VAWA, Part 26

[Demise 1,277]

Welp. I'm kinda at a loss here. I followed up with my senator to see what the hell is going on with my I-485. Got a response that "we have no record of a receipt being issued, I'll tell the mailroom to try to look for it, check back in 60 days".

[Demise 1,277]

23 hours ago, jamaica fineness said:

Hi ladies & gentlemen can anyone help me with this question?

what forms & documents do you need to file for a derivative child overseas under the age of 21

 

                                          (approved vawa / green card holder)

                                                               Thank you 

I-824 to pass the case to DOS so your kid can follow to join.

Include the following:

Copy of Birth certificate of the kid with translation if not in English

Copy of your green card

Copy of your kid's passport (if available)

Copy of I-360 approval notice

 

Then it's going to be a DS-260, I-864W, and whatever form they do their medicals on.

 

Filing I-824 satisfies the "sought to acquire" requirement in CSPA, so as long as they don't marry they should be able to tag along as an IB2 without issue.

[balo101 669]

11 hours ago, Aarontx90 said:

Thank you, so it is also valid till May 2024?

exactly. You travel documents will expire at the same time as your EAD since it is combo card. You can even look at your approval notice when it will expire. 

9 minutes ago, Demise said:

Welp. I'm kinda at a loss here. I followed up with my senator to see what the hell is going on with my I-485. Got a response that "we have no record of a receipt being issued, I'll tell the mailroom to try to look for it, check back in 60 days".

Sorry to hear that. How did you pay them? check or credit card?

[Demise 1,277]

1 minute ago, balo101 said:

Sorry to hear that. How did you pay them? check or credit card?

Credit card, I've been looking at my statements daily to see if they finally charged it. So right now I'm just wondering if I should wait, or if I should just refile, the issue is that I don't want to get double charged because you know, $1225 is a decent chunk of money.

[OldUser 6,608]

8 minutes ago, Demise said:

Credit card, I've been looking at my statements daily to see if they finally charged it.

Are you sure the transaction didn't get flagged as fradulent and credit card payment got declined? This is a fairly common thing when paying USCIS fees with credit cards.

Edited August 5, 2023 by OldUser

[Demise 1,277]

20 minutes ago, OldUser said:

Are you sure the transaction didn't get flagged as fradulent and credit card payment got declined? This is a fairly common thing when paying USCIS fees with credit cards.

Yeah I'm sure, I have email and text alerts set up for declined/blocked transactions and they should appear in the logs too. Moreover, USCIS does a tiny amount of processing on a rejected application since they will give you a rejection notice with a number on it (not sure if it's a receipt number or some other internal control number). The fact that it just went fully poof after USPS delivered it to their PO Box makes me suspect that that it's just laying somewhere on some stack somewhere.

 

Online filing for I-485s can't come fast enough. Have to do something extraordinary to lose a digital application but I'm sure they'd still manage.

Edited August 5, 2023 by Demise

[balo101 669]

6 hours ago, Demise said:

Credit card, I've been looking at my statements daily to see if they finally charged it. So right now I'm just wondering if I should wait, or if I should just refile, the issue is that I don't want to get double charged because you know, $1225 is a decent chunk of money.

What if you let credit card company know not to process this transaction and send new file with check or money order? 

 

[Priya25 42]

4 hours ago, balo101 said:

What if you let credit card company know not to process this transaction and send new file with check or money order? 

 

I would suggest the same, if USCIS is saying they have not received it yet refile with check or Money order, happened with me once, had delivery proof but USCIS never received it. 

[J2020 94]

Hey fam 

I’ve been in the process of doing consular processing to get the immigrant visa through vawa abroad. 
 

As some of you know, I’ve been dealing with hardship and abuse in my home country since I returned. to be honest, I have been dealing with too much and it’s not safe for me in so many ways. I’m fearing for my life that I can’t sleep or eat anymore. I’ve been in a constant survival mode that is affecting my health and well being. 
 

In your honest opinion, do you guys think I should expedite my visa process based on this, because I wanna move back somewhere safe in the states away from usc spouse city and my relatives abroad, Or is it going to complicate my visa process since my case is also based on abuse? Do you guys think it’s a good idea to share these details and evidence with the NVC to expedite and safe my life, or is it just gonna complicate the process and add unnecessary questions and delays to my visa interview? 
 

I’m honestly so tired of my life at this point, I’m tired of fighting to stay safe, and tired of this existence and living like this for so long, I’m giving up, so this is my last hope. Do I keep fighting for my life and wait for the normal progress of this visa hoping I’ll stay safe and alive till I get the visa with no complications, or do I expedite and share information with the NVC with no guarantees of a certain outcome and maybe complicate this process further? 
 

I saw that the humanitarian expedite covers the hardship of the beneficiary or if their well being is at risk. And I definitely wouldn’t try to expedite if my life isn’t in danger.
 

the attorney doesn’t wanna do the expedite, so it doesn’t add more complications or questions to the visa process and I get her point, but she also doesn’t care about my well being because it doesn’t affect her life. So I don’t know if her opinion only serves her because she’s lazy and doesn’t want the workload because she has expressed that before (I don’t fully trust the attorneys opinions after it caused me all this mess in the first place) 
 

Your advise is appreciated 

[Karman 58]

2 hours ago, J2020 said:

Hey fam 

I’ve been in the process of doing consular processing to get the immigrant visa through vawa abroad. 
 

As some of you know, I’ve been dealing with hardship and abuse in my home country since I returned. to be honest, I have been dealing with too much and it’s not safe for me in so many ways. I’m fearing for my life that I can’t sleep or eat anymore. I’ve been in a constant survival mode that is affecting my health and well being. 
 

In your honest opinion, do you guys think I should expedite my visa process based on this, because I wanna move back somewhere safe in the states away from usc spouse city and my relatives abroad, Or is it going to complicate my visa process since my case is also based on abuse? Do you guys think it’s a good idea to share these details and evidence with the NVC to expedite and safe my life, or is it just gonna complicate the process and add unnecessary questions and delays to my visa interview? 
 

I’m honestly so tired of my life at this point, I’m tired of fighting to stay safe, and tired of this existence and living like this for so long, I’m giving up, so this is my last hope. Do I keep fighting for my life and wait for the normal progress of this visa hoping I’ll stay safe and alive till I get the visa with no complications, or do I expedite and share information with the NVC with no guarantees of a certain outcome and maybe complicate this process further? 
 

I saw that the humanitarian expedite covers the hardship of the beneficiary or if their well being is at risk. And I definitely wouldn’t try to expedite if my life isn’t in danger.
 

the attorney doesn’t wanna do the expedite, so it doesn’t add more complications or questions to the visa process and I get her point, but she also doesn’t care about my well being because it doesn’t affect her life. So I don’t know if her opinion only serves her because she’s lazy and doesn’t want the workload because she has expressed that before (I don’t fully trust the attorneys opinions after it caused me all this mess in the first place) 
 

Your advise is appreciated 

I am sorry to hear your situation. I am not a lawyer and not sure if this is the right advice but what I am thinking is since you said your life is in danger and you will not go back to home country, maybe you should board the plane to USA and tell the carrier that you are going to claim asylum in USA based on the hardship and at the cbp you will definitely be referred to secondary. There you can explain your situation to cbp officer to let you enter the country. As  Unlawful Presence and Inadmissibility exception is provided for asylum seeker and vawa people. Just a thought. 

[balo101 669]

4 minutes ago, Karman said:

I am sorry to hear your situation. I am not a lawyer and not sure if this is the right advice but what I am thinking is since you said your life is in danger and you will not go back to home country, maybe you should board the plane to USA and tell the carrier that you are going to claim asylum in USA based on the hardship and at the cbp you will definitely be referred to secondary. There you can explain your situation to cbp officer to let you enter the country. As  Unlawful Presence and Inadmissibility exception is provided for asylum seeker and vawa people. Just a thought. 

I don't think airlines will let anyone board without US visa. He/she needs to have visa/ some sort of travel documents for airlines to enter.

[Karman 58]

2 hours ago, balo101 said:

I don't think airlines will let anyone board without US visa. He/she needs to have visa/ some sort of travel documents for airlines to enter.

Thanks @balo101, So asylum can only be claimed when you enter via a land border. Is there no way you can file some uscis or dos form asking for asylum?  After it has been approved you can come via airline showing them the same.

[Rhema1 342]

5 hours ago, Karman said:

I am sorry to hear your situation. I am not a lawyer and not sure if this is the right advice but what I am thinking is since you said your life is in danger and you will not go back to home country, maybe you should board the plane to USA and tell the carrier that you are going to claim asylum in USA based on the hardship and at the cbp you will definitely be referred to secondary. There you can explain your situation to cbp officer to let you enter the country. As  Unlawful Presence and Inadmissibility exception is provided for asylum seeker and vawa people. Just a thought. 

@balo101is right. No company can't boards you in their aircraft without a valid visa or travel document to the USA for the sake of asylum.

it's not even advisable to be asking for asylum when you have already an approved form I-360.

So, you have to exercise a lot of patience and go through the entire process or try to expedite if you can be able to prove your case as expeditious.

 

[Rhema1 342]

2 hours ago, Karman said:

Thanks @balo101, So asylum can only be claimed when you enter via a land border. Is there no way you can file some uscis or dos form asking for asylum?  After it has been approved you can come via airline showing them the same.

They may argue that if his or her life is in danger, he or she can still go to any neighboring country for safety.

[TBoneTX 45,259]

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