VAWA, Part 26

[2020filer 74]

12 hours ago, OldUser said:

Did you move addresses?

Maybe your interview invitation letter was sent to a wrong address?

The interview was for the original case in 2020 which I attended

[2020filer 74]

13 hours ago, balo101 said:

you should make an info pass appointment to find out status of your case.

Am I out of processing times? Also, is it better to do infopass or inquire through the senator? Thank you 

[balo101 669]

1 hour ago, steve_o said:

I tried to do infopass but they could not check my file so they told me that they could not do anything. Yes, I already sent out my background check, but it also did not work.  

I feel I do not have any choice except to file a Mandamus against USCIS.

That is the main reason for the info pass since they do not have access to our files. I went there twice. When i called them they told me same thing then i said sir that is the reason i want to visit to see the status since you do not have access to my file. try again time you will get it and take the backgorund copy with you. 

[balo101 669]

36 minutes ago, 2020filer said:

Am I out of processing times? Also, is it better to do infopass or inquire through the senator? Thank you 

What is your field office? I would say do the info pass. That really helped me. 

[steve_o 8]

9 hours ago, balo101 said:

That is the main reason for the info pass since they do not have access to our files. I went there twice. When i called them they told me same thing then i said sir that is the reason i want to visit to see the status since you do not have access to my file. try again time you will get it and take the backgorund copy with you. 

Thank you so much my friend. I will def. try to call infopass to get help and hopefully i can visit the local office.  I have been waiting since 2020 for my gc interview. I am afraid it will take another a couple of years. 

[balo101 669]

49 minutes ago, steve_o said:

Thank you so much my friend. I will def. try to call infopass to get help and hopefully i can visit the local office.  I have been waiting since 2020 for my gc interview. I am afraid it will take another a couple of years. 

Yes go for it. I wish you best of luck!

[balo101 669]

Just now, balo101 said:

Yes go for it. I wish you best of luck!

 

[Sorrowhope 71]

On 9/13/2023 at 10:35 PM, Demise said:

You have it backwards.

 

There's only two cases where it's done that way:

 

1. you're in Exclusion Proceedings, which were basically initiated on entry pre-1997 because in that case USCIS retains jurisdiction over I-485, so you can adjust with them and then let the court know "I'm an LPR now, please terminate".

 

2.  you entered as an "Arriving alien" where you were paroled in (and not by AP associated with this I-485), in case of which, yes USCIS retains jurisdiction over the I-485 and you can just adjust with them and then terminate the proceedings once you get your green card.

 

For old deportation proceedings and current removal proceedings otherwise USCIS simply doesn't have jurisdiction over the I-485 to review it. So the way about there is to either file I-485 with the court or seek termination and then file I-485.

 

 

So, you likely aren't in exclusion proceedings, were you paroled into the country somehow? Because this is the one detail whether what your lawyer is doing is making sense or not.

I reach out my attorney and I got that email , I will attach it here ..

[Family 3,988]

37 minutes ago, Hope21 said:

I reach out my attorney and I got that email , I will attach it here ..

Here is a possible reply to that email;

 

Dear Attorney;

It sounds like the I-485 you filed with USCIS has been rejected for lack of jurisdiction. Since Court will not allow my I-485 to be either filed or feed in, while my case is administratively closed , theirs is indeed nothing to do but wait in that respect. 
 

I do not wish to wait any longer to pursue what I understand is the only method that will move the court to take action . We need to file a Motion to Recalendar/ Motion to Terminate with the court asap. .,based on my already approved I-360 and the presumption that ICE will not oppose , as I am not a removal priority.

 

As I have learned we will either get a hearing date or Motion to Terminate may be granted without one. 
Since my goal is to get proceedings terminated asap, I anticipate re filing I-485 w USCIS after and will not be seeking to adjust in court.

I am sure you can reach out to OPLA to see if they will join , but even if they do not respond we can state the motion will likely be unopposed.

 

@Demise will have great hands on insights BUT you must keep pressure for motion to be filed. 
 

[Demise 1,278]

Yeah basically what @Family has said @Hope21.

 

Though I wonder, did your lawyer file with Nebraska/Vermont or with Irving, TX. Irving, TX would be the one where you file to get a receipt number and pay for it before filing I-485 with the court. Like that's one way to play it - pay for the I-485 and basically go "we've got everything ready, you can dismiss or we can do it via the court" which puts pressure on ICE and the Immigration Court because neither want to bother with cases that USCIS could handle.

 

Still, either way the route about this is to either get a joint motion to recalendar and dismiss (if ICE agrees) or motion to recalendar and terminate (if ICE disagrees or ignores you), or motion to recalendar and file I-485 with the court. Waiting is doing you zero favors.

Edited September 16, 2023 by Demise

[Sorrowhope 71]

6 hours ago, Demise said:

Yeah basically what @Family has said @Hope21.

 

Though I wonder, did your lawyer file with Nebraska/Vermont or with Irving, TX. Irving, TX would be the one where you file to get a receipt number and pay for it before filing I-485 with the court. Like that's one way to play it - pay for the I-485 and basically go "we've got everything ready, you can dismiss or we can do it via the court" which puts pressure on ICE and the Immigration Court because neither want to bother with cases that USCIS could handle.

 

Still, either way the route about this is to either get a joint motion to recalendar and dismiss (if ICE agrees) or motion to recalendar and terminate (if ICE disagrees or ignores you), or motion to recalendar and file I-485 with the court. Waiting is doing you zero favors.

Hi again , it was initially submitted to TX Irwin and we got rejected from there but I found also expired form on my file ,after that th attorney called me and she said we are going to send it to another office. Which was nebraska . They rejected cuz of no active hearing I believe so . I don’t know if I’m going to get approved it will be really luck . 

[777_777 15]

Hey guys, 

 

just a quick question… I had two separate applications for ead  C09 and c31. So last year USCIS issued EAD c09 but used my c31 case number in the card. So yesterday they approved my c09 application and issued a card with c09 category again.
 

i am confused why would they issue two EAD cards to me with same category if one of the applications was for c31? 🙄 

[Family 3,988]

5 hours ago, Hope21 said:

Hi again , it was initially submitted to TX Irwin and we got rejected from there but I found also expired form on my file ,after that th attorney called me and she said we are going to send it to another office. Which was nebraska . They rejected cuz of no active hearing I believe so . I don’t know if I’m going to get approved it will be really luck . 

No matter where she files , it will do nothing for your case. Once you understand it cannot be filed or feed in w court while admin closed…then you also understand juggling USCIS initial acceptance rill only result in no jurisdiction hold..

 

Just do yourself a favor and talk to a few other attorneys AND insist ALL you want NOW is to file motion with the court .. Your attorney is doing a song and dance …and lacks hands on volume expertise. @Verrou has experience getting her own reluctant attorney to do it, hopefully she also chimes in

[Sorrowhope 71]

5 minutes ago, Family said:

No matter where she files , it will do nothing for your case. Once you understand it cannot be filed or feed in w court while admin closed…then you also understand juggling USCIS initial acceptance rill only result in no jurisdiction hold..

 

Just do yourself a favor and talk to a few other attorneys AND insist ALL you want NOW is to file motion with the court .. Your attorney is doing a song and dance …and lacks hands on volume expertise. @Verrou has experience getting her own reluctant attorney to do it, hopefully she also chimes in

I will definitely consult some other lawyers. I will post here, what they will tell me . Thank you for your help I will push them to do it . I also have seen here some members got terminated their removal with Vawa approvals notice . I might have done if they asked to terminate my removal with approval notice.  I paid them fully so they are trying to creat another paths to get more money I guess .

[balo101 669]

2 hours ago, 777_777 said:

Hey guys, 

 

just a quick question… I had two separate applications for ead  C09 and c31. So last year USCIS issued EAD c09 but used my c31 case number in the card. So yesterday they approved my c09 application and issued a card with c09 category again.
 

i am confused why would they issue two EAD cards to me with same category if one of the applications was for c31? 🙄 

That is strange. What is status of your i-360 right now?