VAWA, Part 26

[Aadi135 68]

18 minutes ago, Hope4me said:

My VAWA has been pending since January 2020. I responded to an RFE in July 2022. I travelled on AP Dec 21, 2022 and returned January 9, 2023. I was sent to secondary inspection and came out in less than 30 minutes. No problems. My buddy also travelled same day and he just returned last week, no problem. Why will you be different? Ease your mind, take your trip. 

@Hope4me, thanks for your post. I am April 2020, with 2 RFE and responded In April 2022, planning a month long trip to my home country. Currently my case is in Background check. I am scared to death what if my vawa for any reason get denied while I am abroad ? I will never able to come back. 
 

your friend who came back last week. What is his/her filing date ? 

[i-need-help-pls 72]

Congratulations @Sasacb  . 

Edited February 6, 2023 by i-need-help-pls

[i-need-help-pls 72]

12 hours ago, Sasacb said:

Green card in hands.  

Thank you God 🙏🙏🙏🙏🙏

Thank  you to this incredible forum with precious information and for everyone who post here everyday

i hope this year can be fully of good news for everyone.

 

Time line 

**March 2018 - filed vawa and ask the USCIS to hold the I485.

Since 2018 they never took any action on my case ‘always renewing prima facie and work permit’. I sent a lot inquires from congressman to USCIS and they always saying ‘background check’.

**July2022- I fired the lawyer who filed my case and hired a new one. The new lawyer was doing everything to make uscis take action on my case and that didn’t make any difference to USCIS …always saying background check.

My new lawyer recommended that I hire another lawyer to sue USCIS ‘MANDAMUS’.

**September19/2022 - I hire a lawyer to sue the USCIS and that cost me $5k and the amazing and competent lawyer assured me that my case would be approved based on my evidences against my abuser.

**November01/2022  - vawa approved.

**December14/2022 - RFE i693 

**January17/2023 - I sent the I693

**January26/2023 - i485 we ordered your new card

**January27/2023 - I485 APPROVED

**February01/2023 - they mailed the green card and USPS pick up the mail containing my new card

**February04/2023 - the USPS delivered MY GREEN CARD 😭🙏🙏🙏

 

THANK YOU THANK YOU everyone finally my journey is completed so far 🙏🙏🙏🙏

 

DONT GIVE UP, I hope everyone who is passing thru this long and stressful process can enjoy from this glory 🙏🙏🙏

Congratulations. 

[Members990 2]

Who is here for August 2020 vawa fillers ? Please mention

[Mtu 4]

Anyone else getting similar status when you're checking USCIS website or it's just mine? Is there an outage or what's going on?

 

My status has been like this for 5 days. It reads "Your case status is unavailable at this time?"

 

Why?? Any clue or help will be so much appreciated.

 

Thanks.

[balo101 669]

1 hour ago, Mtu said:

Anyone else getting similar status when you're checking USCIS website or it's just mine? Is there an outage or what's going on?

 

My status has been like this for 5 days. It reads "Your case status is unavailable at this time?"

 

Why?? Any clue or help will be so much appreciated.

 

Thanks.

I think their system is down. I have a same message on my account and people on other forum also stated same thing. nothing to worry about. 

[Persica 4]

I got a simple DUI first offense conviction. I have been suffering from PTSD and depression for more than a year now and I made the worst decision under the circumstances and I drove while intoxicated. This is my first ever offense and paid a fine of $500. I plead "No Contest" to the charge. My VAWA is pending. This is my first ever offense. There was no other person involved, I had a valid license and there was no baby in the car. I bring up the 3 things because under the stature it says these 3 DUIs are the ones that amount to CIMT and hence establishes lack of GMC. 

 

I have always had a good moral character. I am a attorney by profession, graduated from a reputed law school and have taken part in various volunteer activities. Could someone please shed light on this situation, and if they know someone who has been in the same situation? would mean a lot at this point.

 

Also, if someone could tell me what more I can do to help with a good moral character? volunteering at certain organizations etc. 

 

Again, means a lot. Thanks!

 

@sandranj @Demise @Rhema1@Stillwinning!!!😊

[balo101 669]

14 hours ago, Priya25 said:

Hello Family,

Do we need to submit the divorce certificate , I never received one i do have the decision papers that was shared but do not have a certificate

not really. If USCIS did not ask then you do not have to. I never sent mine. 

[Stillwinning!!!😊 4,570]

1 hour ago, perseverance_ said:

I got a simple DUI first offense conviction. I have been suffering from PTSD and depression for more than a year now and I made the worst decision under the circumstances and I drove while intoxicated. This is my first ever offense and paid a fine of $500. I plead "No Contest" to the charge. My VAWA is pending. This is my first ever offense. There was no other person involved, I had a valid license and there was no baby in the car. I bring up the 3 things because under the stature it says these 3 DUIs are the ones that amount to CIMT and hence establishes lack of GMC. 

 

I have always had a good moral character. I am a attorney by profession, graduated from a reputed law school and have taken part in various volunteer activities. Could someone please shed light on this situation, and if they know someone who has been in the same situation? would mean a lot at this point.

 

Also, if someone could tell me what more I can do to help with a good moral character? volunteering at certain organizations etc. 

 

Again, means a lot. Thanks!

 

@sandranj @Demise @Rhema1@Stillwinning!!!😊

Glad you are an attorney as you should be familiar with these processes to an extent. Being completely honest as you have demonstrated helps..also if it’s your first time according to what I read somewhere, it’s usually not as bad as a frequent occurrence. Here’s what I found and hope it helps.🙂

 

 

 

Driving under the influence (DUI) of alcohol is a serious crime. If you have a DUI on your record, you may be wondering how it will affect your green card application and whether you will be approved for your green card.

Drunk driving, by itself, is usually not grounds to deny an applicant a green card.  However, in certain circumstances, drunk driving can result in inadmissibility on health-related or criminal-related grounds. 

Will A DUI Disqualify You on Health-related Grounds?

When considering whether your DUI will disqualify you on health-related grounds, it is important to note that the United States Citizenship and Immigration Services (“USCIS”)treats alcoholism and alcohol use disorders (abuse or dependence) as a physical or mental disorder. Applicants with a physical or mental disorder will only be inadmissible if they exhibit harmful behavior associated with their disorder that has posed or is likely to pose a threat to the property, safety, or welfare of the alien or others.

During your green card application process, you will be medically evaluated for disorders, including alcoholism, and any associated harmful behavior. Driving a vehicle while under the influence of alcohol does qualify as an associated harmful behavior. Therefore, if you are evaluated and found to be an alcoholic or have an alcohol use disorder, the DUI in conjunction with the disorder may amount to a health-related ground for inadmissibility.

Medical Evaluations During Green Card Application Process

If you fail to report alcohol-related driving incidents during your medical evaluation, the incident will likely be revealed in your criminal record anyway. In such a case, an immigration officer may require a re-examination if you have a significant criminal record of alcohol-related driving incidents, including:

• One or more arrests or convictions for alcohol-related driving incidents while your driver’s license was suspended, revoked, or restricted at the time of the arrest due to a previous alcohol-related driving incident.
• One or more arrests or convictions for alcohol-related driving incidents where personal injury or death resulted from the incident.
• One or more convictions for alcohol-related driving incidents where the conviction was a felony in the jurisdiction in which it occurred or where a sentence of incarceration was actually imposed.
• One arrest or conviction for alcohol-related driving incidents within the preceding five years.
• Two or more arrests/convictions for alcohol-related driving incidents within the preceding ten years.

After the re-examination, the immigration officer may find you inadmissible on health-related grounds.

Criminal-Related Grounds For Inadmissibility 

The second way a DUI may affect your green card application is based on criminal-related grounds for inadmissibility. If the DUI is categorized as a crime involving moral turpitude, you will be deemed inadmissible. A crime involving moral turpitude (“CIMT”) generally involves conduct that violates accepted moral standards. Driving under the influence, by itself is not a CIMT, nor will multiple convictions of driving under the influence amount to a CIMT. 

However, the Board of Immigration Appeals (“BIA”) has found DUIs to be crimes involving moral turpitude when the DUI was coupled with knowingly driving on a suspended or revoked license. The BIA has ruled that a person who drives while under the influence and knowing that he or she is prohibited from driving, commits a crime that is contrary to accepted moral standards. Thus, the element that transforms a DUI into a CIMT is the offender’s knowledge that he does not have the privilege to drive. It is the deliberate and knowing disregard for the law that brings the offender’s conduct outside the confines of accepted moral standards and subjects the applicant to criminal-related grounds of inadmissibility. 

[Persica 4]

1 hour ago, Stillwinning!!!😊 said:

Glad you are an attorney as you should be familiar with these processes to an extent. Being completely honest as you have demonstrated helps..also if it’s your first time according to what I read somewhere, it’s usually not as bad as a frequent occurrence. Here’s what I found and hope it helps.🙂

 

 

 

Driving under the influence (DUI) of alcohol is a serious crime. If you have a DUI on your record, you may be wondering how it will affect your green card application and whether you will be approved for your green card.

Drunk driving, by itself, is usually not grounds to deny an applicant a green card.  However, in certain circumstances, drunk driving can result in inadmissibility on health-related or criminal-related grounds. 

Will A DUI Disqualify You on Health-related Grounds?

When considering whether your DUI will disqualify you on health-related grounds, it is important to note that the United States Citizenship and Immigration Services (“USCIS”)treats alcoholism and alcohol use disorders (abuse or dependence) as a physical or mental disorder. Applicants with a physical or mental disorder will only be inadmissible if they exhibit harmful behavior associated with their disorder that has posed or is likely to pose a threat to the property, safety, or welfare of the alien or others.

During your green card application process, you will be medically evaluated for disorders, including alcoholism, and any associated harmful behavior. Driving a vehicle while under the influence of alcohol does qualify as an associated harmful behavior. Therefore, if you are evaluated and found to be an alcoholic or have an alcohol use disorder, the DUI in conjunction with the disorder may amount to a health-related ground for inadmissibility.

Medical Evaluations During Green Card Application Process

If you fail to report alcohol-related driving incidents during your medical evaluation, the incident will likely be revealed in your criminal record anyway. In such a case, an immigration officer may require a re-examination if you have a significant criminal record of alcohol-related driving incidents, including:

• One or more arrests or convictions for alcohol-related driving incidents while your driver’s license was suspended, revoked, or restricted at the time of the arrest due to a previous alcohol-related driving incident.
• One or more arrests or convictions for alcohol-related driving incidents where personal injury or death resulted from the incident.
• One or more convictions for alcohol-related driving incidents where the conviction was a felony in the jurisdiction in which it occurred or where a sentence of incarceration was actually imposed.
• One arrest or conviction for alcohol-related driving incidents within the preceding five years.
• Two or more arrests/convictions for alcohol-related driving incidents within the preceding ten years.

After the re-examination, the immigration officer may find you inadmissible on health-related grounds.

Criminal-Related Grounds For Inadmissibility 

The second way a DUI may affect your green card application is based on criminal-related grounds for inadmissibility. If the DUI is categorized as a crime involving moral turpitude, you will be deemed inadmissible. A crime involving moral turpitude (“CIMT”) generally involves conduct that violates accepted moral standards. Driving under the influence, by itself is not a CIMT, nor will multiple convictions of driving under the influence amount to a CIMT. 

However, the Board of Immigration Appeals (“BIA”) has found DUIs to be crimes involving moral turpitude when the DUI was coupled with knowingly driving on a suspended or revoked license. The BIA has ruled that a person who drives while under the influence and knowing that he or she is prohibited from driving, commits a crime that is contrary to accepted moral standards. Thus, the element that transforms a DUI into a CIMT is the offender’s knowledge that he does not have the privilege to drive. It is the deliberate and knowing disregard for the law that brings the offender’s conduct outside the confines of accepted moral standards and subjects the applicant to criminal-related grounds of inadmissibility. 

Really appreciate you putting in all this time and effort in providing the above information. I believe this part comes in when I have an approved 360 and GC application is pending. But I'm not sure how this would affect my pending 360 application. I received my first prima facie back in March and I think soon I'll be receiving an RFE to provide the final evidence. During that time I'm sure they will find out about the DUI and at that point how does that affect my application? since you need to have a good moral character to have 360 approved. Any insights on that would be greatly helpful, and anything I can do to minimize the damage. Thanks

[Stillwinning!!!😊 4,570]

1 hour ago, perseverance_ said:

Really appreciate you putting in all this time and effort in providing the above information. I believe this part comes in when I have an approved 360 and GC application is pending. But I'm not sure how this would affect my pending 360 application. I received my first prima facie back in March and I think soon I'll be receiving an RFE to provide the final evidence. During that time I'm sure they will find out about the DUI and at that point how does that affect my application? since you need to have a good moral character to have 360 approved. Any insights on that would be greatly helpful, and anything I can do to minimize the damage. Thanks

Aside it being your first time which like I mentioned before makes it a lot less than frequent occurrence, you should be able to write about it in your personal affidavit, reiterating that it’s a one time thing and all of that good stuff…also get family, friends, neighbors and colleagues to write of your good moral character. We all make mistakes and even the adjudicating officer should know that. On your part, try not to be in any such situation again. It is true that you need to maintain GMC to meet one of the several requirements for i360, but you have to take your chances. Being honest is a demonstration of GMC…believe the best, stay positive.😊

[Persica 4]

Thank you, my friend. I appreciate you, and your advise. And there's no way I'm getting into a situation like this again. 

 

I have letters from my professors, employees, and friends. I'm now thinking of volunteering at different organizations and then get letter from them. 

 

If anyone has anything more to add, please do, it would be greatly helpful. These interactions are godsend for all of us on this journey and in this group. Thanks

[Family 3,988]

1 hour ago, perseverance_ said:

If anyone has anything more to add

Don’t wait for RFE, get in front of the issue both with arrest /conviction record and any other evidence you deemed “ final” …no such concept. A thorough initial I-360 filing can and has been approved without RFEs.

In your case, run your own FBI prints ( inexpensive and fast ) to show no other law enforcement contacts, get certified court disposition ( include plea agreement) and  your statement of remorse / rehabilitation ( you’ve a good handle of it , per your detailed post)…add a sentence or two tying in the event to the lingering after effects of abuse.

Send it in w a cover letter titled Supplemental Filing to I-360 xxx Good Moral Character “ 

 

Why did you not get a wet and reckless? 

 

Yes , many others have successfully obtained approvals , so no worries 
 

Edited February 6, 2023 by Family

[Deee Smith 40]

On 2/5/2023 at 1:35 AM, TBoneTX said:

It is Sunday, time at last for our highly necessary Official Weekly VAWA-Thread Joke:

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

IT'S GOING TO COST YOU...

 

One day, while walking through the Garden of Eden, Adam looked up to Heaven and spoke to God.

 

"Father, this place is great, but there is one thing missing," he said.

 

"What is that, my son?" God asked.

 

"Well, it would be nice to have a mate; I'm awfully lonely down here, and all the other animals have mates but me.  All I'm asking for is: a creature more beautiful than the Garden, one who likes making love like I do, never has a headache, and who will cook, clean, and be at my beck and call morning, noon, and night," pleaded Adam.

 

And God said, "That's a tall order, although perhaps I have just such a creature in mind.  However, it's going to cost you big-time."

 

"Really?  How much?" asked Adam.

 

"An arm and a leg," replied God.

 

Adam thought this over, and then asked, "Well, what can I get for a rib?"

 

I lol! Hahahahahahahahahaha!

[FirstTimer 93]

20 hours ago, Aadi135 said:

@Hope4me, thanks for your post. I am April 2020, with 2 RFE and responded In April 2022, planning a month long trip to my home country. Currently my case is in Background check. I am scared to death what if my vawa for any reason get denied while I am abroad ? I will never able to come back. 
 

your friend who came back last week. What is his/her filing date ? 

I am December 2020, never received RFE and still waiting for something from them... Fingers crossed