VAWA, Part 7

[Sandra G. 5,023]

Probably USCIS will think that you made some false claims against your husband and the bogus charge was waived by you.

Sorry it doesn't make sense for me a victim of DV to waive the charges of the abuse suffered. You know what you did right? It means the record of his arrest and charges will not exist anymore.If you do not have pictures of the abuse you will be in trouble because you waived the charges,it means his record is clean regarding the DV.

You must tell USCIS that you waived the charges and do not just mention that he was arrested.

Edited June 28, 2016 by sandranj

[Sandra G. 5,023]

Just explaining a little bit better what I posted above. Victims of DV don't need to have pictures of the abuse.What I mentioned is specifically for the case mentioned here.

If you tell your friends and/or family when the abuse is happening their affidavits will be very important for USCIS. If the abuser was arrested or you have medical records all these things are very important to prove physical abuse, but when the victim waives the claim of DV is a different story.

I read many decisions that the IO did not give weight to the restraining order because the restraining order was not extended.

[vawa111 2]

Dear Snadra,

I am successful VAWA case. The journey is over. I am resident since 09/2014.Life has been great since then. New job, more opportunities!

Thank you for the support and this forum helped me a lot to go through the pain and the whole process.

I have a question. When can I apply for citizenship and the steps to do that ?

Thank you dear!

VAWA member

[kmogens 1]

I see from comments that NTA is issued 30/60 days after I-485 is denied, but my AOS was denied July 2013 but I have not received NTA to this day (July 2016). A lawyer I retained to look into this called the 1-800-898-7180 number (he called in Nov 2015) and confirmed no NTA was ever issued. Since then, I call once a month and still no NTA yet. Is this administrative closure and how can I find out?

[Sandra G. 5,023]

VAWA111 you need to be a legal resident of the USA for 2 years and 9 months before you can apply for Citizenship.

Follow the link bellow to apply for Citizenship.

http://www.visajourney.com/content/naturalization_guide

[Sandra G. 5,023]

kmogens You can file a FOIA request to find out about your case.

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

[kmogens 1]

kmogens You can file a FOIA request to find out about your case.

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

My lawyer did filed the FOIA in 2015. There were some redacted documents (the file is at least 100 pages) but the final USCIS decision showed AOS denied and reason why. But there was no information on why NTA was not filed or if it would be filed. No more information, just denial and silence. So my lawyer was confused too. So I am trying to find out what it all means.

[B2AOS 2]

How does VAWA affect the form I-864 (Affidavit of Support) is my ex still responsible? What about my joint sponsor? Can my ex pull his support if I haven't adjusted yet (I have a pending VAWA)?

[Sandra G. 5,023]

B2AOS Vawa filers do not need sponsor/co sponsor.You will sign form I-864W .

Yes your co sponsor and husband are not responsible anymore, they can withdrawn when they want.Once the sponsor and/or co- sponsor withdrawn the AOS will be denied, then just file a new one submitting all papers for AOS and submit form I-864W.

DO NOT SUBMIT A NEW AOS if your AOS is still pending.

Edited July 8, 2016 by sandranj

[B2AOS 2]

As usual very helpful Sandra. Thanks!

[thegodfather007 3]

thegodfather the USCIS ombudsman will answer you just about form I-485 and I-765, the Ombudsman will NOT ANSWER ANYTHING VAWA.You must fill out with all information asked in the form 7001.

Hi Sandra ,, please enlighten me , i got a letter in the mail from uscis that states :

Principal form type : I765 OTHER....U.S Citizenship and Immigration Services (USCIS) cannot answer your inquiry over the phone or through a referral. You must submit your inquiry in written form and with original signature of the inquirer. If there is an attorney of record or representative, you must submit a properly completed notice of entry of appearance as Attorney or Representative (Form G-28)

NOTE: Third Party inquirers will not be recognized.

Thank you for your understanding.

Could this be because i recently contacted the uscis ombudsman about my i765 petition (I'm still yet to hear back from them ? Or could it be because i submitted a case inquiry about my i485 just not long ago? I'm really lost and confused , my i765 been pending for 6+months, please shed some light .. Thanks

[Sandra G. 5,023]

USCIS sometimes do not answer e- request regarding I-485, I-765 ,but I saw hundreds of cases that they answered, then it's up to them. They do not answer over the phone at all.

[quachuong 2]

Hi Sandra and VJ friends,

I had an infopass today, it looks like my case is at my local field office (New Orleans). The representative said my case was "up for scheduling". Does this mean my case is in line for scheduling an interview?

New Orleans office is having a backlog, it's dealing with cases from November last year (8months backlog).

1. Do you think I can have interview within a month? I'm moving in a month so I want to estimate when i can receive the interview letter, i don't want to miss it.

2. My I693 expired. When i come to interview, do i have to bring a new I693? Actually i had i693 done twice since i started this journey. They gave me the vaccin twice. I really don't want to go have it one more time.

Thank you

[justiceseeker 1]

Hi Sandra,

thank you for your help to all members.I have green card based on VAWA since June 2014 and planning to apply for citizenship March 2017.I was fired from my job due to performance issues as per my manager.I am now getting unemployment insurance from Illinois Department of Employment Security because I am not working.So will this be a public benefit that prevent me from applying for citizenship?What if i was still unemployed till the date of applying for citizenship will this be basis for denial of my naturalization?

Thanks.

[Sandra G. 5,023]

Justiceseeker it's not considerate public charge to receive unemployment.

Being unemployed is not a reason to to deny Citizenshipm