i360 VAWA denial - consequences

[3bvsla 1]

what are the consequences of denial i-360?

if they deny i-360, would i be sentenced to leave the country/ be deported?

[EWTN2009 0]

what are the consequences of denial i-360?

if they deny i-360, would i be sentenced to leave the country/ be deported?

I have no idea. That's a great topic to talk about. Have you heard about someone's denied case?

[JimVaPhuong 4,863]

what are the consequences of denial i-360?

if they deny i-360, would i be sentenced to leave the country/ be deported?

File an EOIR-29 "Notice of Appeal" with the Board of Immigration Appeals (BIA). If you're lucky, you'll get the denial overturned. If that fails, the next step is to file an appeal with the District Court of Appeals. Failing that, keep moving up the appeals court ladder until you either win your case, have an appeals court refuse to hear your case, lose at the US Supreme Court, or run out of money to pay your attorneys.

If your case is likely to garner your attorney a lot of free publicity (something attorneys really love) then they might take the case pro bono, which means free of charge. Otherwise, I'm guessing the "run out of money" option will kick in before you get to the District Court of Appeals.

At any point along the way, you can give up and go back to your home country, or wait to be deported.

The BIA appeal is relatively inexpensive, but most appeals are denied, and most people never go any further.

[3bvsla 1]

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

[JimVaPhuong 4,863]

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

VAWA applications are denied if the applicant can't show enough evidence that the abuse actually took place. VAWA applications receive extra scrutiny because they are frequently used by immigration scammers who don't want to wait it out in a sham marriage to get their legal status, and are looking for a shortcut to an unconditional green card. Most VAWA applications are approved, though.

Most appeals are denied because the applicant usually can't present any new evidence to change the initial ruling.

[EWTN2009 0]

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

VAWA applications are denied if the applicant can't show enough evidence that the abuse actually took place. VAWA applications receive extra scrutiny because they are frequently used by immigration scammers who don't want to wait it out in a sham marriage to get their legal status, and are looking for a shortcut to an unconditional green card. Most VAWA applications are approved, though.

Most appeals are denied because the applicant usually can't present any new evidence to change the initial ruling.

In other words.... When you get your Prima facie letter means that you're almost there? I know that letter says that it doesn't mean your case would be approved but if they considerate that you sent enough evidence, don't request more evidence and issue a prima facie letter , I think they're pre-aproving your case, isn't it? Am I wrong?

[bhajishah 4]

dont throw your life and marriage away.

[JimVaPhuong 4,863]

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

VAWA applications are denied if the applicant can't show enough evidence that the abuse actually took place. VAWA applications receive extra scrutiny because they are frequently used by immigration scammers who don't want to wait it out in a sham marriage to get their legal status, and are looking for a shortcut to an unconditional green card. Most VAWA applications are approved, though.

Most appeals are denied because the applicant usually can't present any new evidence to change the initial ruling.

In other words.... When you get your Prima facie letter means that you're almost there? I know that letter says that it doesn't mean your case would be approved but if they considerate that you sent enough evidence, don't request more evidence and issue a prima facie letter , I think they're pre-aproving your case, isn't it? Am I wrong?

Prima Facie is Latin. It literally means "on it's face". What this means is that, at first glance, you appear to have enough evidence for your case to proceed. It doesn't mean your evidence has been ACCEPTED as FACT. It doesn't mean "you're almost there". It means you've gotten past the first step. If the evidence you submitted is subsequently found to be factual, then your case will be approved.

[Ree 9]

i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

They do exist. Look here - http://www.uscis.gov/uscis-ext-templating/...se%20or%20Child

[Kar98 0]

http://www.visajourney.com/forums/index.ph...=200071&hl=

Edited June 12, 2009 by Kar98

[Chipolino 1]

i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

They do exist. Look here - http://www.uscis.gov/uscis-ext-templating/...se%20or%20Child

it's very interesting... thank you

[3bvsla 1]

EWTN2009, yes, thats what Prima facie means - "pre-approval". But doesn't mean approval? No. There might be some additional evidences requested as well.

[EWTN2009 0]

EWTN2009, yes, thats what Prima facie means - "pre-approval". But doesn't mean approval? No. There might be some additional evidences requested as well.

THANK YOU ALL FOR YOUR COMMENTS AND INFO . Have a Blessed weekend

[diadromous mermaid 36]

Correction: The prima facie determination is made to provide the alien a "qualified" status in order to seek benefits (such as assistance or an EAD) while the case is being thoroughly reviewed. The actual approval or denial in a VAWA case can take many months. In order for an alien to receive a prima facie determination...he or she must have addressed each of the requirements listed below and have provided some supporting evidence. This may be in the form of a statement that addresses each requirement.

The self-petitioning spouse,

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
• Is required to be a person of good moral character.
• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

but most appeals are denied, and most people never go any further.

very upsetting information..

EWTN2009, i never heard about denied VAWAs , but it doesn't mean that they don't exist.. ;(

VAWA applications are denied if the applicant can't show enough evidence that the abuse actually took place. VAWA applications receive extra scrutiny because they are frequently used by immigration scammers who don't want to wait it out in a sham marriage to get their legal status, and are looking for a shortcut to an unconditional green card. Most VAWA applications are approved, though.

Most appeals are denied because the applicant usually can't present any new evidence to change the initial ruling.

In other words.... When you get your Prima facie letter means that you're almost there? I know that letter says that it doesn't mean your case would be approved but if they considerate that you sent enough evidence, don't request more evidence and issue a prima facie letter , I think they're pre-aproving your case, isn't it? Am I wrong?

Prima Facie is Latin. It literally means "on it's face". What this means is that, at first glance, you appear to have enough evidence for your case to proceed. It doesn't mean your evidence has been ACCEPTED as FACT. It doesn't mean "you're almost there". It means you've gotten past the first step. If the evidence you submitted is subsequently found to be factual, then your case will be approved.

[Karinna 2]

My friend was denied. She filed appeal with additional evidence (mainly re-wrote her statement with more details). After that they sent her approval.