VolksWagon99

When one gets EAD approved in VAWA? How long it takes?

12 minutes ago, Jorgedig said:

What is COR?

Cancellation of Removal

On 10/21/2021 at 2:08 AM, Pinkrlion said:

In regard to immigration, you have to submit and report the entire criminal case.  If you do not, it is a misrep of your gmc.  There is no such thing as a dismissed case, they want the entire case.  

gmc?

On 12/17/2021 at 3:13 PM, Demise said:

Cancellation of removal is a bit different. It can only be filed with an immigration court while in removal proceedings and getting yourself placed into removal proceedings when you want to is actually pretty damn hard. In this case you do not file I-360, instead you file EOIR-42B with the court.

- Previous filing of VAWA is required for VAWA COR?

- VAWA COR approval gets you 10 yrs GC?

- VAWA COR approval gets GC for family too?

On 12/17/2021 at 3:13 PM, Demise said:

Correct, the extreme hardship has to be to yourself or to your child. The kid does not have to be with the abuser, however due to some particular wording of the section of law pertaining to VAWA COR you can file EOIR-42B if you were never married but your mutual child was a victim of abuse by other parent who's a USC or LPR. Basically it's a bit of a mess. 

I know; looks like mess      Mutual child...You meant child with USC?

On 12/17/2021 at 3:13 PM, Demise said:

The term used is extreme hardship, which is the same standard that's used for things like unlawful presence waivers. It is difficult and it goes above just being forced to move to a crappier country but it is far from insurmountable. That being said, I do not under any circumstances recommend DIYing a COR case.

- Have any examples of extreme hardship?

- I don't see any Attorneys having experience in VAWA COR. Any recommendations? You can PM also, if feel like

How we can get Police reports w/t alerting the abuser? Not sure how police works so Don't want to put my life in danger

On 12/16/2021 at 12:54 AM, Demise said:

1. Either. There isn't a VAWA interview per se but you can still be called for an interview for the I-485. You can transfer a previously filed I-485 from an I-130 or I-129F to the VAWA I-360.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

3. Police reports, court documents, restraining orders, eyewitness testimonies, psychological evaluations, self-affidavit. I managed to get approved with my only evidence of abuse being a very grisly self-affidavit but this isn't recommended, I figured that I am boned either way so I'll just yolo it.

4. I-360 takes about 2 years, I-485 cannot be approved before then, I'd say probably like 3 years overall. The GC is 10 years.

5. Go and let the agent know that you plan to file VAWA, ask them to hold your I-485 for 30 days, file I-360, when you get a receipt notice mail a copy and a transfer request for the I-485 to your field office. They will transfer your I-485 to VSC.

6. It's a huge topic to be honest and I would recommend you getting a lawyer. This isn't something that can be DIYed generally.

7. 3 years

8. No. You can still be married or divorced for less than 2 years as of the day you file I-360. If more than 2 years passed you can still proceed via VAWA cancellation of removal but that's a whole another can of very angry worms. This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO. Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

Can you pls explain the flow of VAWA i mean... From first time you sent application until approval/denial or  appeal and where you do those steps?

Wondering if any members experienced or have information on VAWA COR

Please share process, requirements, duration etc

On 12/16/2021 at 12:54 AM, Demise said:

 

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

 

I see applicants renew their EADs. Is it same number carries forward or they get new number every time?

On 12/18/2021 at 11:52 AM, Blaze54 said:

 

2. Yes I meant file before you get the denial letter.  If you file before the denial, You should be able to send a letter of Abeyance based on pending i-360 to Uscis and this will put a hold on  the denial of I-485, and then you can continue to use your work permit and renew.

 

I think it makes sense to send one letter to avoid big trouble as well as expenses. Whats the process/Forms to do that?

On 12/18/2021 at 12:06 PM, perseverance_ said:

4. Also, I started taking medication for my ptsd and depression about a month ago, and recently got my psych eval done. My first therapy session was this Friday. All this is being done through my state govt. program and I don't know how detailed their reports would be. Do you have any insight as to how I should coordinate with my therapist regarding this and what kind of psych reports I will need?

What i saw here, your report should be written professionally which from state dept i doubt it

On 12/26/2021 at 9:38 AM, Demise said:

You can file I-290B after a denial to get an appeal going after denial. That being said from my reading of AAO decisions it looks like maybe 5% prevail on appeal. Most cases that get there are basically defective from the get go and there's generally no curing that.

 

That being said, USCIS won't issue a straight up denial on an I-360, you will get an RFE or a NOID (or in some cases 1 of each) to let you address any inconsistencies, deficiencies, etc before they'll deny you.

Any idea whats the over all approval rate for VAWA? And does that varies on diff states/Offices?

19 hours ago, Touna said:

You are completely wrong On this one, 

If you file an appeal , the appeal goes to Vermont first to take another look , and sometimes they approve it after a denial,  if they are still denying,  then it goes to AAO.

...And how you file the appeal after AAO too denies it? What are most usual reasons for denials?

26 minutes ago, Demise said:

If you need it, don't DIY it, get a lawyer.

You're wonderful human being, @Demise !!

Any recommendations for lawyer?

On 12/13/2021 at 9:27 PM, Demise said:

I mean if you want to go the VAWA route you'll file I-360 with USCIS, once you get the receipt notice you'll file form I-485 and the filing fee with the special lockbox in Irving, TX, and file I-485 packet with the court.

 

The court can't rule on the I-485 until USCIS issues a decision on the I-360 which right now takes a bit over 2 years. So you will just get a continuance and a future court date. In the meantime since you'll have a pending I-485 you'll file I-765 (category c09) for a work permit with the Chicago Lockbox. Eventually USCIS will issue a decision, and if approved you'll get an individual hearing which will be basically your I-485 interview. The judge will likely approve the I-485 and terminate the removal proceedings then and then you might need an infopass appointment with USCIS so they'll print your green card.

 

If you are inadmissible and ineligible for AOS under VAWA for some reason. Then instead you'd file form EOIR-42B and filing fee with the lockbox in Irving, TX, and file the VAWA Cancellation of Removal packet with the court. COR gets over certain issues like a permanent bar for illegal re-entry or more than 2 years since divorce.

 

 

Great Details @Demise!

--- Are you saying to file 485 at both Court & special lockbox in Irving, TX?

--- Can someone file VAWA COR after 6 years of divorce?

---- Whats Form EOIR-42B?

"and if you win you will get a green card" - Is it 10 yrs GC?

"It is limited to only 4,000 grants per year" - You mean VAWA COR here? Can you pls elaborate process steps for VAWA COR?

Is it like if someone gets rejected for VAWA; he can go for VAWA COR?

1 hour ago, balo101 said:

With PK you basically can get public benefits as well as the financial aid for your school. 

some times USCIS send it automatically and there are folks here who has to request. I received 3 so far and i never requested it.

 

there is no limit to renew PF. If you are taking advantage of it then you must want to renew before it expire. 

 

after writing to Vermont you can not really tell how long it will take.

Is getting benefits only use of PF? Do we need at any step in VAWA journey too?

On 12/16/2021 at 3:33 PM, shiva32 said:

I asked @Demisea similar question, and your assumption of "that one" IO is correct. There is no law against marrying after VAWA I360 approval prior to approval of green card, but its a very good idea to wait to remarry until after GC is approved. 

Generally speaking how long it takes to get GC approval after I360 approval?

On 10/19/2021 at 7:03 AM, Mkenyan said:

Mine expired on January 2021, to date I didn't get an automatic renewal.

Also my attorney doesn't help that much.

I filled my l-360 on June 2019. Got two PFs then no renewal.

What exactly PF is? Why we need to renew PF? Is it automatically or we need to apply?

On 10/19/2021 at 6:01 AM, balo101 said:

I got mine after the expiration of first one.

Give it 2 to 3 weeks. hopefully you will get it.

 

or you can write to Vermont and request the PF. something you can do your own as well. 

good luck. 

How long it takes after writing to them?

On 10/18/2021 at 10:21 PM, Sparkle✨ said:

You can request renewal. Write a letter to vermont for that. 

Is there a limit to renew PF?

On 12/16/2021 at 12:54 AM, Demise said:

 

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

 

2- Usually we get combo card of EAD & AP. Is that right? How it is when EAD expedited?

6 hours ago, Zizigragnon said:

That is great to know. I can't wait to travel again. I traveled on advance parole before Covid started and came back without issue.

Did you've any overstay or Unlawful presence? Had to file any waiver before travel?

On 10/21/2021 at 10:29 PM, Optimistic1986 said:

Yup thank you, it was finally approved after a long time. I just wonder what kind of instructions are in the notice, biometrics?

Pls share your timeline & office

On 12/17/2021 at 7:22 PM, Demise said:

I wouldn't recommend looking at random cases because you will drive yourself mad. I've done it for mine, I looked like 200 cases before and after mine and I swear that I was one of the last ones to get a decision on mine.

 

If you want to look at stats just get the chart from USCIS: https://www.uscis.gov/sites/default/files/document/data/I360_VAWA_performancedata_fy2021_qtr4.pdf

 

Looks like for FY 2021 the approval rate for spouses was about 68.8%, which seems a bit down. Maybe they're clearing out the backlog by denying cases that lack merit.

Self-Petitioning Parent of a U.S.C. Son or Daughter - In this category is there any minimum age of abuser?

On 12/17/2021 at 8:38 PM, anita21 said:

CARD FINALLY IN HAND.>>YAY!!!!!..I HAVE ALREADY BOOKED MY FLIGHT LOL

 

My journey is finally over

 

this is a 2/3 years of exreme anxiety of depression.

eversince i got my card im feeling an internally healing in me.

-

2years ago i was in a nightmare.. this thread gave me hope. God bless everyone helping people here.. esp Sandra and the rest.

 

This place is a place of refuge.

 

I will try my best to always come back to answers questions as best as i can.

 

I know someone here is wishing to be like me right now.  i want to encourage you that your time will come. believe me i never thought i would see this day...  2yrs ago i couldnt even visualize it but God made it possible becuase He hads broken the gate of brass.

God bless everyone...PEACE!

Pls share your timeline & office

On 12/1/2021 at 12:15 PM, saraa88 said:

Does anyone know how long it takes for i485 after VAWA approval in New York? I intend to fly on advance parole for 3 weeks at the end of December. Should I not travel on the off chance my interview is scheduled while I am away? My VAWA was approved April 2021. Thanks

When was your vawa was approved & how long it took? Any update on I-485 yet? Expecting Interview or approval?

23 minutes ago, VolksWagon99 said:

So, What i understood...VAWA can be filed even after 2 yrs of divorce but won't be approved and you'll be in removal proceedings. Then you can fight cancellation of removal in court based on hardship to yourself or/and to your kid. This kid has to be with abuser?

 

- Do you get EAD in this scenerio?

- Whats the level of hardship to prove, is it too hard?

14 hours ago, Demise said:

 

2. You can file up 180 days early before expiration. The receipt notice for the renewal extends the previous EAD for 180 days. Each C09 EAD is valid for 2 years.

 

2- Do you get AP also w/ EAD?

- Prima Facie- Why ppl need multiple Prima Facie?

- Is VAWA processing is done at same place where I-130/I-485?

11 hours ago, saraa88 said:

My VAWA was approved in April in NY. My attorney sent medical in August without rfe and radio silence since then. 

So, Are you waiting for I-485? Will there be interview and any ETA for that?

11 hours ago, pindiboy said:

my VAWA was approved in April 2021 too but my attorneys says to waite for RFE  to send the  medicals.

I don't think they can approve I-485 w/t medicals. So no point in waiting, i guess. Just sent the medicals to save few months.

14 hours ago, Demise said:

 

Continuing on, VAWA cancellation of removal, which is a difficult benefit to seek, which you can obtain in removal proceedings and which does result in you getting a green card, has slightly different requirements. For example it requires you to have lived in US for at least 3 years, you need to argue the abuse in open court, and you need to demonstrate that your removal would cause extreme hardship to yourself or/and to your child(ren). But at the same time it also doesn't have a time limitations and it allows you to seek it in scenarios where you were never married to your abuser, have a kid with him or her, and the kid was a victim of abuse.

So, What i understood...VAWA can be filed even after 2 yrs of divorce but won't be approved and you'll be in removal proceedings. Then you can fight cancellation of removal in court based on hardship to yourself or/and to your kid. This kid has to be with abuser?

4 hours ago, Demise said:

Mine was 4 pages with my RFE response being 3 pages. Like you want to be logical and to the point in your writing. You don't want something that was really bad (e.g. marital rape) to get lost in sea of petty concerns.

 

Like I agree that it shouldn't matter but I am willing to defer to Sandra when she says that she'd get denials for C09 renewals because the client recently got a C31.

 

C09:

Basis of eligibility: Pending I-485

Cost: Free (unless you had a fee waiver for I-485, where you have to pay the fee or get another fee waiver for renewals)

Validity: 2 years

Automatic 180 day extension: Yes

Can have advance parole (combo card): Yes

 

C31:

Basis of eligibility: Approved I-360

Cost: Initial is free, renewals are $410 or you'll need a fee waiver

Validity: 1 year

Automatic 180 day extension: Yes

Can have advance parole (combo card): No

 

Like I've been saying this for a while, just go with the C09, keep renewing it, and for the most part ignore the C31. Only focus on the C31 one if you're in a situation where it is impossible or imprudent for you to file I-485 (e.g. you have admin closed removal proceedings and you don't want to poke that bear just yet).

Thanks for explaining C09 Vs C31 so well !!!! You got good command on VAWA (better than most of our so called Attorneys)   

4 hours ago, Demise said:

I really think you are putting a very tall order on VolksWagon99. That's like 3000 pages of posts.

I hope i'll finish it before getting the approval  lol

2 hours ago, Stillwinning!!!😊 said:

If by your ‘Whole life story’ you mean the narrative of how you met your spouse and how things progressed into marriage and on to the abuse then you’re on point. Your ‘whole life story’ when it comes to proving your immigration case shouldn’t be from the point of your birth lol…mine was about 19 pages long I think… about 19 or 20. But very detailed. The affidavit not only explained my situation but answered some rfe in the process. You might also consider re-writing or editing it to capture only the important things..thereby reducing the volume. Everyone’s case is different.👍

For what you got RFE? On your sory?

2 hours ago, Aadi135 said:

 

I agreed but i wrote my first statement which was 17 pages including photos. Story started how i met her in 1-2 pages and how we got married, why we got married and yet I received 4 page long RFE. I agreed all cases are different i lived barely 4 months with my wife and did not have much supporting documents. 

Agreed, 

Please dont feel like that. After I received my 2nd rfe which was 4 page long. I wrote detailed statement composing 27-28 pages. In my first statement i was more focused on abuse. In my second statement i was very perticular about all events that was missing from my first statement like how we met. How we dates. Where we been, what we did, what day, what time, how we met family, friends, celebrations, wedding apartment, where we kept what, when we bought what, how we bought. Everything. Got 3 supporting statements. However in 2nd statement I did not write anything about abuse I stopped writing where mu first statement started. Together it will go beyond 40 pages but thats all my heart out on those pages. Not everyone great at writing. Despite Stillwinning knows better than us still got 2-3 RFE’s. So I would say it all depends. I have seen people with 4 pages approved. More pages means more risk of making mistake. We might can even contradict our own story unknowingly but it is what it is. I really have left nothing more to offer as proof. So i wrote i all could. 

In RFE, did they ask about your story/events etc or any Docs?

19 hours ago, Demise said:

1. Either. There isn't a VAWA interview per se but you can still be called for an interview for the I-485. You can transfer a previously filed I-485 from an I-130 or I-129F to the VAWA I-360.

2. There's two options. The usual one is a C09 EAD due to a pending I-485. Alternatively you can check a box on the I-360 and they will issue you a C31 EAD upon I-360 approval. The first option is faster and takes about 6-8 months these days. If you already have a C09 EAD and you transfer I-485 to the I-360 that EAD will remain valid and you can keep renewing it.

3. Police reports, court documents, restraining orders, eyewitness testimonies, psychological evaluations, self-affidavit. I managed to get approved with my only evidence of abuse being a very grisly self-affidavit but this isn't recommended, I figured that I am boned either way so I'll just yolo it.

4. I-360 takes about 2 years, I-485 cannot be approved before then, I'd say probably like 3 years overall. The GC is 10 years.

5. Go and let the agent know that you plan to file VAWA, ask them to hold your I-485 for 30 days, file I-360, when you get a receipt notice mail a copy and a transfer request for the I-485 to your field office. They will transfer your I-485 to VSC.

6. It's a huge topic to be honest and I would recommend you getting a lawyer. This isn't something that can be DIYed generally.

7. 3 years

8. No. You can still be married or divorced for less than 2 years as of the day you file I-360. If more than 2 years passed you can still proceed via VAWA cancellation of removal but that's a whole another can of very angry worms. This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO. Only important thing is that you do not re-marry before the I-360 is pending and ideally not until you have your green card in hand.

Great! Thanks for your help  @Demise  !! 

1-  What reason usually you can be called for an interview? Usually they don't call for an interview?

2- When EAD can be renewed and how long EAD is valid for?

3- Court documents? Example pls

4-  Is it like first  I-360 approved & then I-485 gets approved simultaneously automatically?

7- 3 Years from? I assume it doesn't matter if you're married or not; its still 3 years?

8- Approx. how long its between  I-360 approval & green card in hand?

8- Can you pls elaborate on "This does become somewhat relevant in some cases because if you file, divorce, 2 years pass, and you get denied you can't refile and can only really seek an appeal with the AAO."  Let the Can open  

Guys, how one can search in one specific thread...Lets say VAWA Part 24?

19 hours ago, Nick2020 said:

 

1-VAWA can be filed before or after AOS interview? Is there any VAWA interview?

- Yes you can file before AOS interview and you should, you can take to Interview ask them to hold I-485 for VAWA. after pandemic many of the VAWA applicants got their interview waived. 

 

2-  How & when you get EAD? Can be expedited?

- Currently about 12 to 18 Months, you can request expedited service under extreme hardship.

 

3- What documents or evidences we would need to apply? Police Report needed? How i can prove the torture/bad behaviour?

- You need to prove 3 things, Your spouse is USC or GC Holder, you were married under good faith, and you were abused.

- To prove good faith marriage you can use, Joint Lease , Bank or Credit card account, Insurance policy, affidavits from your neighbor, landlord, friends or relatives, as many pictures as possible, these are just the ideas but there are many documents that can help. Your personal Statement and your story will be very helpful.

- To Prove Abuse you can use Police report, Psychiatrist evaluation, affidavits for friends and family and your Personal affidavit.

 

4- how long it takes (if approved) to get GC? GC is for 2 years or 10 Years

- If spouse is USC then 10 Years, else 2 years. It takes between 2-4 Years.

 

5-If USC spouse don't attend the AOS interview; shall i still go ahead w/ interview? 

- Yes you should,

 

6- Any Post/Notes or link providing good VAWA info

- Just google it.

 

7- After VAWA approval, when citizenship can be applied?

- If spouse is USC and still married to Him or Her then 3 Years or 5 years.

 

8. Do we need to be Divorced while applying? How Divorce timing plays in the process?

- You should not file divorce as once you file divorce you can apply VAWA only within 2 years of Divorce, now if you VAWA is denied or  something goes wrong and you need to file again then you might run out of time, so it is best not to apply for divorce.

 

All this info are based on my personal experience and knowledge, and i might be wrong in some scenario, but this will give you a start, this forum has lost of information on VAWA and answer to every possible question you just need to go through the posts.

 

Good Luck.

You're Awesome, @Nick2020

Thanks for your detailed replies!!

2 hours ago, sandranj said:

Your information is wrong (questions 4,7,8 ). Please read the Vawa Law first if you want to provide information here about immigration.

Thanks Sandra! Can you pls let us know your thoughts on those Qs?

On 12/15/2021 at 4:24 PM, Pinkrlion said:

Start reading VAWA treads 10-24.  You will learn alot

You mean VAWA, Part 10  to VAWA, Part 24 ?

Hello!

Its wonderful that how everyone here is helping one another here

My situation is not good so anxious to know about VAWA. Pls help.

I've few questions related to VAWA:

1-VAWA can be filed before or after AOS interview? Is there any VAWA interview?

2-  How & when you get EAD? Can be expedited?

3- What documents or evidences we would need to apply? Police Report needed? How i can prove the torture/bad behaviour?

4- how long it takes (if approved) to get GC? GC is for 2 years or 10 Years

5-If USC spouse don't attend the AOS interview; shall i still go ahead w/ interview? 

6- Any Post/Notes or link providing good VAWA info

7- After VAWA approval, when citizenship can be applied?

8. Do we need to be Divorced while applying? How Divorce timing plays in the process?

Thank you all !