VAWA, Part 27

[Salyyen 3]

18 hours ago, God is a good God said:

Make sure witnesses letters are notorized 

What you mean by notorized it has thier name address and signature 

[TBoneTX 45,267]

3 hours ago, Salyyen said:

What you mean by notorized it has thier name address and signature 

Notaries notarize signatures, not documents.

 

The following is not legal advice, but the outcome of observation:

 

1.  The witness can put his/her statement in the form of an affidavit, with the notary-certification language included.  The notary can administer a jurat oath whereby the witness shows positive identification (driver's license or other government-issued ID), swears that he/she is the person signing in the presence of the notary, and swears that he/she is signing the affidavit freely/willingly for the purposes stated therein; or

 

2.  The witness can attach a separate page to his/her letter, swearing or acknowledging that the attached letter is his/her truthful statement.  The witness would then sign the separate page in the presence of the notary.

 

After either of the above, the notary would sign and stamp the appropriate page.

Edited June 30 by TBoneTX

[God is a good God 238]

2 hours ago, Salyyen said:

What you mean by notorized it has thier name address and signature 

They have to take the letter to the notary and make it notarized. UPS notarizes, court has notaries too, you can Google some notaries around you…. your witnesses must have their ID or passport or drivers license before a notary can sign and stamp the letter. A letter without a notary stamp will not be accepted by USCIS

[TBoneTX 45,267]

3 minutes ago, God is a good God said:

They have to take the letter to the notary and make it notarized. UPS notarizes, court has notaries too, you can Google some notaries around you…. your witnesses must have their ID or passport or drivers license before a notary can sign and stamp the letter. A letter without a notary stamp will not be accepted by USCIS

All true, but everyone should be aware of the protocol and format in my post just above.  The notary can get into trouble (and documents can be rejected by agencies or authorities, maybe or maybe not including USCIS) if a notary whips out the notary seal and simply stamps a plain letter.

 

Your bank may have one or more notaries who can notarize customers' signatures at no charge.  UPS stores and other notaries may charge a nominal fee that's authorized by the state where you live.

[TBoneTX 45,267]

Sunday -- time for our Official Weekly VAWA-Thread Joke:

=============================================================
ARE YOU SURE THAT'S ENOUGH?

 

An elderly gentleman went to the local drug store and asked the pharmacist to fill his prescription for Viagra.

 

"How many do you want?" asked the pharmacist.

 

The man replied, "Just a few, maybe half a dozen.  I cut each one into four pieces."

 

Upon hearing that, the pharmacist said, "That's too small a dose.  That won't get you through intercourse."

 

The old fellow said, "Oh, I'm past 90 years old and I don't even think about that.  I just want it to stick out enough so I don't pee on my shoes."

 

[Salyyen 3]

On 6/29/2024 at 8:22 PM, God is a good God said:

They have to take the letter to the notary and make it notarized. UPS notarizes, court has notaries too, you can Google some notaries around you…. your witnesses must have their ID or passport or drivers license before a notary can sign and stamp the letter. A letter without a notary stamp will not be accepted by USCIS

is it important to have witnesses? 
Cuse I have police report harassment calls 

and I have the evaluation 

and I have a pic of the physical abuse and statement 

and I have to many good morals from friends 

 

Are these are enough for the rfe to prove the abuse 

[Braveheart123 146]

Dear friends I have a question that if after filing your VAWA case your abuser passed aware will this effect your VAWA case or later be a problem to become a naturalized citizen need some suggestions 

[Demise 1,281]

1 hour ago, Braveheart123 said:

Dear friends I have a question that if after filing your VAWA case your abuser passed aware will this effect your VAWA case or later be a problem to become a naturalized citizen need some suggestions 

Honestly I recommend just getting a lawyer, however in my digging I was able to find this pretty old policy memo:

https://asistahelp.org/wp-content/uploads/2018/11/DOJ-Policy-MemorandumL-Instruction-Regarding-the-Expanded-Meaning-of-Section-319a-VAWA-natz-memo.pdf

 

Alternatively, less clear but current:

PM Volume 12, Part G, Chapter 3. F.2:

Highlighted sentence is the relevant one. It is a good question if a corpse remains a US Citizen after death (I believe the answer is no but I really can't be bothered to look). But the PM states that's not a factor.

[TBoneTX 45,267]

6 minutes ago, Demise said:

It is a good question if a corpse remains a US Citizen after death (I believe the answer is no but I really can't be bothered to look).

Some corpses continue to vote, years after death.   

[Demise 1,281]

14 minutes ago, TBoneTX said:

Some corpses continue to vote, years after death.   

That'd be an interesting argument to make. "No Mr. Immigration Officer, my ex is still alive, yes I know he was buried a year ago but he's still voting every election".

[Braveheart123 146]

48 minutes ago, Demise said:

Honestly I recommend just getting a lawyer, however in my digging I was able to find this pretty old policy memo:

https://asistahelp.org/wp-content/uploads/2018/11/DOJ-Policy-MemorandumL-Instruction-Regarding-the-Expanded-Meaning-of-Section-319a-VAWA-natz-memo.pdf

 

Alternatively, less clear but current:

PM Volume 12, Part G, Chapter 3. F.2:

Highlighted sentence is the relevant one. It is a good question if a corpse remains a US Citizen after death (I believe the answer is no but I really can't be bothered to look). But the PM states that's not a factor.

Dear freind you have the best knowledge 

[Braveheart123 146]

I got my green card through VAWA at that time I have submitted the drivers license, Social Security, and the voter information of the abuser and based on the information the VAWA unit has verified the citizenship status of the abuser and as a result, First approved my VAWA case And then later on, I got my green card now recently I applied for US citizenship and the officer first question is to show the citizenship status of the abuser and I informed her that that the same has been verified by the VAWA unit moreover there is a special method to mention in chapter 2 of VAWA how to determined the the citizenship status of the abuser further in the in N-400 instructions page 13 it’s mention that the abuser citizenship status is not required if you got your green card through VAWA but despite all these strong arguments I received an RFE to send the naturalization certificate or the passport copy of the abuser which I don’t have to because I was in a hostile situation and that’s why I filed WAVA now my question is there any provision of law where we can request to change the interviwing officer and ask for supervisor review.
all suggestions are Wellcome 

[Cartdeb 0]

Good Night

 

i would love some insight. My EAD and AP is about to expire in Nov. My lawyer is currently overseas and unable to assist with submitting the renewal. I am also in a tight space financially and was wondering if it is wise to apply for the renewal myself without having to obtain another lawyer. Should I include both forms in one docket when submitting the renewal and would I need to pay a fee ? My lawyer initially filed i360 and i485 but the fees were waived. 

[TBoneTX 45,267]

It is Wednesday -- time for our Semiofficial Semiweekly VAWA-Thread Joke:

=============================================================
THOUGHTS FOR THE DAY, SEEN ON TWITTER

 

Decluttering is great because the room you're working on looks perfect and all the other rooms get extra piles of junk thrown in them.

 

If you have kids under the age of 6 and fun plans this summer, DO NOT tell them about the fun plans until you're literally arriving at the plans -- pulling up to the gate.

 

Dude, yelling at the cashier won't make your dad listen to you in 1985.

 

My personal style could best be described as, "I wasn't expecting to leave the house."

 

Hang on -- I have to find just the right show to put on, to completely ignore while I screw around on my phone.

 

Hey -- by the way, the thing that's been bothering you for 6 months will suddenly feel OK on a random Tuesday afternoon -- I promise.

 

I'm having a rough Friday today because I keep realizing it's only Wednesday.

 

[Demise 1,281]

On 7/2/2024 at 2:16 AM, Braveheart123 said:

I got my green card through VAWA at that time I have submitted the drivers license, Social Security, and the voter information of the abuser and based on the information the VAWA unit has verified the citizenship status of the abuser and as a result, First approved my VAWA case And then later on, I got my green card now recently I applied for US citizenship and the officer first question is to show the citizenship status of the abuser and I informed her that that the same has been verified by the VAWA unit moreover there is a special method to mention in chapter 2 of VAWA how to determined the the citizenship status of the abuser further in the in N-400 instructions page 13 it’s mention that the abuser citizenship status is not required if you got your green card through VAWA but despite all these strong arguments I received an RFE to send the naturalization certificate or the passport copy of the abuser which I don’t have to because I was in a hostile situation and that’s why I filed WAVA now my question is there any provision of law where we can request to change the interviwing officer and ask for supervisor review.
all suggestions are Wellcome 

I don't believe there's anything in the regulations entitling you to supervisory review, outside of getting denied and appealing using form N-336. It's more just a matter of USCIS's internal procedures - generally rank and file employees don't have the power to make a decision on the case. They make their determination and then bring it to their supervisor to enter a decision. In any case, asking for it can't hurt because maybe the employee will just go "huh, yeah, that makes sense" and reverse themselves, or the supervisor will see that sentence and pay closer attention to it. It is possible for the application to go from the employee to the supervisor to the director of service center to USCIS counsel.

 

So just ask for it, worst case scenario - you get denied and will have to appeal, which is where you're going if you don't fight now.

 

10 hours ago, Cartdeb said:

Good Night

 

i would love some insight. My EAD and AP is about to expire in Nov. My lawyer is currently overseas and unable to assist with submitting the renewal. I am also in a tight space financially and was wondering if it is wise to apply for the renewal myself without having to obtain another lawyer. Should I include both forms in one docket when submitting the renewal and would I need to pay a fee ? My lawyer initially filed i360 and i485 but the fees were waived. 

You can file it yourself. All you need is fill out forms I-765 and I-131 and include copy of the I-485 receipt notice.

 

So this is something I found out not even 10 minutes ago, according to the fee schedule:

https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

 

There is no filing fee for the following forms for VAWA self-petitioners and derivatives:

I-360 (page 14)

I-485 (page 16)

I-765 (initial: page 35, renewal: page 37, replacement: page 39) ((c)(9) category code only, i.e. pending AOS)

I-131 (page 8 )

I-212 (page 12)

I-290B (only for I-485 and forms associated with it, page 13)

I-601 (page 19)

I-601A (page 20)

I-824 (page 23)

 

I'd include an index of documentation, something like

 

Index of Documentation

 

Re: Renewal of Employment Authorization and Travel Authorization as a VAWA self-petitioner

Applicant: Your Name (A#XXX-XXX-XXX)

 

Form I-765 Application for Employment Authorization (exempt from filing fee, G-1055 page 37)

Form I-131 Application for Travel Authorization (exempt from filing fee, G-1055 page 8 )

I-485 receipt notice as a VAWA self-petitioner

 

Then this gets sent to:

USCIS Vermont Service Center

38 River Rd.
Essex Junction, VT 05479-0001

 

Edited July 3 by Demise