VAWA, Part 27

[Pinkrlion 2,681]

On 9/27/2024 at 2:03 PM, BollyB1 said:

Hi everyone, waiting to see the actual notice but how do you know when they request for medicals? Is it Request for Initial Evidence? on the I485. I’ve got an approved VAWA. Did medicals last month but was waiting. 

You sis your medical too early. Hopefully it will still be valid when they request it. Otherwise you will have to do it again. 

[Sandra G. 5,043]

5 hours ago, Pinkrlion said:

You sis your medical too early. Hopefully it will still be valid when they request it. Otherwise you will have to do it again. 

USCIS changed some policies and the I-693 can be used now indefinitely. 

 

[Dreamer7 17]

2 hours ago, Sandra G. said:

USCIS changed some policies and the I-693 can be used now indefinitely. 

 

Sandra plz help! Vawa approved Feb 2024 medical requested April 2024 and was received may 2024. Sep 26th. They updated case is ready to schedule for interview. How long do you think? It’s Tampa field office. Please share some feedback

[balo101 665]

18 hours ago, Dreamer7 said:

Sandra plz help! Vawa approved Feb 2024 medical requested April 2024 and was received may 2024. Sep 26th. They updated case is ready to schedule for interview. How long do you think? It’s Tampa field office. Please share some feedback

At this point i would involve my congress person to get the update. 

[Meingandu 2]

Hahahahahahaha as usual with the luck I’m waiting for EAD since May 2023 and was expecting it to come by Oct first week with processing time of 17 months. Last night I told my friend that look something will happen such as processing time May increase, USPS losing the mail, misprint of name and today morning I checked and indeed processing time changed to my 18.5 months. Hahahahahaha just amazing isn’t it. Now when in November it change to 24 months and would never be able to EAD. 

[Sandra G. 5,043]

22 hours ago, Dreamer7 said:

Sandra plz help! Vawa approved Feb 2024 medical requested April 2024 and was received may 2024. Sep 26th. They updated case is ready to schedule for interview. How long do you think? It’s Tampa field office. Please share some feedback

 

Average processing time in Tampa is 5/7 months.

[balo101 665]

3 hours ago, Meingandu said:

Hahahahahahaha as usual with the luck I’m waiting for EAD since May 2023 and was expecting it to come by Oct first week with processing time of 17 months. Last night I told my friend that look something will happen such as processing time May increase, USPS losing the mail, misprint of name and today morning I checked and indeed processing time changed to my 18.5 months. Hahahahahaha just amazing isn’t it. Now when in November it change to 24 months and would never be able to EAD. 

That's unbelievable. Is it May 2023 or 2024? it is over 18 months already. You should have gotten your EAD by now. Try to contact your congress person. 

 

Which service center is processing your application? If it is VAWA related it should be in Vermont and Vermont is taking 8 months. What category is your EAD? 

Edited 23 hours ago by balo101

[Meingandu 2]

2 hours ago, balo101 said:

That's unbelievable. Is it May 2023 or 2024? it is over 18 months already. You should have gotten your EAD by now. Try to contact your congress person. 

 

Which service center is processing your application? If it is VAWA related it should be in Vermont and Vermont is taking 8 months. What category is your EAD? 

My EAD is c10 so it was 12 months earlier then kept getting changed and till yesterday it was 17 months and today 18.5 months. I’ve May 2023 filing of EAD. 

[TBoneTX 44,801]

It's Wednesday -- time for our much-needed Semiofficial Semiweekly VAWA-Thread Joke:

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

WHAT YOU'RE ENTITLED TO

 

Airman Jones was assigned to the induction center where he was to advise new recruits about their government benefits, especially their GI insurance.

 

It wasn't long before Captain Smith noticed that Airman Jones had almost a 100% record for insurance sales, which had never happened before.

 

Rather than ask about this, the Captain stood in the back of the room and listened to Jones' sales pitch.  Jones explained the basics of the GI Insurance to the new recruits, and then said, "If you have GI Insurance and go into battle and are killed, the government has to pay $200,000 to your beneficiaries.  If you don't have GI insurance, and you go into battle and get killed, the government has to pay only a maximum of $6,000."

 

"Now," he concluded, "Which bunch do you think they are going to send into battle first?"

 

[God is a good God 238]

Hello guys. 
Is it a good idea to sue USCIS or file an expedite request for my i485?

my i485 was denied, I filed i290b motion to reconsider April 2023, after I got RFE for I601 waiver that I submitted July 2023. looks like the I485 was reopened because I got C09 EAD after that and my I485 status says it was transferred to another office since January 2024(from local office to Vermont office ).

 

[Sandra G. 5,043]

5 hours ago, God is a good God said:

Hello guys. 
Is it a good idea to sue USCIS or file an expedite request for my i485?

my i485 was denied, I filed i290b motion to reconsider April 2023, after I got RFE for I601 waiver that I submitted July 2023. looks like the I485 was reopened because I got C09 EAD after that and my I485 status says it was transferred to another office since January 2024(from local office to Vermont office ).

 

There's no point in suing USCIS. The processing time isn't up, and they won't expedite it.

[Demise 1,240]

14 hours ago, Meingandu said:

My EAD is c10 so it was 12 months earlier then kept getting changed and till yesterday it was 17 months and today 18.5 months. I’ve May 2023 filing of EAD. 

C10 is pending cancellation of removal. You can try asking your congressman/senator to inquire on your behalf and see what happens. Just give them any reason why you need the employment authorization.

Still, why are you doing COR? There's only a few good reasons to do it:

1. You are inadmissible and don't qualify for a waiver, which for VAWA is very few things since you can overcome things like a permanent bar with an I-601 (in other contexts it's COR or leave for 10 years and then file I-212).

2. The 2 year filing deadline after termination of marriage has lapsed.

3. You were never married (or believed you were married (i.e. bigamy)) and are instead claiming by a mutual out of wedlock child of an abusive USC/LPR.

4. K-1/2 entrants who (or whose parent) married someone wouldn't be eligible to AOS but should be eligible for COR.

 

Unless this is VAWA NACARA which I'll be honest, you'd be the first I've ever seen.

 

5 hours ago, God is a good God said:

Hello guys. 
Is it a good idea to sue USCIS or file an expedite request for my i485?

my i485 was denied, I filed i290b motion to reconsider April 2023, after I got RFE for I601 waiver that I submitted July 2023. looks like the I485 was reopened because I got C09 EAD after that and my I485 status says it was transferred to another office since January 2024(from local office to Vermont office ).

 

You could maybe try a mandamus. Depends if you are confident that it can be approved with no further RFE or NOID. Mandamus just forces a decision, that decision can be good or bad. Also, 1 year on an I-601 isn't obscene so the lawsuit likely wouldn't get far.

 

Main question here is what's the status of the I-601? I-290B reopened the I-485, but approval of the I-290B/I-485 hinges on the I-601. Also I'm really curious about why your case is currently at the AAO. I-485s normally don't end up there (mainly because most grants of AOS are discretionary and don't give you the option to appeal) unless the service center has no idea what to do about you and needs an advisory opinion.

 

Edited 6 hours ago by Demise

[God is a good God 238]

18 minutes ago, Demise said:

C10 is pending cancellation of removal. You can try asking your congressman/senator to inquire on your behalf and see what happens. Just give them any reason why you need the employment authorization.

Still, why are you doing COR? There's only a few good reasons to do it:

1. You are inadmissible and don't qualify for a waiver, which for VAWA is very few things since you can overcome things like a permanent bar with an I-601 (in other contexts it's COR or leave for 10 years and then file I-212).

2. The 2 year filing deadline after termination of marriage has lapsed.

3. You were never married (or believed you were married (i.e. bigamy)) and are instead claiming by a mutual out of wedlock child of an abusive USC/LPR.

4. K-1/2 entrants who (or whose parent) married someone wouldn't be eligible to AOS but should be eligible for COR.

 

Unless this is VAWA NACARA which I'll be honest, you'd be the first I've ever seen.

 

You could maybe try a mandamus. Depends if you are confident that it can be approved with no further RFE or NOID. Mandamus just forces a decision, that decision can be good or bad. Also, 1 year on an I-601 isn't obscene so the lawsuit likely wouldn't get far.

 

Main question here is what's the status of the I-601? I-290B reopened the I-485, but approval of the I-290B/I-485 hinges on the I-601. Also I'm really curious about why your case is currently at the AAO. I-485s normally don't end up there (mainly because most grants of AOS are discretionary and don't give you the option to appeal) unless the service center has no idea what to do about you and needs an advisory opinion.

 

The i601 is stuck on case was received. The i485 status is showing case was transferred to another office having jurisdiction over your case since January 2024 and I received a letter from uscis Vermont confirming the transfer (I guess it went from local office to Vermont). 
when I made a request of « outside normal processing time» 3 months ago, received an email from the local office saying « decision will be made within 90 days». The 90 days expired with nothing from them. I made another request last week, received an email that my case went to AAO since April 27,2023  when they received my I290 April 14 2023.

very confusing as you stated, how the local office telling me that my case went to AAO April 27 2023 when in January 2024 case was transferred to Vermont?

[Demise 1,240]

31 minutes ago, God is a good God said:

very confusing as you stated, how the local office telling me that my case went to AAO April 27 2023 when in January 2024 case was transferred to Vermont?

That'd actually make sense. I-485 originated in Irving, TX, but all the time it was in the VAWA unit at VSC it'd be outside of the view of most regular employees. Upon denial it likely got bounced back where it came from originally (so, Irving, TX).

 

So upon filing the I-290B the local office or Irving had no idea what to do with it, and bounced it to the AAO, which then sent it to Vermont. Whoever handled the service request just can't see the transfer to the VAWA unit (because of the privacy protections) and just told you what they can see.

 

So, long story short, to check what's actually going on you'll need a senator or congressman to inquire on your behalf. Normal service requests and infopasses fail on VAWA cases. VAWA unit is also pretty bad at responding directly to applicants so the only way to get an answer as to what's going on is to get congressional help (privacy release lets the representative inquire about a VAWA case and USCIS legally has to take congressional inquiries seriously).

[God is a good God 238]

37 minutes ago, Demise said:

That'd actually make sense. I-485 originated in Irving, TX, but all the time it was in the VAWA unit at VSC it'd be outside of the view of most regular employees. Upon denial it likely got bounced back where it came from originally (so, Irving, TX).

 

So upon filing the I-290B the local office or Irving had no idea what to do with it, and bounced it to the AAO, which then sent it to Vermont. Whoever handled the service request just can't see the transfer to the VAWA unit (because of the privacy protections) and just told you what they can see.

 

So, long story short, to check what's actually going on you'll need a senator or congressman to inquire on your behalf. Normal service requests and infopasses fail on VAWA cases. VAWA unit is also pretty bad at responding directly to applicants so the only way to get an answer as to what's going on is to get congressional help (privacy release lets the representative inquire about a VAWA case and USCIS legally has to take congressional inquiries seriously).

It makes sense now. Yes I filed i485 with Irving Texas. Your explanation makes much more sense now . Thank you

Edited 4 hours ago by God is a good God