VAWA, Part 10

[Valerie899 80]

30 minutes ago, Goyo said:

Of course is different. I360 is the first process and I485 is the adjustment. Vawa exempt a lot inadmisibilities including even working withou work permit. Who told you you can be denied for entry without inspection?????”YOU STATED THAT SHE WILL BE DENIED” As far as I know Vawa self petioners are exempt from bar. Now the problem will be if they were deported and reentered to the country and for that there is the 601 waiver. I hate when people give inacurateinformation without being informed or educated about the topic. I read a lot and I always try my best to give accurate info to people. 

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

[Mayitam 0]

On 3/21/2018 at 1:08 PM, MsVi2 said:

How did you find out prima was kept from you? 

I haven’t receive mine either 

sent March 2017 

please help! 

 

Edited June 30, 2018 by Mayitam

[MsVi2 50]

2 hours ago, Valerie899 said:

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

As someone who is working VERY closely with the waiver process and inadmissibilities, I can tell you that overstaying will not cause a denial and if I'm not mistaken you don't need to even file a waiver for illegal presence due to an overstay, specially because you filed VAWA.  Being a vawa self petitioner does grant certain exemptions, as well as changing the requirements needed to prove hardship on Waivers. 

 

Do not do the 485 process alone though, hire an attorney who is experienced with waivers because they will know whether you need to file a waiver or not, and if you do, you want someone who is experienced writing and submitting them. 

[MsVi2 50]

2 hours ago, Mayitam said:

How did you find out prima was kept from you? 

I haven’t receive mine either 

sent March 2017 

please help! 

After a year I started making inquiries about it, and when talking to the people who submitted my paperwork I told them I hadn't even gotten prima facie.  That's when they said to me, "no we're pretty sure you got prima facie" and they went to check.  They had gotten my Prima Facie and no one sent it out to me, they just filed away and never notified me.  I would have never found out if I hadn't begun inquiring about my case. 

[Goyo 68]

6 hours ago, Valerie899 said:

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

No it’s not 50/50 and it’s not based up on the officer. The law is written for a reason. You don’t have nothing to worry. 

[MariFD 34]

7 hours ago, Goyo said:

Of course is different. I360 is the first process and I485 is the adjustment. Vawa exempt a lot inadmisibilities including even working withou work permit. Who told you you can be denied for entry without inspection?????”YOU STATED THAT SHE WILL BE DENIED” As far as I know Vawa self petioners are exempt from bar. Now the problem will be if they were deported and reentered to the country and for that there is the 601 waiver. I hate when people give inacurateinformation without being informed or educated about the topic. I read a lot and I always try my best to give accurate info to people. 

I have never been deported. I just entered the country illegally 23 years ago. I have a clean record.  Is the 601 waiver just for when you have been deported? Or do I still have to file it with the I-485? Thanks for the information.  

[Goyo 68]

6 hours ago, Valerie899 said:

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

 The problem is when you entered illegally and then departed and reentered again because that means you broke the law two times. Besides, Vawa was created to allow undocumented immigrants to self petition. Vawa petioners are exemp from many things that would make them inadmissible. The question will be if you need to file a 601 waiver. Ask @sandranj to help you out. She is very helpful. 

[Goyo 68]

Just now, MariFD said:

I have never been deported. I just entered the country illegally 23 years ago. I have a clean record.  Is the 601 waiver just for when you have been deported? Or do I still have to file it with the I-485? Thanks for the information.  

That’s what I am trying to find out. If there is a need to fill the waiver even thought you never left the country. I went to the uscis website and read and the form 601 and there is only a box to check if you entered illegally and departed and rentered. I sent a message to @sandranj she is the profesional here. I hope she gets the chance to answer my question soon. 

[MsVi2 50]

5 hours ago, Goyo said:

That’s what I am trying to find out. If there is a need to fill the waiver even thought you never left the country. I went to the uscis website and read and the form 601 and there is only a box to check if you entered illegally and departed and rentered. I sent a message to @sandranj she is the profesional here. I hope she gets the chance to answer my question soon. 

"Applicants for an immigrant visa or adjustment of status as a Violence Against Women (VAWA) self-petitioner or children of VAWA self-petitioners may use Form I-601 to obtain relief from all grounds of inadmissibility listed above and INA section 212(a)(9)(C)(i) unlawful presence following previous immigration violations. If you are a VAWA self-petitioner and you believe you are inadmissible based on any of the above grounds, please contact an attorney to discuss your grounds of inadmissibility. In some cases, VAWA applicants may not need to file an I-601 waiver;"

@MariFD Like I've in a previous post, if you think you might have an inadmissibility you need to consult with an attorney who specializes in waivers.  They can look through ALL of your paperwork and situation and can tell you if you will or will not need a Waiver.  I know that some VAWA self petitioners have not needed to file a waiver if they entered legally, overstayed and never left the US.  

I myself I'm going through the process of a waiver because I have 2 inadmissibilities that I accidentally triggered when my parents made me leave with them and I came back on my own, and the waiver process can be complicated and it carries a risk of being denied relief.  So please please please find an attorney with experience filing waivers. 

[Pinkrlion 2,611]

5 hours ago, MariFD said:

I have never been deported. I just entered the country illegally 23 years ago. I have a clean record.  Is the 601 waiver just for when you have been deported? Or do I still have to file it with the I-485? Thanks for the information.  

You will need a lawyer.  The immigration issues pending now are different, since previously you would not be deported due to a clean record, that is now not the case.  You will not have any problems with the VAWA approval because of your illegal presence.  For your I-485, your illegal presence for 23 years is the issue.  The lawyer will be able to help you file the appropriate petitions needed.  Regardless of what others may state in their advice, your situation is not a Do It Yourself case, your case is a lot more complicated than entering the US legally and overstaying your visa.  

 

You can try Atty. Liz Cannon who has helped several of my friends with waiver issues.

Edited June 30, 2018 by Pinkrlion

[MariFD 34]

2 minutes ago, MsVi2 said:

"Applicants for an immigrant visa or adjustment of status as a Violence Against Women (VAWA) self-petitioner or children of VAWA self-petitioners may use Form I-601 to obtain relief from all grounds of inadmissibility listed above and INA section 212(a)(9)(C)(i) unlawful presence following previous immigration violations. If you are a VAWA self-petitioner and you believe you are inadmissible based on any of the above grounds, please contact an attorney to discuss your grounds of inadmissibility. In some cases, VAWA applicants may not need to file an I-601 waiver;"

@MariFD Like I've in a previous post, if you think you might have an inadmissibility you need to consult with an attorney who specializes in waivers.  They can look through ALL of your paperwork and situation and can tell you if you will or will not need a Waiver.  I know that some VAWA self petitioners have not needed to file a waiver if they entered legally, overstayed and never left the US.  

I myself I'm going through the process of a waiver because I have 2 inadmissibilities that I accidentally triggered when my parents made me leave with them and I came back on my own, and the waiver process can be complicated and it carries a risk of being denied relief.  So please please please find an attorney with experience filing waivers. 

Thank you for the information. I wish I could afford a lawyer who is experienced with waivers. I have no income at the moment. I have looked around to see if there is a pro bono lawyer who is experienced with VAWA cases , but no luck.... I will keep looking. For now this forum and google search is all I have to prepare my VAWA case. I'll look into the I-601 waiver. THANK you @MsVi2 . 

[MsVi2 50]

5 minutes ago, MariFD said:

Thank you for the information. I wish I could afford a lawyer who is experienced with waivers. I have no income at the moment. I have looked around to see if there is a pro bono lawyer who is experienced with VAWA cases , but no luck.... I will keep looking. For now this forum and google search is all I have to prepare my VAWA case. I'll look into the I-601 waiver. THANK you @MsVi2 . 

I know how it is,  I'm still waiting for my EAD so I can save up to pay my attorney to start my waiver process.  But please DO NOT do it on your own, not when it comes to waivers.  Consult with attorney and see what they will charge you, and if they can work with you on a payment plan or at least allow you save up to pay them.  Try and get a loan just for the attorney if you must but please, whatever do you, do not try to do the waiver process yourself.    Best of luck @MariFD

[Military 78]

14 hours ago, Pinkrlion said:

That is true, Sandra says all the time just because you are approved for VAWA doesnt mean you will be approved for I-485.  The green card process is different, and you can be denied for admissibility issues, and entry without inspection, that is why they say in these cases it is not DIY and they need a lawyer.

Technically you are correct.

14 hours ago, Goyo said:

I think you are wrong! Basically this is saying that’s Vawa petitioners are exempt from being inadmisible due to  entering without inspection. Now the question will be if a waiver has to be file with I485? Go to the link and get informed. https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7.html

 

4

 

13 hours ago, Goyo said:

Of course is different. I360 is the first process and I485 is the adjustment. Vawa exempt a lot inadmisibilities including even working withou work permit. Who told you you can be denied for entry without inspection?????”YOU STATED THAT SHE WILL BE DENIED” As far as I know Vawa self petioners are exempt from bar. Now the problem will be if they were deported and reentered to the country and for that there is the 601 waiver. I hate when people give inacurateinformation without being informed or educated about the topic. I read a lot and I always try my best to give accurate info to people. 

and technically you are also correct   (General Comment) we are all here as a family going through similar situations. We share our knowledge and experiences for the betterment of the community. Sometimes we will get things wrong/right but most importantly we will learn from those moments.  As @TBoneTX would say let's all keep respectful even when we disagree and display the level of civility that creates/fosters an atmosphere for continuous sharing of information that will be beneficial to members of the VJ. 

10 hours ago, MsVi2 said:

As someone who is working VERY closely with the waiver process and inadmissibilities, I can tell you that overstaying will not cause a denial and if I'm not mistaken you don't need to even file a waiver for illegal presence due to an overstay, specially because you filed VAWA.  Being a vawa self petitioner does grant certain exemptions, as well as changing the requirements needed to prove hardship on Waivers. 

 

Do not do the 485 process alone though, hire an attorney who is experienced with waivers because they will know whether you need to file a waiver or not, and if you do, you want someone who is experienced writing and submitting them. 

5

As I mentioned above both @Pinkrlion and @Goyo are technically correct. This is one of those unique situations. In 2000 the INA was amended and some VAWA friendly language (though not clear) was added. In 2008 USCIS conducted a review and sent a memo which outlined a new interpretation of the amendment with respect to individuals that were not admitted or paroled at a port of entry in the US. In that interpretation, USCIS determined that "inspection and admission or parole” requirement does not apply to an alien who is seeking adjustment of status as an approved VAWA self-petitioner. " An April 11, 2008, USCIS guidance provides that "the Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner will not be determined to be ineligible for adjustment of status where he or she entered the United States without inspection and admission or parole. In addition, the VAWA self-petitioner will not need to show that his or her illegal entry into the United States had a substantial connection to the domestic violence, battery or extreme cruelty." Based on the foregoing and as outline in USCIS memo USCIS "interprets the introductory text in section 245(a) of the Act as effectively waiving inadmissibility under section 212(a)(6)(A)(i) (present without inspection) of the Act for any alien who is the beneficiary of an approved VAWA self-petition."

 

When a statute is written often times the language is ambiguous, so USCIS through its team of lawyers will seek to interpret what the law means and will distribute a memo to field offices and service centers with an interpretation and guidance on how officers should proceed in dealing with particular situations. However, as we have seen with the new interpretation on persons seeking asylums and what can make a person eligible, an interpretation can change and has changed, persons have had their AOS denied due to some officers being unaware of the interpretation and they are accustomed to an automatic bar being applied once you entered without inspection. Those persons would have to file an I290B (Motion to reopen or reconsider). With this current administration, there could be a new interpretation that if you entered without inspection there are no exemptions since the statute does not explicitly state it. This is where hiring a qualified and competent immigration attorney will come in helpful in navigating this tedious process. 

@MariFD In essence, though based on the 2008 memo interpretation the statute you should not face any issues with your AOS (unless of course, they have changed the interpretation) I concur however with @pinkrlion and @MsVi2 I would suggest retaining an attorney. I have attached that 2008 memo for your review if needed. 

VAWAFactSheet042208.pdf

Edited June 30, 2018 by Military

[MsVi2 50]

@Military  My reply was before I read that there was an "illegal" entry, if you entered without being inspected at a port of entry then you will need a waiver for sure.  It's when you entered legally but overstayed and never left the US when the requirement of a waiver becomes ambiguous, I have known people who did not need a waiver when filing AOS if their unlawful presence occured after overstaying their allotted time and never left the US.  

But we can all agree, that consulting an attorney is a must, for sure!

Edited June 30, 2018 by MsVi2

[Valerie899 80]

6 hours ago, Goyo said:

 The problem is when you entered illegally and then departed and reentered again because that means you broke the law two times. Besides, Vawa was created to allow undocumented immigrants to self petition. Vawa petioners are exemp from many things that would make them inadmissible. The question will be if you need to file a 601 waiver. Ask @sandranj to help you out. She is very helpful. 

 lol this stuff is so confusing.. i mean im afraid i would get the aos denied in the sence that if my vawa gets approved, and they look at what i filled in the aos would be an issue, because i read that if you filled the i-485 wrong, plus what your status is before filling, that can be an issue. Thanks for the response by the way, in clarifying things.