VAWA, Part 26

[Family 4,060]

7 hours ago, God is a good God said:

2 weeks before the expiration of the extension the attorney told me she mailed a copy of i601 to the local office and gave me the tracking number only . After the i601 was returned with the original i601, the attorney just mailed the VSC letter and a statement explaining the reason why we submitted the vsc letter beyond expiration. But in the denial decision, the officer didn’t mention about the VSC LETTER, I don’t know if he ignore it as it was submitted late or he didn’t receive it , because he said uscis gave you the opportunity to file for waiver  and until now to date we did not receive the receipt notice of the i601 as requested 

No matter if the VSC letter is not mentioned in the denial, it is excellent grounds to I 290 B . Clearly a USCIS error in rejection/ return of I-601. You have proof of timely and proper filing …even though I don’t think attorney mailed to the correct address ( recalling our previous discussion in your post) ..you are saved by the VSC letter . Get a complete copy of the filings from your attorney. 
What has your attorney decided to do ? Appeal or file anew?

[Rhema1 342]

1 hour ago, Sanjayt said:

46 days after sending my Vawa to Nebraska still no receipt and my money order not cash

 

I contacted lockbox and they replied that vawa is not with their office. 

 

 

Pls anyone have the issue with this new vawa center...  

 

 

 

 

Yes vawa is filled in Vermont, not in Nebraska.

Maybe they will chanel it to the right address or send it back to you.

Edited April 1, 2023 by Rhema1

[Sanjayt 0]

1 hour ago, Rhema1 said:

Yes vawa is filled in Vermont, not in Nebraska.

Maybe they will chanel it to the right address or send it back to you.

Pls someone need to confirm what is the right vawa address..... But they said Nebraska is new vawa address...... 

[Rhema1 342]

1 hour ago, Sanjayt said:

Pls someone need to confirm what is the right vawa address..... But they said Nebraska is new vawa address......

Yeah someone should confirm the vawa mailing address. For I'm not aware that it has been changed from Vermont to now Nebraska.

Thanks 🙏

[God is a good God 238]

3 hours ago, Family said:

Yes , I understood the denial . As I pointed out earlier you need to look at rejected / returned I-601 packet along with the copy of the I-601 sent to Field Office and make sure a copy of the RFE instructing waiver filing is required. Once you ( or attorney) determine the RFE was there , just file the I-290B ( mark both motion to re open and Motion to reconsider ) and show ALL your attempts at a “ proper filing of required I-601” and diligent actions to timely satisfy the RFE deadline. The resulting rejection/ return of I-601 and appropriate fee is a USCIS error. Therefore you are requesting I-485 be re opened and additional time to file I-601 be granted .

Thank you

[God is a good God 238]

3 hours ago, Family said:

No matter if the VSC letter is not mentioned in the denial, it is excellent grounds to I 290 B . Clearly a USCIS error in rejection/ return of I-601. You have proof of timely and proper filing …even though I don’t think attorney mailed to the correct address ( recalling our previous discussion in your post) ..you are saved by the VSC letter . Get a complete copy of the filings from your attorney. 
What has your attorney decided to do ? Appeal or file anew?

We are discussing it Tuesday. I think motion to reconsider or appeal fits this scenario 

[God is a good God 238]

4 hours ago, Family said:

Yes , I understood the denial . As I pointed out earlier you need to look at rejected / returned I-601 packet along with the copy of the I-601 sent to Field Office and make sure a copy of the RFE instructing waiver filing is required. Once you ( or attorney) determine the RFE was there , just file the I-290B ( mark both motion to re open and Motion to reconsider ) and show ALL your attempts at a “ proper filing of required I-601” and diligent actions to timely satisfy the RFE deadline. The resulting rejection/ return of I-601 and appropriate fee is a USCIS error. Therefore you are requesting I-485 be re opened and additional time to file I-601 be granted .

I will definitely check if a copy of rfe was included, good point. I suspect she didn’t include it in and that’s why it was returned as not needed

[God is a good God 238]

4 hours ago, Family said:

Yes , I understood the denial . As I pointed out earlier you need to look at rejected / returned I-601 packet along with the copy of the I-601 sent to Field Office and make sure a copy of the RFE instructing waiver filing is required. Once you ( or attorney) determine the RFE was there , just file the I-290B ( mark both motion to re open and Motion to reconsider ) and show ALL your attempts at a “ proper filing of required I-601” and diligent actions to timely satisfy the RFE deadline. The resulting rejection/ return of I-601 and appropriate fee is a USCIS error. Therefore you are requesting I-485 be re opened and additional time to file I-601 be granted .

What if the rfe was not included ? Still file I 290B?

[Family 4,060]

2 hours ago, Sanjayt said:

4 hours ago, Rhema1 said:

Yes vawa is filled in Vermont, not in Nebraska.

Maybe they will chanel it to the right address or send it back to you.

Pls someone need to confirm what is the right vawa address..... But they said Nebraska is new vawa address

Here you go. Changes do happen, so you can always Google resources and stay on top f it. Good parctice is to enter a search and include USCIS n the question ( to Google) .llusualy takes you direct to USCIS source for info

 

https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-360-immigrant-petition-for-amerasian-widower-or-special-immigrant

Alert: Starting Feb. 10, 2023, VAWA self-petitioning abused spouses, children, and parents must file Form I-360 and Form I-485, Application to Register Permanent Residence or Adjust Status, at the Nebraska Service Center instead of the Vermont Service Center. To minimize the impact of this change, we have extended the grace period from 30 days to 60 days for petitioners to file Form I-360 and Form I-485 at the Vermont Service Center. The grace period will now run through April 12, 2023. Applications filed at the Vermont Service Center must be postmarked by April 12, 2023. We will reject any VAWA-based Form I-360 or Form I-485 filed at the Vermont Service Center that is postmarked after that date.

[Family 4,060]

8 minutes ago, God is a good God said:

What if the rfe was not included ? Still file I 290B?

I cannot imagine such a n error on your attorney’s part..and I would expect her to make an argument that nothing was lacking in the proper filing. You can review the entire rejected packet and look to see if every page of the submission bears a USCIS stamp. 
NO matter if RFE was in or not, you have grounds for I-290 B… full speed ahead . Within a few weeks you will know if filing another I-485 is warranted. 

[God is a good God 238]

13 minutes ago, Family said:

I cannot imagine such a n error on your attorney’s part..and I would expect her to make an argument that nothing was lacking in the proper filing. You can review the entire rejected packet and look to see if every page of the submission bears a USCIS stamp. 
NO matter if RFE was in or not, you have grounds for I-290 B… full speed ahead . Within a few weeks you will know if filing another I-485 is warranted. 

Thank you, I will go to her office Monday and check with her clerk. If she didn’t include rfe in I think I’m gonna be very upset and she either return the legal fee I paid or file the i290b for free 

[Rhema1 342]

2 hours ago, God is a good God said:

Thank you, I will go to her office Monday and check with her clerk. If she didn’t include rfe in I think I’m gonna be very upset and she either return the legal fee I paid or file the i290b for free 

My dear, it's not that I have something against your lawyer.

Many of us on this thread went through All the vawa process and got it, including our green card without any attorneys 

So be very smart and have your eyes open when you are dealing with them.

Speed up the motion to reopen and to reconsider process. You have a good ground for that.

Edited April 2, 2023 by Rhema1

[Reto 67]

2 hours ago, God is a good God said:

Thank you, I will go to her office Monday and check with her clerk. If she didn’t include rfe in I think I’m gonna be very upset and she either return the legal fee I paid or file the i290b for free 

Please take a look in all your papers, be hard on your lawyer, he made a mistake and has to solve it like NOW NOW

[God is a good God 238]

1 hour ago, Rhema1 said:

My dear, it's not that I have something against your lawyer.

Many of us on this thread went through All the vawa process and got it, including our green card without any attorneys 

So be very smart and have your eyes open when you are dealing with them.

Speed up the motion to reopen and to reconsider process. You have a good ground for that.

Thank you so much 

[God is a good God 238]

38 minutes ago, Reto said:

Please take a look in all your papers, be hard on your lawyer, he made a mistake and has to solve it like NOW NOW

I will check, thank you