIR removal proceedings. Findings of frivolous asylum would only happen in court..are pretty rare cause most end up not arguing asylum , rather looking for other means of relief ( marriage to USC, cancellation of removal, withholding, Vawa..) 
 

2. I find most LPR ( either w asylum or previously denied asylum) rely heavily on current trends among countrymen. If they know x,y,z have gone back and forth without problems, then they travel back home…and of course the target is N-400 

BUT under no circumstances, should someone with a pending asylum, go back home and NO ONE in removal should travel 

 

 

She had asylum pending, got married, applied for GC under marriage, withdrew the asylum, got her green card based on that marriage. No removal proceedings, nothing extra other than a regular GC-marriage process.
 

Since her 485 was already pending by the time the asylum was withdrawn, USCIS never mentioned anything about court. This was not brought up during the interview either.

[Family 4,068]

19 minutes ago, Zzz___1 said:

She had asylum pending, got married, applied for GC under marriage, withdrew the asylum, got her green card based on that marriage. No removal proceedings, nothing extra other than a regular GC-marriage process.

That’s is amazing to hear! Asylum officers quoted  8 CFR when begged to allow withdrawal in the Previous Administration of Prolific Proclamation. It’s hard to stay cautious when everyone seems to travel on AP without big issues…and especially when one has to go against the legal opinion of their rep. 

 

[Shroy123 751]

8 hours ago, sandranj said:

You can get  sponsor her  after Citizenship without any problem.

Thank You. But I can remarry someone who is USC right? It won't affect my citizenship is that correct? 

[i-need-help-pls 72]

10 hours ago, sandranj said:

You can use FAFSA .It will not affect your case.

Thanks 

[HustlingStill 156]

Just wanted to quickly ask here, im on my 18 months i cannot really expect how soon or late vawa will be approved. I have seen ppl getting approved in 20 months and some still waiting since 35 months. But i wanted to ask i have not travelled outside of US since my last entry which is 2015 @sandranj @Demise is it safe if i travel out of US with my AP ? will it delay my case for any reason if i travel. so i did read that when a petitioners travels USCIS gets informed. I just do not want any delay in my case also when i inquired they have updated again in april 1st saying " correspondence was received and uscis is reviewing it" and there was no response from them to my congress about my case. A lot of ppl i know have inquired for different reasons but there status update never happened in online. Will really appreciate if these concerns can be answered. 

 

Thank you.