VAWA, Part 27

[Braveheart123 146]

18 minutes ago, Islanderk said:

Good day, everyone. It's been a long time since I've been on here. I have a question. Where do we file our N- 400? Are we eligible to file online?

Just now, Braveheart123 said:

19 minutes ago, Islanderk said:

Good day, everyone. It's been a long time since I've been on here. I have a question. Where do we file our N- 400? Are we eligible to file online?

You can file online this will be the best strategy it will

automatically route to your local filed office 

[Islanderk 65]

12 minutes ago, Braveheart123 said:

You can file online this will be the best strategy it will

automatically route to your local filed office 

Thank you. Do you know if my child who is included on my vawa and has her green card will be eligible to get her neutralization along with myself?

[Braveheart123 146]

Just now, Islanderk said:

Thank you. Do you know if my child who is included on my vawa and has her green card will be eligible to get her neutralization along with myself?

Yes if he is less then 18 years and has a green card he will automatically be one us citizen once you take oath of allegiance he will acquire the citizenship from you 

[Demise 1,281]

9 hours ago, Princewill1 said:

My online case status changed over a week ago to “New Card Is Being Produced” and my lawyer received C31 EAD this week but we did not receive approval notice. The online status update never changed to “Case Was Approved,” it went from “Card Is Being Produced” to “Card Was Mailed” to “Card Was Delivered.” It seems they didn’t print my approval notice or update it in their system. I hope this won’t delay the transfer of my case to NBC. Any ideas on how to go about this? @Sandra G. @Demise @balo101 @Pinkrlion
 

Filed Dec 2020

RFE May 2024 ( they sent a 5 page long RFE!)

RFE Response Received July 2024

Card Is Being Produced Sept 2024

C31 EAD Received Sept 2024

Approval Notice Not Received Yet…

 

I received about 4 Prima Facie between 2021 and May 2024. 

 

It takes a while for it to move between "card was produced" and sending out the approval notice. My own was approved in November 2020, I didn't get the I-360 approval notice until March 2021. That being said, the card being printed means it was approved, you simply cannot be issued a C31 without the I-360 being approved.

 

What to do about it really just depends on what the circumstances of your case are:

1. If you already filed I-485 (concurrently with I-360, while I-360 was pending, or transferred an I-485 from a different petition to I-360), then you don't need to do anything.
2.  If you haven't filed I-485 yet:
   1. If you are able to file with USCIS (not in removal proceedings, didn't enter as a K-1/2 who failed to adjust via the fiance/parent's fiance) - then you can just file I-485 with just the receipt
   2. If you are in removal proceedings then you unfortunately have to wait on the approval notice to seek a termination. I'd recommend asking a senator/congressman to nudge USCIS to send you the approval notice.
   3. If you are straight up ineligible to file for AOS because you entered as K-1/2 and the VAWA claim came from abuse by some other US Citizen or LPR then it depends if you denoted whether you will file for AOS or do consular processing on the I-360. If you said you'll AOS then you'll need to wait for the notice and file I-824. If you said you'll do consular processing then you don't need to anything, USCIS will forward the petition to the NVC.
   4. If you are inadmissible for one of the kiss of death inadmissibilities like false claim of citizenship, then you're basically just screwed and the best you can do is just keep renewing the C31 because there just isn't anything that can be done. You can try to file and argue that it doesn't apply (e.g. due to a timely retraction, or someone acting on your behalf made it) but all in all in a situation like this you're likely just completely screwed.

[Demise 1,281]

2 hours ago, Islanderk said:

Thank you. Do you know if my child who is included on my vawa and has her green card will be eligible to get her neutralization along with myself?

In general for a child to derive citizenship via a parent all of these have to be true

1. You're a US Citizen (whether by birth, naturalization, or operation of law)

2. Child is a permanent resident

3. Child is living in your physical and legal custody

4. Child is under 18

 

So in this case: As long as the child is under 18, living with you, and you naturalize while she's under 18 then yes, she will become a citizen by operation of law. USCIS won't issue you anything at your naturalization. You will either need to file N-600 for a certificate of citizenship or apply for a US passport for her.

[balo101 669]

11 hours ago, Princewill1 said:

My online case status changed over a week ago to “New Card Is Being Produced” and my lawyer received C31 EAD this week but we did not receive approval notice. The online status update never changed to “Case Was Approved,” it went from “Card Is Being Produced” to “Card Was Mailed” to “Card Was Delivered.” It seems they didn’t print my approval notice or update it in their system. I hope this won’t delay the transfer of my case to NBC. Any ideas on how to go about this? @Sandra G. @Demise @balo101 @Pinkrlion
 

Filed Dec 2020

RFE May 2024 ( they sent a 5 page long RFE!)

RFE Response Received July 2024

Card Is Being Produced Sept 2024

C31 EAD Received Sept 2024

Approval Notice Not Received Yet…

 

I received about 4 Prima Facie between 2021 and May 2024. 

congratulations. It is taking 2 to 3 weeks lately to get the EAD then you will get the approval notice within 1 to 3 months. 

[Princewill1 3]

12 hours ago, Demise said:

 

It takes a while for it to move between "card was produced" and sending out the approval notice. My own was approved in November 2020, I didn't get the I-360 approval notice until March 2021. That being said, the card being printed means it was approved, you simply cannot be issued a C31 without the I-360 being approved.

 

What to do about it really just depends on what the circumstances of your case are:

1. If you already filed I-485 (concurrently with I-360, while I-360 was pending, or transferred an I-485 from a different petition to I-360), then you don't need to do anything.
2.  If you haven't filed I-485 yet:
   1. If you are able to file with USCIS (not in removal proceedings, didn't enter as a K-1/2 who failed to adjust via the fiance/parent's fiance) - then you can just file I-485 with just the receipt
   2. If you are in removal proceedings then you unfortunately have to wait on the approval notice to seek a termination. I'd recommend asking a senator/congressman to nudge USCIS to send you the approval notice.
   3. If you are straight up ineligible to file for AOS because you entered as K-1/2 and the VAWA claim came from abuse by some other US Citizen or LPR then it depends if you denoted whether you will file for AOS or do consular processing on the I-360. If you said you'll AOS then you'll need to wait for the notice and file I-824. If you said you'll do consular processing then you don't need to anything, USCIS will forward the petition to the NVC.
   4. If you are inadmissible for one of the kiss of death inadmissibilities like false claim of citizenship, then you're basically just screwed and the best you can do is just keep renewing the C31 because there just isn't anything that can be done. You can try to file and argue that it doesn't apply (e.g. due to a timely retraction, or someone acting on your behalf made it) but all in all in a situation like this you're likely just completely screwed.

Thank you for your detailed response. The first option applies to me. I filed I485 with VAWA. I will give them more time before making inquiries. 

[Princewill1 3]

11 hours ago, balo101 said:

congratulations. It is taking 2 to 3 weeks lately to get the EAD then you will get the approval notice within 1 to 3 months. 

Thank you. Okay, then. I will give them more time before making inquiries. 

[Pinkrlion 2,716]

On 9/17/2024 at 9:13 PM, Princewill1 said:

My online case status changed over a week ago to “New Card Is Being Produced” and my lawyer received C31 EAD this week but we did not receive approval notice. The online status update never changed to “Case Was Approved,” it went from “Card Is Being Produced” to “Card Was Mailed” to “Card Was Delivered.” It seems they didn’t print my approval notice or update it in their system. I hope this won’t delay the transfer of my case to NBC. Any ideas on how to go about this? @Sandra G. @Demise @balo101 @Pinkrlion
 

Filed Dec 2020

RFE May 2024 ( they sent a 5 page long RFE!)

RFE Response Received July 2024

Card Is Being Produced Sept 2024

C31 EAD Received Sept 2024

Approval Notice Not Received Yet…

 

I received about 4 Prima Facie between 2021 and May 2024. 

It can take 3months to get the approval letter

[J2020 94]

On 9/17/2024 at 10:39 AM, Sandra G. said:

In all of my cases, USCIS took 14-16 months to schedule an interview in NYC.

No I meant after the approval, how long does it take to produce and mail the green card to me after approval 

[Pinkrlion 2,716]

9 hours ago, J2020 said:

No I meant after the approval, how long does it take to produce and mail the green card to me after approval 

It can vary  Usually after card is mailed notice about one week. 

[TBoneTX 45,266]

It's Sunday -- time for our hilarious, approval-evoking (that is, if correlation = causation) Official Weekly VAWA-Thread Joke:

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

WELL, YOU ASKED...

 

A bachelor asked a computer to find him the perfect mate.  "I want a companion who is small and cute, loves water sports, and enjoys group activities."

Back came the answer:  "Marry a penguin."

 

[TBoneTX 45,266]

Amazing... no posts between our Official Weekly VAWA-Thread Joke and our Wednesday Semiofficial Semiweekly VAWA-Thread Joke:

==============================================================

IN THE OVEN

 

Two muffins were in an oven.  One turned to the other and said, "Boy, it's hot in here!"

 

The other one said, "Wow!  A talking muffin!"

 

[FaithOct19 2]

Hi everyone, my I-485 along with my c9 EAD renewal applications got transferred to Nebraska Service Center Premium Processing. Have you guys heard of that office? Do you know what’s the average processing time? My vawa is still pending with Vermont and I’m trying to renew c9 combo card. 

[Demise 1,281]

8 hours ago, FaithOct19 said:

Hi everyone, my I-485 along with my c9 EAD renewal applications got transferred to Nebraska Service Center Premium Processing. Have you guys heard of that office? Do you know what’s the average processing time? My vawa is still pending with Vermont and I’m trying to renew c9 combo card. 

Not sure why it'd end up in premium processing specifically since premium processing isn't available for VAWA, my guess is that someone checked the wrong box when moving it to Nebraska. It wouldn't hurt to ask your congressman or senator to inquire on your behalf as to what happened there exactly.

 

That being said, Nebraska has a humanitarian unit similar to one in Vermont that deals with VAWA, SIJ, U-visas, T-visas, and possibly some others. The forms do get shuffled around to basically balance the load between the two centers.

 

Processing time I'm not sure, on the bright side as long as you filed for the renewal while the prior c09 was still valid then the extension letter serves as automatic extension for 180 days.