VAWA, Part 25

[Sandra G. 5,054]

4 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

A Writ of Mandamus must be filed against five plaintiffs, not just against USCIS.You should not attempt to file without an attorney .

 

 

[RKE 18]

11 minutes ago, sandranj said:

A Writ of Mandamus must be filed against five plaintiffs, not just against USCIS.You should not attempt to file without an attorney . I guess the plaintifs are U.S. Citizenship & Immigration Service, Department of Homeland Security, and possibly, the Federal Bureau of Investigation as defendants 

 

Please what are the possible implication. The disadvantages regarding future application? 

Edited May 10, 2022 by RKE

[NewPaths 2]

5 hours ago, Karman said:

1) For me my spouse received only $9987 per year from her ssi and that's the only income. I didn't had any other income so I showed the value of my house, her car value and saving in account. The cash value should be three times of the deficit of annual income. Three times is for spouse of us citizen and for other people it's five times. I never got any RFE for this.

2)RFE doesn't determine the outcome of your EAD. EAD is only issued because you have pending 485. The sooner you apply 765 the sooner you will get EAD.

3)Unauthorized unemployment is not a problem for spouse of us citizen and VAWA self petitioner. The problem arises when is it not disclosed on the form or to immigration officer and he can deny because of misrepresentation. 

4)You applying VAWA is not going to create a problem for your husband, but USCIS does its investigation and will go to places and people inquiring about the affidavits and places you mentioned on your application. 

 

All this information is from my personal experience and not a legal advice. 

Hi Karman, thanks for your reply. 

1) He doesn't have assets, I have some savings but it won't be enough, and his car is new. The ssi is higher than 3700 per month total (for both my stepchildren) which is a few thousands more than the 125% poverty guideline for 4 in the household but I dont know why it is not enough. 

2) ok, what i understand from you is- if i were to apply for Vawa now, the EAD will still arrive based on when I submitted my i764, whether or not my i864 financial support is complete?

3) yay! and 4) noted! 

 

There are people on Reddit telling us that people in DC are getting their EADs in 40 days, biometrics appointment in 8 days. I am in Texas i dont think it is that fast, my biometrics appointment was in 30 days. I hope i can get my EAD in less than 90 days.

 

I really appreciate your sharing. Thank you again.  

3) 

[NewPaths 2]

On 5/9/2022 at 11:55 AM, Pinkrlion said:

A joint sponsor can be anyone that is a LPR or a US Citizen.  

Thank you for your advice. 

 

I dont have friends, I am here only 1 year and all my classmates were international students. I am not going to ask my husbands' friends and our neighbours because i dont want him to know where i am or even my new phone number, i wasn't at all close to them anyway. Is it possible that someone can feel charitable enough to sponsor me, where can i find such a person? haha

[Family 4,065]

1 hour ago, J2020 said:

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 

You will have instructions for making  fingerprints appointment once you get interview. Best is for you to contact embassy directly, since what I see in attached link says that Belarus should not schedule “online” ..but again, EVERYONE who obtained a visitor visa previously and are going through a different visa process does have fingerprints..l think you are comparing the skipping of biometrics for various apps by those within the US. 
You should ABSOLUTELY fly to your interview at least A DAY BEFORE your interview ( usually 3 days is safest) and remember you will have medical exam ( doubt they will waive it as the I-693  was for your I-485 w USCIS and not for DOS) and you may face delays in scheduling your medical appointment , unless things change and peace reigns. 
Start communication with embassy or try to follow posts on VJ specific to those going through Poland for immigrant visas.

[Family 4,065]

17 minutes ago, NewPaths said:

dont have friends, I am here only 1 year and all my classmates were international students. I am not going to ask my husbands' friends and our neighbours because i dont want him to know where i am or even my new phone number, i wasn't at all close to them anyway. Is it possible that someone can feel charitable enough to sponsor me, where can i find such a person? haha

If you are pursuing I-360 VAWA, have sought refuge for the sake of safety and are no longer communicating with your abuser/ spouse , then in the eyes of USCIS you should notify them to hold I-485 in abeyance ( on hold) because the basis ( I-130 and marriage as filed ) is no more . You would need to file your I-360 ASAP and follow the course.

Responding to RFE on issues of I-864 is akin to responding on behalf of your abuser/ spouse’s qualifying income or lack of….so I don’t recommend it…even if you could find a new friend to help out and be your joint sponsor.

SSI he gets for children is NOT counted as qualifying income, regardless of the amount, for the very reasons you suspect ( it’s temporary and it’s for the children, not his )

 

[RavE77 2]

On 3/29/2022 at 7:11 AM, sandranj said:

I

It's time to contact your congressperson to inquire on your behalf.

Hi Sandra I followed  your advise and here results from congressperson

Thank you for submitting your inquiry for I-485, Application to Register Permanent Residence or Adjust Status, EAC17xxxxxxxxx, on behalf of your constituent 

Please be advised that a review of USCIS records indicate that the I-485 application is currently awaiting to be scheduled for an interview with an Immigration Service Officer at the Brooklyn Field Office. 

?We are unable to provide a precise interview date at this time. However, please be assured that USCIS is diligently working to complete this case and once a date becomes available, the applicant will be notified accordingly. 

 

Please allow 90 days for an update. 

Is it 90 days i will get an update interview notice?

[Demise 1,304]

2 hours ago, sandranj said:

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.

 

I don't think that's right. Matter of A-B- I (AG, 2018) got overturned in Matter of A-B- III (AG, 2021). This returned Matter of A-R-C-G- (BIA, 2014), into being the controlling precedent. Basically, looks like what falls under "particular social group" is once again very broad and inability or unwillingness to be protected by local government once again constitutes persecution.

 

So looks like asylum is once again open to victims of DV.

Edited May 10, 2022 by Demise

[HustlingStill 156]

can anyone please put some thoughts to current processing time of 25.5 mnth? 

[Bshine 24]

On 5/9/2022 at 12:38 PM, TheGraveMistake said:

Hey guys i'm hoping someone could maybe offer some advice. I am in possibly a situation that might delay or mess up this wonderful job opportunity that i have. So, the original petition is vawa filed concurrently with i485. Receipt date is dec of 2018 so it's been a while. We plan on putting in a case inquiry through our lawyer soon. But anyways i have a work permit under the c9 category and when it expired feb 2022 it was the 1 year EAD and around last year they were still saying to send in the renewal paperwork 3-4 months before expiration date of current work permit so we did. They however, sent it back due to non payment which was weird since we hadnt had to pay for the last few renewals but they marked the fingerprints as being received dec 2021. I have a job offer with a start date of july right now and the vermont c9 processing times is 10.5 months. I am very worried that i won't receive my work permit on time. Even with the 180 days it is only valid till August but my job is reluctant to let me start with the I-797 notice extension. Is there anything to be done besides waiting and hoping?

Uscis have increased the 180 days to 540 days. Your recipe should be able hold you till you get your work authorization.

[Kead 0]

11 hours ago, Family said:

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 

Thank you for the information 

8 hours ago, sandranj said:

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.

 

Thank you Sandra

[Salyeen 17]

4 hours ago, Bshine said:

Uscis have increased the 180 days to 540 days. Your recipe should be able hold you till you get your work authorization.

Since we talking about 180 days if they 180 almost expires how can I get a new extension? And when should I request a new one ?? 
 

i don’t want to lose my job and it’s been 100 days since biometric and no change in my EAD and vawa 

[TBoneTX 45,603]

Wednesday means our Semiofficial Semiweekly VAWA-Thread Joke (always worthy of an upvote):

================================

SOME SHORT ONES

 

Patient #1:  "Is your dentist careful?"

Patient #2:  'Sure.  He filled my teeth with great pains."

 

Boss:  "You're an hour late!  You should have been here at 9 o'clock."

Office Boy:  "Why?  What happened?"

 

Man:  "How did you lose your hair?"

Bald Man:  "Worry."

Man:  "About what?"

Bald Man:  "Losing my hair."

 

Salesman:  "This machine is really worth having.  It will do half of your work."

Customer:  "In that case, I'll take two!"

 

Student:  "What has 12 legs, a brown fuzzy body, and purple eyes?"

Teacher:  "I don't know; what has?"

Student:  "I don't know, either, but it certainly doesn't look nice on your neck."

 

[balo101 669]

7 hours ago, Salyeen said:

Since we talking about 180 days if they 180 almost expires how can I get a new extension? And when should I request a new one ?? 
 

i don’t want to lose my job and it’s been 100 days since biometric and no change in my EAD and vawa 

It will automatically in the system. If your HR ask for Proof then refer them to USCIS website or print that notification from USCIS website to show them. 

[Salyeen 17]

1 minute ago, balo101 said:

It will automatically in the system. If your HR ask for Proof then refer them to USCIS website or print that notification from USCIS website to show them. 

Yeah they knew about the Extension

But how about if the Extension expired?