VAWA, Part 25

[Family 4,065]

On 5/7/2022 at 8:01 AM, J2020 said:

when I mailed the i824 to the Az lockbox, I was thinking that they will send my case to California since it was my local office and I was happy because California processing time for i824 is only 3 months but, unfortunately, my i824 ended up in Vermont. 
 

why did my request go to Vermont instead of California? Is it because my file is still in Vermont and haven’t been transferred to a local office yet? Does anyone have any idea? 
 

if my file is still in Vermont, does this mean it will have a faster transfer to the NVC? Vermont processing time for 824 is 11 months. 

 

 

I’m going to inquire with my congressperson after 90 days, but is there any way I can make this process go by faster like contacting a tier 2 agent or something? Since I have no dependents and I’ve already done the biometrics and all my documents are ready and the i360 has been reviewed and approved by USCIS 
 

In addition, does anyone know if they will require me to do another biometrics here at the US embassy in the country of origin or the biometrics I have already done in the US will suffice? 
 

any insight is appropriated and will be helpful.. thank you 

Anything related to VAWA goes through Vermont and only gets transferred from there as their protocols for workload dictates.  To speed anything up , you would need to meet the “ expedite “ criteria…https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Am assuming you will be going to Poland for the IV interview https://pl.usembassy.gov/

and  YES you will do biometrics again  ( much like people who get an I-601 A in the US, do biometrics here and then again in at Consular Interview) . 

Glad to hear your Congressman is still willing to help, because they usually refuse once a person is no longer living in their district. 

 

[Karman 58]

1 hour ago, Family said:

For H-1 B ( non immigrant visa) would need to be in status and no previous unauthorized employment..and I am assuming   you married and filed I-485 / I-130  ( then I-360) and are currently “pending “ status …I am not seeing why the attorney thinks you have that choice??? 
Even if you won the Diversity Visa Lottery ( that gives u a green card) you could not avail yourself of it if my assumption is correct. 
 

How did you enter? When did you enter? 

I do have unauthorized employment on record. Yes you are correct, I married and then filed I-485 / I-130  ( then I-360) and currently  in “pending “ status. Attorney did recommend me speaking to employer attorney since she is mostly familiar with family based immigration.  

 

How does diversity lottery comes into picture? I am not eligible for it anyways. 

 

I did made legally entry using H1b from non cap which got expired before I applied I-130 and then many months later I-360. 

[Stillwinning!!!😊 4,570]

1 hour ago, Sparkle✨ said:

@Stillwinning!!!😊 I’m filing soon for N-400 as well. I too need all the help I can. A Vawa VJ member @gramercy recently completed her citizenship process. Her timeline has all the needed info for submission online till the interview. I’d use this as a guide as well. 

 

Thanks Sparkle ✨ I’m preparing! Will use every resource necessary!👍😊

[JuliaNE 47]

19 minutes ago, Karman said:

  They never used any fingerprint for my EAD. what will expire in January?

Oh wow. Thank you . 
9 months is a long time. I’ll survive. 

Edited May 10, 2022 by JuliaNE

[Family 4,065]

2 minutes ago, Karman said:

I do have unauthorized employment on record. Yes you are correct, I married and then filed I-485 / I-130  ( then I-360) and currently  in “pending “ status. Attorney did recommend me speaking to employer attorney since she is mostly familiar with family based immigration.  

 

How does diversity lottery comes into picture? I am not eligible for it anyways. 

 

I did made legally entry using H1b from non cap which got expired before I applied I-130 and then many months later I-360. 

So if you entered on H-1B and it “ got expired “ then you would have a problem with the new H-1B . Definitely reach out to your employer’s attorney and go over it. 
Ref to diversity lottery was an example where it is crucial to never having “ been out of status or violated status” . 

[Blunt 167]

1 hour ago, Family said:

Easiest way is to go in person to the Social Security Office. ..also remember it’s worth a trip to update the records to DMV and the bank. 
 

You mentioned you will be joining the Military, so please accept my Salute! Hoorah!!! You will Natz fast! 

Thank you so so much ..I really appreciate your advises so far ..God bless everybody on here 

[Kead 0]

Good evening everyone,

Please I have a question not really related to VAWA.

My sister back in my home country is going through domestic violence and she has left her husband’s house .

Here is my question, she has a US citizen child but her husband seized her passport. Now , she wants to leave my home country but she can’t get the passport from her husband . Is it possible to go US embassy and seek for asylum ?

I will appreciate everybody’s contribution.
 

Thank you

[CDIRL 32]

I received an RFE notice email today from USCIS.

 

I am a March 2020 filer, and I am slightly worried, since I felt I submitted every bit of evidence I had to support my case. Hopefully, I will be able to overcome this and send in sufficient documents for approval 🙏🏻

[RKE 18]

Good day all,

Pease I need your candid advice on filling a writ of mandamus after 38 months of silence from USCIS on my I-360. Is there any disadvantage to this? I have exhausted all the available tools to inquire. Pending security checks for more than a year now. I have not had any issue with the police or be convicted in any way. Am scared to be honest. Please advice. Thanks

[Acoxy 38]

1 hour ago, CDIRL said:

I received an RFE notice email today from USCIS.

 

I am a March 2020 filer, and I am slightly worried, since I felt I submitted every bit of evidence I had to support my case. Hopefully, I will be able to overcome this and send in sufficient documents for approval 🙏🏻

Same with me. I got RFE notice email today from USCIS. I am a February 2020 filer. Just waiting for the letter because also I felt I submitted all the evidence. I hope it is not something that I won't will able to provide. 

[shiva32 240]

13 hours ago, Family said:

So if you entered on H-1B and it “ got expired “ then you would have a problem with the new H-1B . Definitely reach out to your employer’s attorney and go over it. 
Ref to diversity lottery was an example where it is crucial to never having “ been out of status or violated status” . 

Agree with @Family here. You cannot obtain a new h1b while within the US. If your H1b status is expired and you are not on any other valid visa status like F1, you will need to consular process to apply for another H1b, which means leaving the country and applying for H1b from a consulate abroad. Also, I have seen that most immigration lawyers are split into those to do family based immigration work and those who do employment based immigration work, and they have zero clue about the other half. So please dont take employment based immigration advice from a family based immigration lawyer. Sad but true from my experience with both kinds of lawyers over the years.  

[Family 4,065]

11 hours ago, Kead said:

Good evening everyone,

Please I have a question not really related to VAWA.

My sister back in my home country is going through domestic violence and she has left her husband’s house .

Here is my question, she has a US citizen child but her husband seized her passport. Now , she wants to leave my home country but she can’t get the passport from her husband . Is it possible to go US embassy and seek for asylum ?

I will appreciate everybody’s contribution.
 

Thank you

It is not possible to go to a US Embassy and seek asylum. Don’t know what country your sister is in, but here is one US Embassy example of what it can do https://hk.usconsulate.gov/our-relationship/policy-history/parole-refugee-asylum-processes/

 

Domestic Violence asylum claims are very challenging and a heavy burden to prove that victim cannot relocate within the country. Some helpful reading https://www.refworld.org.es/pdfid/5dd8395d4.pdf

 

Sister should call police, file for divorce and custody of the child. What country are they in? ..as I realize that in some countries that is not realistic 

[Family 4,065]

2 hours ago, RKE said:

Good day all,

Pease I need your candid advice on filling a writ of mandamus after 38 months of silence from USCIS on my I-360. Is there any disadvantage to this? I have exhausted all the available tools to inquire. Pending security checks for more than a year now. I have not had any issue with the police or be convicted in any way. Am scared to be honest. Please advice. Thanks

Save your money and prepare for possible RFE/ NOID. I would recommend “ imagining “ the most difficult RFE ( maybe someone on this list can share theirs) , one that includes even allegations of sham marriage , so start working on a worst case scenario, IN A COOL CALM and PRO ACTIVE manner. Basically prepare for the worst ( but know you will NEVER have to go through the added pressure of deadlines)  but hope for the best ( case is just stuck in a Black Hole..happens quite frequently) 
 

Do a : 

”   supplemental filling to I-360 xyz..request for record update  to Good Moral Character “
Do a “ background search “ or Police Clearance Letter 

Add a bit of additional bonafide marriage/ abuse evidence ( NOT everything you are preparing for the worst case scenario) 

 

**This is not a requirement, but anything titled Supplemental Filing , often leads to an officer actually looking and taking some action on the case”**

 

 

[J2020 94]

15 hours ago, Family said:

Anything related to VAWA goes through Vermont and only gets transferred from there as their protocols for workload dictates.  To speed anything up , you would need to meet the “ expedite “ criteria…https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Am assuming you will be going to Poland for the IV interview https://pl.usembassy.gov/

and  YES you will do biometrics again  ( much like people who get an I-601 A in the US, do biometrics here and then again in at Consular Interview) . 

Glad to hear your Congressman is still willing to help, because they usually refuse once a person is no longer living in their district. 

 

Thank you for the helpful information 

 

Do you know if they require biometrics even if I got fingerprints at the same US embassy many times before for visa purposes? 

I have to travel by plane to the location of the embassy so I was hoping I can do the IV interview and the fingerprints same day 

 

Yes some congresspersons accept that, they can also help by sending recommendations and references to the US embassies abroad for some types of visas as well 

[Sandra G. 5,054]

14 hours ago, Kead said:

Good evening everyone,

Please I have a question not really related to VAWA.

My sister back in my home country is going through domestic violence and she has left her husband’s house .

Here is my question, she has a US citizen child but her husband seized her passport. Now , she wants to leave my home country but she can’t get the passport from her husband . Is it possible to go US embassy and seek for asylum ?

I will appreciate everybody’s contribution.
 

Thank you

An application for asylum may be submitted if the person is currently residing in the United Stated.Refugee is for those residing abroad, but people affected by domestic violence are not eligible for asylum or to seek refugee.