Jump to content
Iphiechuks

EAD for my VAWA application taking too long

By Iphiechuks in Effects of Major Family Changes on Immigration Benefits

 Share

5 posts in this topic

Recommended Posts

Iphiechuks Newbie

Iphiechuks   0

Posted
Timeline
Posted

Hello House,

 

Please I need help with anyone having similar issue. I applied for VAWA over 2 years ago alongside EAD, my EAD from my I130 has expired and subsequently I lost my job. I have been writing/calling USCIS and also followed up through my Congressman but the response I keep getting is "Note: The form I-765 c31 employment benefit can only be granted upon approval of the the Form I-360 (VAWA status). I applied through an attorney and did not get the prima facie form. 

 

Any help with further explanation, experience and/or way forward. Thanks.

randomstairs Community Regular

randomstairs   309

Posted
Filed: Citizen (apr) Timeline
Posted

Was your Form I-360 approved or not? What is the attorney saying? 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Demise Proficient

Demise   1,329

Posted
Filed: AOS (apr) Timeline
Posted (edited)
On 1/13/2025 at 3:53 PM, Iphiechuks said:

Hello House,

 

Please I need help with anyone having similar issue. I applied for VAWA over 2 years ago alongside EAD, my EAD from my I130 has expired and subsequently I lost my job. I have been writing/calling USCIS and also followed up through my Congressman but the response I keep getting is "Note: The form I-765 c31 employment benefit can only be granted upon approval of the the Form I-360 (VAWA status). I applied through an attorney and did not get the prima facie form. 

 

Any help with further explanation, experience and/or way forward. Thanks.

 

That response is correct. Your lawyer messed up and is quite frankly an idiot. C31 can only be granted based upon an approved I-360 but that is not the only category you're eligible to seek an EAD under.  

 

If you have a pending I-485 (either filed with I-360 or you transferred the one from the I-130 to I-360) then you should instead file I-765 under category code (c)(9). That one is based solely on pending I-485 and doesn't need the I-360 or anything else to be approved first. If this a new I-485 then the I-765 should be an initial application, if it's an old I-485 transferred from I-130 then the I-765 should be a renewal application.

 

If you do not have a pending I-485 then file one based on the pending I-360 and include the I-765.

 

If the I-485 from the I-130 is still pending and wasn't transferred to the I-360 then you should write to the office that has it requesting a transfer of underlying basis to the I-360 (include a receipt notice), and then file I-765 (c)(9) based on that I-485.

 

If you are for some reason unable to file I-485 (e.g. final order, or you entered on K-1 and the abusive spouse you are claiming VAWA protections from is not the one who got you the K-1) then you should instead file I-765 based on category (c)(14) and I-765WS and instead request that they give you a prima facie. Prima facie determination comes with a supplemental grant of deferred action which makes you eligible for an EAD under category (c)(14).

 

All the VAWA associated forms (I-360, I-485, I-765 (c9, c31, c14), I-131, associated waivers, etc) do not require a fee and are free to file.

Edited by Demise

Contradictions without citations only make you look dumb.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...