VAWA, Part 7

[redmango88 4]

Hi there guys!

I filed my VAWA visa last Aug 25, 2015 and got my biometrics done last Oct 8, 2015.

I went to USCIS office here in Buffalo last Dec 10, 2015 to make a follow up regarding my i-765.

My lawyer even sent couple of inquiries to follow up my case but I haven't got any response at all.

I'm already passed 7 weeks from the normal processing time for i-765. I don't what to do next? Should I just wait?

I'm so worried. Thanks.

[houston8 3]

Hello redmango88,

Call USCIS by phone 1 (800) 375-5283, give them your pending case no for I-765 and request expedited service. Do NOT mention VAWA as they are not supposed to discuss VAWA with you over the phone.

Or submit a service request from the link below:

https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=abc6QyrXZSSKF9Y86LHjv?entryPoint=init&sroPageType=onpt

Good luck.

[quachuong 2]

Hi Sandra,

I drove from New Orleans to Jackson, Mississippi to find my lawyer. I came to all 3 offices and his home address but i couldn't find him. It turns out he doesn't have his office, he just co-operated with these offices and he left 10 days ago, they don't know where he is going. I even came to his university, contact his department but there is no clue to find him.

I called USCIS but they said i had to wait for 30days to put 2nd request.

Could you please walk me through steps to file a complain to Mississippi Bar Association and notice USCIS that i want to fire him?

Thank you.

Linh

[Sandra G. 5,023]

Linh here is the link explained what to do in cases like yours ok

http://www.msbar.org/ethics-discipline/consumer-assistance-program/frequently-asked-questions.aspx

Send to your attorney a certified letter fired him and ask a copy of your file. As soon you get the receipt back submit to USCIS a copy of the receipt, a copy of the letter firing your attorney, a copy of the Mississipi Bar complaint. Ask USCIS to forward you all documents to you and to issue the RFE.

[redmango88 4]

Hello redmango88,

Call USCIS by phone 1 (800) 375-5283, give them your pending case no for I-765 and request expedited service. Do NOT mention VAWA as they are not supposed to discuss VAWA with you over the phone.

Or submit a service request from the link below:

https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=abc6QyrXZSSKF9Y86LHjv?entryPoint=init&sroPageType=onpt

Good luck.

Hi Houston8,

I already submitted a service request from the link that you sent.

I'm still wondering why I don't have any notification after my biometrics done last Oct 8, 2015.

I really feel depressed now thinking about it.

This week, I'm entering my 5th month for my VAWA application, I'm hoping to get a positive response to it.

[B2AOS 2]

Hi Everyone,

First I would like to thank Sandra for all of her help thus far. It has been invaluable.

I'm in the process of completing the I-360 and I have a couple of questions.

(My Background - I am in the process of doing an AOS from a B2 visa). I have been in the US since July, married in Nov and was physically abused in mid Jan. (not the first time, but enough is enough and my husband was arrested).

So, my questions are.

1. In Part 7, section B, question 7, do I list my minor daughter here and part 9? Since I will be listing my daughter does USCIS realize that she too will need the waiver as she is also doing an AOS.

2. So far, I have been unable to locate the copy of my husband's passport that we submitted with the AOS package and I'm doubtful he will give me another copy. Are we toast now?

3. How important is the "relevant credible evidence of the extreme hardship that would result if you were to be removed or deported"? Although, I have only been in the US a short time, I do want to stay. My sister is here (married to a USC), but I seriously doubt USCIS considers that extreme hardship. I haven't received my EAD so I'm not working yet. My daughter is in school, and my sister is having a baby in May that I would like to be with and help with, but that is about it. Would I be better off to wait until I'm working to file the I-360?

Thanks for all your help.

[Sandra G. 5,023]

B2AOS. Vawa is not a waiver!

If your daughter didn't suffer abuse then she will not file a VAWA petition, that being said she is not a self-petitioner, do not list her name in Part 7, section B, question 7.

Part 9 you shout put your child's name and yours as well.

Don' forget that you need a police clearance from all places you lived in the past 3 years if more the 6 months.

If your husband is not naturalized USCIS will have trouble find your spouse status.Inform that you submitted a copy of his passport along with the AOS and ask USCIS to search in the I-485 file.But I would try to find a get a copy of his birth certificate, last year I saw 4 cases denied here in the Visa Journey because the VAWA filers couldn't prove their spouses status and USCIS said couldn't find about their status either. Most States issue certified birth certificate copies,, contact vital records.

[B2AOS 2]

B2AOS. Vawa is not a waiver!

If your daughter didn't suffer abuse then she will not file a VAWA petition, that being said she is not a self-petitioner, do not list her name in Part 7, section B, question 7.

Part 9 you shout put your child's name and yours as well.

Don' forget that you need a police clearance from all places you lived in the past 3 years if more the 6 months.

If your husband is not naturalized USCIS will have trouble find your spouse status.Inform that you submitted a copy of his passport along with the AOS and ask USCIS to search in the I-485 file.But I would try to find a get a copy of his birth certificate, last year I saw 4 cases denied here in the Visa Journey because the VAWA filers couldn't prove their spouses status and USCIS said couldn't find about their status either. Most States issue certified birth certificate copies,, contact vital records.

Thanks for your response...I don't know why I keep calling it a waiver.

1&2 Thanks. I will correct that.

3. He was born here. I tried getting a copy of his birth certificate, but I don't qualify to receive one (has to be him, his parents or a court order). Maybe through the divorce I can get one.

Thanks again.

[Sandra G. 5,023]

Your petition should be supported with your personal affidavit, describing the abuse, the courtship and your relationship with your husband (9/13 pages).

Regading the "relevant credible evidence of the extreme hardship that would result if you were to be removed or deported" is used for people in REMOVAL PROCEEDINGS and if the person decides to choose this option,it's not your case.

Edited January 26, 2016 by sandranj

[Dodgertown 27]

B2AOS,

There is a quite good possibility that you will get some hard time during your future AOS interview because of your B-2 tourist visa. Proving "good faith marriage" for VAWA could also be an issue. Not saying that you don't have any chances, just letting you know to be prepared. Knowledge is power.

Good luck.

[B2AOS 2]

I understand, and I'm prepared in that aspect. We had a joint bank account, took trips with his family and mine (photos, facebook for evidence).

We were both on the lease, so I feel like I have all the evidence I need in the short time together.

[Sandra G. 5,023]

There is no problem because of her B2 B2 Georgetown. USCIS does not take in consideration the status of the self petitioner when ajudicating VAWA/AOS, even those that entered without inspection can file Vawa, illegal people, crew member,people in removal proceedings can file VAWA as well.

[Dodgertown 27]

Sandra,

I didn't question her eligibility. I was just going to say that non-immigrant visa can "possibly" (but not necessarily) raise some additional questions during AOS interview. Here is a good example: http://www.visajourney.com/forums/topic/505175-approved-vawa-i-485-pending-io-allegation-of-fraudmisrepresentation/

Edited January 28, 2016 by Dodgertown

[Sandra G. 5,023]

The possibility exists if fraud or misrepresentation was present when the person filed the non immigrant visa(the case you posted the link).USCIS officers are highly trained and the officer asked for one hour about the non immigrant visa because he/she knew fraud or misrepresentstion was present in that case,and the person had to submit an waiver to overcome the misrepresentation or fraud. No way,no how USCIS will question someone about the non immigrant visa if misrepresentation or fraud is not present.

[Sandra G. 5,023]

Hy Folks I am so busy lately and I didn't have time to post here about the VAWA approvals. I had so far 25 VAWA cases approved in 2016, eleven are members of the Visa Journey.I did not charge to review the I-360/I485 forms and affidavits.

I didn't finish counting the number of approvals in 2015, but I would say I had around 120/140 approvals and 30/40 were VJ members.Right now I have 9 VAWA to review. It seems I will have a busy year with VAWA cases.I can't accept to help and review all cases that I receive emails and messages then I always choose some cases involving children, people in shelters, ill people etc.