VAWA, Part 27

[Demise 1,276]

Also bit of a follow up since my previous post is outside of edit window:

 

While the changes in the fee schedule are a net negative, they are good for VAWA self-petitioners since now:

VAWA I-485 is free (previously you had to pay the filing fee or get a fee waiver)

Initial and renewal VAWA AOS I-765 and I-131 remain free. Renewals will become less of a factor since AOS EADs are issued for 5 years now.

Replacement VAWA AOS I-765 and I-131 are now free too.

The issue of the donut hole caused by getting a fee waiver on I-485 where you had to pay for I-765/I-131 or get another fee waiver is gone.

Waivers (I-601, I-212, I-601A) are now free.

I-290B on reopen/reconsider on VAWA AOS (all associated forms) are now free.

If you have kids abroad I-824 for follow to join for them are now free. Technically getting a new approval notice is free too but I'd just recommend doing a FOIA to get a copy or asking your senator to poke USCIS to re-send it.

[Cartdeb 0]

3 hours ago, Demise said:

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.

 

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

 

 
 

Thanks a million !! I truly appreciate this information 

[ridimic1 36]

hello all, i got vawa greencard approved december 3rd 2021, counting from then this coming december will make it 3years to file citizenship.

 

i heard i can file from 90 days to the december which will make it september 3rd.

 

is this correct and can i file this online, cos the uscic tool doesnt not qualify me to file unless it gets to 3 years

[Demise 1,276]

3 minutes ago, ridimic1 said:

hello all, i got vawa greencard approved december 3rd 2021, counting from then this coming december will make it 3years to file citizenship.

 

i heard i can file from 90 days to the december which will make it september 3rd.

 

is this correct and can i file this online, cos the uscic tool doesnt not qualify me to file unless it gets to 3 years

That's correct. 3 years under VAWA, you can file up to 90 days early which in your case will be September 3rd.

 

You should be able to file it online.

[J2020 94]

For those filing N400 after VAWA based green card, can we waive the N400 filing fees like the vawa 360 petition? Or the N400 fees cannot be waived? 

[Demise 1,276]

23 minutes ago, J2020 said:

For those filing N400 after VAWA based green card, can we waive the N400 filing fees like the vawa 360 petition? Or the N400 fees cannot be waived? 

 

N-400 you have to pay the fee or get a fee waiver, unlike most other things that are just blanket free for VAWA beneficiaries these days regardless of your ability to pay.

 

In order to get the I-912 fee waiver approved the normal requirements apply:

• You, your spouse, your child, or your parent (if under 21 or disabled), are receiving a means-tested benefit.
• Your household income is at or below 150% of US poverty line.
• You are currently experiencing extreme financial hardship, including hardship from unexpected medical bills or emergencies, that prevents you from paying the filing fee.

https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver

Edited July 3 by Demise

[Braveheart123 146]

7 hours ago, Demise said:

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.

 

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

 

Thank you you are the best you have very good knowledge about VAWA I request you to please keep helping other members 

[God is a good God 238]

On 6/30/2024 at 9:59 PM, Salyyen said:

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 

I think you have enough proof . But sure those letters from friends and family are notarized 

[Salyyen 3]

2 hours ago, God is a good God said:

I think you have enough proof . But sure those letters from friends and family are notarized 

I text my lawyer she said she’s notarizer and she will do it the notarizing 

[winglesssparrow 6]

Thank you to everyone here for helping others without any benefit.  I got my GC a week ago ! Now I’m planning to visit my family . Is there any possibility to hold me while coming back ? One more question do I need to keep all my abuser pics or documents still  because I don’t wanna see them really I’m feeling not good with these in the same atmosphere where I’m breathing. 

Edited July 5 by winglesssparrow

[OldUser 6,586]

2 hours ago, winglesssparrow said:

Thank you to everyone here for helping others without any benefit.  I got my GC a week ago ! Now I’m planning to visit my family . Is there any possibility to hold me while coming back ? 

There's always a possibility of going to secondary check. CBP can do it to anybody - visitors, LPRs, and even US citizens. The chance is low, but it's always there. There is no way to predict.

[OldUser 6,586]

2 hours ago, winglesssparrow said:

 One more question do I need to keep all my abuser pics or documents still  because I don’t wanna see them really I’m feeling not good with these in the same atmosphere where I’m breathing. 

While I understand the pain and desire to erase the bad memory, it's to your benefit to keep these documents. You still have to naturalize, and WAVA / marriage related questions may be brought up again. If you destroy all proof, you will have hard time providing evidence. I recommend scanning all docs and then putting all of the ex related stuff and WAVA in a big box and far away in storage.

In case if you get asked again, you'll be able to prove it, otherwise you won't see it on a daily basis.

Edited July 5 by OldUser

[TBoneTX 45,223]

9 hours ago, OldUser said:

WAVA

Pssst... VAWA   

12 hours ago, winglesssparrow said:

I got my GC a week ago !

Yee-HAAAAA!   

[Note to T-B.'s self:  Jokes worked again... jokes worked again...  ]

[OldUser 6,586]

8 hours ago, TBoneTX said:

Pssst... VAWA   

I keep misspelling it 😃

[DimaSta4321 7]

On 5/13/2024 at 11:25 PM, TBoneTX said:

Precisely, it's 90 days, not "3 months."  There's a difference.

Avoid applying on what you think is the 90th day; wait a few days longer.

People have had their N-400s rejected consequent to being even one day too early.

Hi @TBoneTX and @balo101 - so I am reading that 90 days early application being 3 years as an LPR is applicable if you are married to a US Citizen.
I am not married anymore, we divorced in 2019 when I applied for VAWA. So being divorced with approved VAWA (and LPR based on approved VAWA), do I qualify to apply 90 days prior to a 3 year anniversary as an LPR (received GC on 9/27/2021). Thinking of applying for N-400 like now.