VAWA, Part 26

[Family 4,064]

3 hours ago, Demise said:

Hey quick question. Finally got my proceedings dismissed so right now I'm just waiting on a copy of the order before I file my I-485.

Can we use G-1450 to pay for the I-485? Previously it was only for application sent to lockboxes, right now it says lockbox or service center. Did they change it? Any special consideration with VAWA?

Hurrah!!! Excellent news.

Did you not have a previously filed I-130/I-485 ??? If yes, n need to file a new one,. 
 

All filings go to a lockbox  or SVC so the credit card authorization is fine 

 

 

Edited June 13, 2023 by Family

[Demise 1,304]

1 hour ago, Misscloud said:

U can use G-1450. Make sure to call the bank and let them now there’s gonna be transaction $1,225 soon. Sometimes G-1450 bounced back. I personally prefer personal cheque 

 

2 hours ago, Deee Smith said:

Praise the Lord! You can use G-1450. 

Awesome, thanks.

[Demise 1,304]

9 minutes ago, Family said:

Hurrah!!! Excellent news.

Did you not have a previously filed I-130/I-485 ??? If yes, n need to file a new one,. 
 

All filings go to a lockbox  or SVC so the credit card authorization is fine 

 

 

No I was originally planning on doing I-130 and later I-601A/DS-260 due to EWI. And thanks good to know I can use G-1450, asking mainly because no idea when I'll actually file and I'd like the option to just dip into my credit rather than maneuver around bills.

Edited June 13, 2023 by Demise

[Family 4,064]

6 minutes ago, Demise said:

No I was originally planning on doing I-130 and later I-601A/DS-260 due to EWI. And thanks good to know I can use G-1450, asking mainly because no idea when I'll actually file and I'd like the option to just dip into my credit rather than maneuver around bills.

Edited just now by Demise

Nice ! VAWA beats EWI! File file file! 

Edited June 13, 2023 by Family

[Family 4,064]

9 minutes ago, Demise said:

originally planning

Have been waiting for you to post on the DIY Immigration Court Appearance…remotely no less! Did you have only one hearing?

[Demise 1,304]

6 minutes ago, Family said:

Have been waiting for you to post on the DIY Immigration Court Appearance…remotely no less! Did you have only one hearing?

No, what happened here is that I saw an AG Decision that restored the ability of immigration judges to terminate proceedings (Matter of Coronado Acevedo), filed a motion to terminate based on it, got a call from ICE attorney, we talked, we agreed that I'll withdraw that and instead file an unopposed motion to dismiss, I did that, nothing happened, followed up with the ICE attorney, turns out that my case never left NY due to a FOIA I filed, I withdrew that FOIA, reached out to my senator who gave the NY court a nudge to get the case moved to MN, had a master hearing date set for August, checked with the ICE attorney again, he told me to re-file the motion to dismiss, I did and finally the court dismissed it.

 

So yeah, glad this mess is over, lol. No hearings that I had to attend here.

Edited June 13, 2023 by Demise

[Family 4,064]

11 minutes ago, Demise said:

No, what happened here is that I saw an AG Decision that restored the ability of immigration judges to terminate proceedings (Matter of Coronado Acevedo), filed a motion to terminate based on it, got a call from ICE attorney, we talked, we agreed that I'll withdraw that and instead file an unopposed motion to dismiss, I did that, nothing happened, followed up with the ICE attorney, turns out that my case never left NY due to a FOIA I filed, I withdrew that FOIA, reached out to my senator who gave the NY court a nudge to get the case moved to MN, had a master hearing date set for August, checked with the ICE attorney again, he told me to re-file the motion to dismiss, I did and finally the court dismissed it.

 

So yeah, glad this mess is over, lol. No hearings that I had to attend here.

Brilliant . You navigated the inner workings superbly. I recall you waited months for ICE to respond to PD , complete radio silence, and then filed your ( 1st)  motion . 
Holy cow…you filed 3 Motions😂..I love it
 

May I ask , why the FOIA? 

Edited June 13, 2023 by Family

[Demise 1,304]

15 minutes ago, Family said:

Brilliant . You navigated the inner workings superbly. I recall you waited months for ICE to respond to PD , complete radio silence, and then filed your ( 1st)  motion . 
 

May I ask , why the FOIA? 

FOIA was just record keeping and I didn't know that it can stall a change of venue, lesson learned there.

 

Yeah what happened was the following:

My proceedings were admin closed in January 2018 since at the time I was planning to do an I-601A.

Filed VAWA I-360 in August 2018.

Moved to Minnesota in October 2020.

I-360 was approved November 2020.

Contacted NY ICE if they'd be willing to dismiss under the Doyle memo in April 2022.

Heard nothing back so I just filed a motion to recalendar and change venue to MN in I think June 2022 and it was approved August 2022.

I was wondering what's going on, then I saw Matter of Coronado Acevedo and I filed a motion to terminate with MN court in December 2022. Figured that I might as well try and preempt any action by the MN court.

Got a call from the ICE attorney for MN a few days later, filed a withdrawal of the motion to terminate and an unopposed motion to dismiss (early January 2023).

Then nothing, checked with the ICE attorney in March,

Then checked again in April that's when he told me that the case got stuck due to the FOIA

I withdrew that FOIA, checked with my senator, COV finally happened, got a hearing date for August in May,

Checked with my senator in May, the change of venue was finally done,

Checked with the ICE attorney again was told to refile

Refiled in early June and it was finally dismissed as of June 7th.

 

So yeah, god damn rollercoaster. Honestly if the OPLA in NY wasn't a black hole or if a decision alike Matter of Coronado Acevedo happened earlier, a lot of this mess could be avoided, since I'd just get a dismissal or termination from the NY court.

Edited June 13, 2023 by Demise

[Family 4,064]

3 minutes ago, Demise said:

FOIA was just record keeping and I didn't know that it can stall a change of venue, lesson learned there.

 

Yeah what happened was the following:

My proceedings were admin closed in January 2018 since at the time I was planning to do an I-601A.

Filed VAWA I-360 in August 2018.

Moved to Minnesota in October 2020.

I-360 was approved November 2020.

Contacted NY ICE if they'd be willing to dismiss under the Doyle memo in April 2022.

Heard nothing back so I just filed a motion to recalendar and change venue to MN in I think June 2022 and it was approved August 2022.

I was wondering what's going on, then I saw Matter of Coronado Acevedo and I filed a motion to terminate with MN court in December 2022. Figured that I might as well try and preempt any action by the MN court.

Got a call from the ICE attorney a few days later, filed a withdrawal of the motion to terminate and an unopposed motion to dismiss (early January 2023).

Then nothing, checked with the ICE attorney in March,

Then checked again in April that's when he told me that the case got stuck due to the FOIA

I withdrew that FOIA, checked with my senator, got a hearing date for August in May,

Checked with my senator in May, the change of venue was finally done,

Checked with the ICE attorney again was told to refile

Refiled in early June and it was finally dismissed as of June 7th.

 

So yeah, god damn rollercoaster. Honestly if the OPLA in NY wasn't a black hole a lot of this mess could be avoided.

FOIA when in removal should fly out in 20 days or less…odd 

I honestly thought your first filing was indeed a Motion to Recalender and Motion to Terminate…with the claim that it will likely be unopposed…the other glitch is the fact that  word Terminate has changed to Dismissed ..so the bit on your blank proposed order needed to include that wording ….. and had there been a hearing, you would have sailed through…

 

 

The fly in the ointment seems to have been the change of venue..but Loud Applause for tackling it and trusting YOUR instincts ..delay or no delay….It Was the right thing to do so no second guessing yourself.

 

@Misscloud please tell me EXACT wording of your attorneys title of Motion;he filed (…not the one you wrote 😂..)

 

 

[Demise 1,304]

7 minutes ago, Family said:

FOIA when in removal should fly out in 20 days or less…odd 

I honestly thought your first filing was indeed a Motion to Recalender and Motion to Terminate…with the claim that it will likely be unopposed…the other glitch is the fact that  word Terminate has changed to Dismissed ..so the bit on your blank proposed order needed to include that wording ….. and had there been a hearing, you would have sailed through…

 

 

The fly in the ointment seems to have been the change of venue..but Loud Applause for tackling it and trusting YOUR instincts ..delay or no delay….It Was the right thing to do so no second guessing yourself.

 

@Misscloud please tell me EXACT wording of your attorneys title of Motion;he filed (…not the one you wrote 😂..)

 

 

I wasn't able to do a Motion to Recalendar and Terminate because at the time the judges didn't have the authority to terminate (Matter of S-O-G- was still controlling), so the only thing I could've done is move the case to MN and basically take the I-485 to court. I possibly could've tried the local OPLA but after getting blown off by the one in NY I really didn't even consider it.

 

Terminate and Dismiss is a bit of a to-may-to to-mah-to but there is a difference in them. Termination is on the basis of the judge agreeing to kill the case whether ICE agrees, objects, or doesn't respond. Dismiss is on the basis of ICE agreeing to drop it. Still, both lead to the same result - removal proceedings end, go file I-485 with USCIS.

Edited June 13, 2023 by Demise

[Verrou 1,962]

47 minutes ago, Family said:

FOIA when in removal should fly out in 20 days or less…odd 

I honestly thought your first filing was indeed a Motion to Recalender and Motion to Terminate…with the claim that it will likely be unopposed…the other glitch is the fact that  word Terminate has changed to Dismissed ..so the bit on your blank proposed order needed to include that wording ….. and had there been a hearing, you would have sailed through…

 

 

The fly in the ointment seems to have been the change of venue..but Loud Applause for tackling it and trusting YOUR instincts ..delay or no delay….It Was the right thing to do so no second guessing yourself.

 

@Misscloud please tell me EXACT wording of your attorneys title of Motion;he filed (…not the one you wrote 😂..)

 

 

Motion to terminate proceeding. ( that’s the exact word, no without prejudice ) 

similar with @Demise sans motion to dismiss. Filed PD twice to OPLA Boston and went black hole. OPLA gone AWOL and never responded. Call, email they ignored all. Saw that Coronado Acevedo on Nov and chased my lawyer for 6 weeks straight before he responded. File motion to terminate proceeding directly to the court on Christmas Eve and got approved Jan 17. Judge is not even in Boston, he’s in Virginia (WebEx) 

 

and yeah dismiss = usually joint with ICE, terminate = court. It doesn’t really matter really. Case closed forever 

Edited June 13, 2023 by Misscloud

[Family 4,064]

31 minutes ago, Misscloud said:

Motion to terminate proceeding. ( that’s the exact word, no without prejudice ) 

similar with @Demise sans motion to dismiss. Filed PD twice to OPLA Boston and went black hole. OPLA gone AWOL and never responded. Call, email they ignored all. Saw that Coronado Acevedo on Nov and chased my lawyer for 6 weeks straight before he responded. File motion to terminate proceeding directly to the court on Christmas Eve and got approved Jan 17. Judge is not even in Boston, he’s in Virginia (WebEx) 

 

and yeah dismiss = usually joint with ICE, terminate = court. It doesn’t really matter really. Case closed forever

Ok ..now please look at your ACTUAL ORDER and you will see that it says Proceedings were DISMISSED ( not terminated). 

I get the nuances …but I know attorneys were still filing “terminate “ and getting order w “ dismissed”   so I was surprised they asked @Demiseto redraw and refile ..especially since she was pro se. Anyway it worked out.

[Demise 1,304]

15 minutes ago, Family said:

Ok ..now please look at your ACTUAL ORDER and you will see that it says Proceedings were DISMISSED ( not terminated). 

I get the nuances …but I know attorneys were still filing “terminate “ and getting order w “ dismissed”   so I was surprised they asked @Demiseto redraw and refile ..especially since she was pro se. Anyway it worked out.

They asked me primarily because they wanted to stay within their own template over at ICE and go through prosecutorial discretion rather than go over their heads and get it directly from the judge. Dude was polite and respectful on the phone so I decided to play ball with him.

 

Not sure what difference did it really make to ICE, metrics maybe?

Edited June 13, 2023 by Demise

[Family 4,064]

5 minutes ago, Demise said:

so I decided to play ball with him.

Smart decision….unlike DJT who is quoted not wanting “ to play ball “ 😂 ( could not resist ).

Edited June 13, 2023 by Family

[TBoneTX 45,580]

This is a magnificent outcome regardless of terminology.  Consummate respect for your indomitable persistence, which is much like that of a cat who wants breakfast.