VAWA, Part 25

[maggiol 1]

32 minutes ago, Pinkrlion said:

Did you marry the person that filed your K-1?

Yes, I married them within the 90 days that the K-1 visa allows for.

[Pinkrlion 2,724]

15 minutes ago, maggiol said:

Yes, I married them within the 90 days that the K-1 visa allows for.

OK, then you did not need to file I-130, you are adjusting status from K-1.  How long have you been married?

 

It will take a 1-2 years before you even have your interview, as you are just doing your fingerprints today.  You can check your local office processing times for I-485.

 

You can attend your AOS interview and ask for them to hold your I-485 or You can file for VAWA and take receipt to interview to show that you filed.  

[Rhema1 342]

Hi family. 

I will like to throw something on the floor. I know it's not vawa related . But someone with a good knowledge may enlighten me on this.

Can a person under a TPS (temporary protective status) travels back into his home county with an advance parole be allowed to re enter the USA without losing his status?

In another word: is the TPS status allows an individual to travel back into in home county?

Thanks for your reply. 

[FirstTimer 93]

7 hours ago, Pinkrlion said:

You will need to file for an extension for your taxes, it is going to take a while to get death certificate, and you will need that to file.  

 

Do you know where your spouse lives??  You can go to the county court house with proof of marriage, ID, etc.... and file for death certificate.  They can do a search for his death date when you go to the county building.  You can file for SIngle on your taxes, your CPA can advise you on that.  You will need to know when spouse died from death certificate.  .  Also, since you are not divorced, you can file for SSA Widow benefits.  

 

For VAWA, it is up to you.  You can file for widow's I-360 with death certificate.  

Thanks for your response. Just wanted to update you that my I360 was received by USCIS on December 2020, and it is in pending stage. Should i send the copy of death certificate to USCIS to continue as WIDOW of us citizen.

[Demise 1,305]

1 hour ago, Rhema1 said:

Hi family. 

I will like to throw something on the floor. I know it's not vawa related . But someone with a good knowledge may enlighten me on this.

Can a person under a TPS (temporary protective status) travels back into his home county with an advance parole be allowed to re enter the USA without losing his status?

In another word: is the TPS status allows an individual to travel back into in home county?

Thanks for your reply. 

Yeah it's the same as DACA, DED, or U visa. In those cases you travel out and back in on advance parole, come back and basically resume your status.

 

There's also no limits on where a TPS holder may travel. Only Refugees, Asylees, and Permanent Residents who got their status via refugee status or asylum have to avoid their home country like the plague.

[Family 4,065]

18 minutes ago, Demise said:

Yeah it's the same as DACA, DED, or U visa. In those cases you travel out and back in on advance parole, come back and basically resume your status

DED cannot travel 

https://www.americanimmigrationcouncil.org/research/temporary-protected-status-overview

 

• Just like TPS holders, DED beneficiaries receive a work permit and stay of deportation; however, they are not permitted to travel abroad.

[Pinkrlion 2,724]

2 hours ago, Rhema1 said:

Hi family. 

I will like to throw something on the floor. I know it's not vawa related . But someone with a good knowledge may enlighten me on this.

Can a person under a TPS (temporary protective status) travels back into his home county with an advance parole be allowed to re enter the USA without losing his status?

In another word: is the TPS status allows an individual to travel back into in home county?

Thanks for your reply. 

I thought TPS was where you receive temporary status because it is dangerous to return to home country.  So why would the person return to home country.  That is different than traveling outside the US and returning using AP.  Is it different than the restrictions from filing asylum???

[Demise 1,305]

9 minutes ago, Family said:

DED cannot travel 

https://www.americanimmigrationcouncil.org/research/temporary-protected-status-overview

 

• Just like TPS holders, DED beneficiaries receive a work permit and stay of deportation; however, they are not permitted to travel abroad.

I was wrong on that front. My bad.

[Demise 1,305]

13 minutes ago, Pinkrlion said:

I thought TPS was where you receive temporary status because it is dangerous to return to home country.  So why would the person return to home country.  That is different than traveling outside the US and returning using AP.  Is it different than the restrictions from filing asylum???

I mean TPS is more that the place is just unsafe in general regardless of who you are and deporting you would throw you into the middle of a humanitarian crisis, rather than you making claim that you personally will get targeted due to being a member of a particular group.

 

There's nothing in INA 244 which would prohibit a TPS holder from traveling to their home country. In cases of asylees and refugees that's explicitly prohibited by INA 208(c)(2)(D).

[Family 4,065]

5 minutes ago, Demise said:

that front

You are amazing nonetheless. TPS has expanded to many countries and I-131 is a new ish experience …most following to see if others had problems on return…and U’s and DACA’s were granted I-131 under Obama, then denied under Trump..best one can do is ask lots of questions and get many replies. 

[Sam96 60]

Hey guys!!

I have an issue hopefully someone can help me with. My Ead renewal was sent in before it expired but it was return which took quite some time, when I sent it back in it was after the expire date, which was ok because I have two eads,but now my job doesn’t want to accept the extension from first EAD, and my second Ead is expiring 

[J2020 94]

Hi fam 

 

I fired my attorney few weeks ago and got a new attorney. My new attorney has filed with USCIS for a representative name and info change. Since my case was already approved, will I still get an update for name update on the same receipt number of the approved I-360? 
 

The new attorney has also filed a form i824 for my file to be transferred to NVC. Will I receive a new receipt number for this form or will be updated on the same i360  receipt number? 
 

Can you report an attorney for an overcharge and lying about specific fees and payments and still get refunded? For example overcharging for mailing you documents that was in fact free? Or a translation of a certain company that costs $15 but the attorney said $60 + her service fee $30 but then found out that the attorney took the money and did the translation with a free provider. Let’s say the attorney told you that a certain service at that company will cost $100, took the money, and the company did that service for him for free?  This sounds like fraud 

 

I have all the receipts and made calls with these service providers that were either free or way less charge than what the attorney has told me.. tbh I just wanted to receive my documents in hand before doing anything because I didn’t want the attorney to deny me my documents or claim she  has lost them if I requested for the refund before I have my documents in hand. Hope you guys understand what I’m trying to explain 

Edited April 19, 2022 by J2020

[balo101 669]

45 minutes ago, Sam96 said:

Hey guys!!

I have an issue hopefully someone can help me with. My Ead renewal was sent in before it expired but it was return which took quite some time, when I sent it back in it was after the expire date, which was ok because I have two eads,but now my job doesn’t want to accept the extension from first EAD, and my second Ead is expiring 

Technically they should accept the extension. Try to convince them with the proof from the USCIS website etc.

 

If they still do not accept then have them write a letter to you explaining you would loss your job if you do not show them valid EAD. Take that letter to your congress/senator and expedite your EAD. 

Edited April 19, 2022 by balo101

[Demise 1,305]

3 hours ago, Sam96 said:

Hey guys!!

I have an issue hopefully someone can help me with. My Ead renewal was sent in before it expired but it was return which took quite some time, when I sent it back in it was after the expire date, which was ok because I have two eads,but now my job doesn’t want to accept the extension from first EAD, and my second Ead is expiring 

Renew the second one then. Both C09 and C31 come with 180 day extension. Though the extension only kicks in if you file while the old one is still valid, you were late, so it doesn't and unfortunately your employer is right to reject it.

 

3 hours ago, J2020 said:

Hi fam 

 

I fired my attorney few weeks ago and got a new attorney. My new attorney has filed with USCIS for a representative name and info change. Since my case was already approved, will I still get an update for name update on the same receipt number of the approved I-360? 
 

The new attorney has also filed a form i824 for my file to be transferred to NVC. Will I receive a new receipt number for this form or will be updated on the same i360  receipt number? 
 

Can you report an attorney for an overcharge and lying about specific fees and payments and still get refunded? For example overcharging for mailing you documents that was in fact free? Or a translation of a certain company that costs $15 but the attorney said $60 + her service fee $30 but then found out that the attorney took the money and did the translation with a free provider. Let’s say the attorney told you that a certain service at that company will cost $100, took the money, and the company did that service for him for free?  This sounds like fraud 

 

I have all the receipts and made calls with these service providers that were either free or way less charge than what the attorney has told me.. tbh I just wanted to receive my documents in hand before doing anything because I didn’t want the attorney to deny me my documents or claim she  has lost them if I requested for the refund before I have my documents in hand. Hope you guys understand what I’m trying to explain 

Don't believe there will be any update on your case regarding a new G-28.

Why are you sending your case to NVC? Follow to join kids or you can't adjust for some reason?

You can report them to the state bar and the BIA (yeah that place actually handles complaints against immigration lawyers). Finally you can sue him.

 

Edited April 19, 2022 by Demise

[J2020 94]

1 hour ago, Demise said:

Renew the second one then. Both C09 and C31 come with 180 day extension. Though the extension only kicks in if you file while the old one is still valid, you were late, so it doesn't and unfortunately your employer is right to reject it.

 

Don't believe there will be any update on your case regarding a new G-28.

Why are you sending your case to NVC? Follow to join kids or you can't adjust for some reason?

You can report them to the state bar and the BIA (yeah that place actually handles complaints against immigration lawyers). Finally you can sue him.

 

Thank you for replying

 

Honestly I just wanna be refunded the overcharge, but I wanted to know the specific establishments to complain if she refuses to refund me the money she defrauded me. 
 

I filed an i824 because, unfortunately, I didn’t mark the option to do consular processing on my original petition, I was planning to do AOS in the US, but then I had to depart the States. So now I have to file the i824 so they can transfer my file to the US embassy to continue my status adjustment through consular processing