VAWA, Part 10

[Teacher063 0]

this is emergency,today i make info pass and  IO told me

my case was closed due to i miss the interview

 

i did not get any notice

 

What should i do?

 

should i re-file i485 again for saving the time?

someone  tell me to appeal but take so long, maybe 2 years

Hi very quick question

 

I miss my interview I did not get any notice

my lawyer say she did not get

[Roms2017 115]

3 hours ago, Teacher063 said:

this is emergency,today i make info pass and  IO told me

my case was closed due to i miss the interview

 

i did not get any notice

 

What should i do?

 

should i re-file i485 again for saving the time?

someone  tell me to appeal but take so long, maybe 2 years

Hi very quick question

 

I miss my interview I did not get any notice

my lawyer say she did not get

When u filed I 485, you normaly have a case number that you look it up online didn't you see the status about your date interview when it change to interview schedule?

[Florecita_Bella 16]

7 hours ago, staypositive said:

I think what this means is that after this date in September they will deny applications without an RFE if they lack initial evidence, like a form that a person was supposed to file with the package but didn't and it's incomplete. Cases filed before won't be affected. The rest stayed about the same. They would have told you already if you lacked initial evidence with an RFE a month or two after filing. The RFE's that come much later in the process are for additional evidence. At least that's how I understood this, please correct me if I am wrong. I am no expert in this at all, I am just trying to help.

One month after I sent my I-360, I received a request from RFE that I hope to be able to respond before September 11 (good moral character), which means that my case has not yet been reviewed (accepted for review, NOT PRIMA FACIE ), so we have to wait for a future RFE request during the review process in case of any inconsistency that can be found. My question is:
1. My case was sent to USCIS before September 11. If USCIS finds a future inconsistency after September 11, will they send me a new RFE request for an inconsistency found during the review process of my I-36 or would they deny my case without requesting an RFE?
Please collaborators, Sandra and other friends help me with this interpretation of this new law.
Thank you…

[lyn1234 4]

I filed VAWA on Dec 20, 2016. I have been getting prima facie renewed automatically and yesterday a received an email that a request for evidence was sent 😢 I am wondering what they are requesting for. This process is taking too long. 😳

[iwillsurvive 254]

2 hours ago, Florecita_Bella said:

One month after I sent my I-360, I received a request from RFE that I hope to be able to respond before September 11 (good moral character), which means that my case has not yet been reviewed (accepted for review, NOT PRIMA FACIE ), so we have to wait for a future RFE request during the review process in case of any inconsistency that can be found. My question is:
1. My case was sent to USCIS before September 11. If USCIS finds a future inconsistency after September 11, will they send me a new RFE request for an inconsistency found during the review process of my I-36 or would they deny my case without requesting an RFE?
Please collaborators, Sandra and other friends help me with this interpretation of this new law.
Thank you…

If you submitted the initial petition before September 11, they still have to send you an RFE if they are missing information. 

No need to worry if you have submitted I-360 already. 

[iwillsurvive 254]

7 hours ago, Teacher063 said:

this is emergency,today i make info pass and  IO told me

my case was closed due to i miss the interview

 

i did not get any notice

 

What should i do?

 

should i re-file i485 again for saving the time?

someone  tell me to appeal but take so long, maybe 2 years

Hi very quick question

 

I miss my interview I did not get any notice

my lawyer say she did not get

Your attorney should know what to do in this scenario. I am sure you can investigate when they sent the notice and they probably still have the tracking info for it saved. Have your attorney contact USCIS. 

[escape 91]

On 7/9/2018 at 8:21 AM, Mnmnm said:

Send them the one on the USCIS website. It says the form expires feb 2018 but I didn’t find anything later than that date so I just sent that one and they accepted it

Thank you for your help. I will send the renewal package next week, and will let everyone knows how it goes.

[Florecita_Bella 16]

1 hour ago, iwillsurvive said:

If you submitted the initial petition before September 11, they still have to send you an RFE if they are missing information. 

No need to worry if you have submitted I-360 already. 

Thanks iwillsurvive for your answer, please help me clarify my specific situation better.

My file was sent in May and one month later (June) USCIS sent me an application for RFE (good moral character), I will send the requested evidence approximately on August 20, which means that I will not have a PREMIUM FACIE before September 11, since USCIS takes approximately two (2) months to send the PRIMA FACIE after receiving the response to the requested RFE.

I ask:
1. Does USCIS consider a file as "RECEIVED" after it has been deposited with USCIS?
2. Does USCIS consider a file as "RECEIVED" even if the file has not been granted the Prima Facie?
3. Would the law apply to cases received after September 11 or to cases that, starting September 11, do not have Prima Facie?
Please, I beg all of you to help me clarify this ...
Thank you….

Edited July 14, 2018 by Florecita_Bella

[escape 91]

@Florecita_Bella I really think you will be fine. Just concentrate on answering the RFE the best way possible, and you shouldn't have issues.

 

The good point for your case, is that they already issued a RFE, so if you fulfill the RFE you should be good to go.

[Florecita_Bella 16]

22 minutes ago, escape said:

@Florecita_Bella I really think you will be fine. Just concentrate on answering the RFE the best way possible, and you shouldn't have issues.

 

The good point for your case, is that they already issued a RFE, so if you fulfill the RFE you should be good to go.

 

Thanks Escape for answering, but what happens is that my case has not yet been accepted for review, that is, I do not have Prima Facie, which means that the first RFE request that USCIS sent me one month after it was sent to me I-360 does not mean that you can not send me a second one, under the new rule, apparently the cases received after September 11 would not give you the opportunity to send you a request for new RFFE evidence.

That's why I ask:
1. Does USCIS consider a file as "RECEIVED" after it has been deposited with USCIS?
2. Does USCIS consider file "RECEIVED" even if the file has not been granted by the Prima Facie?

 

RFE:

“This notification is based upon a preliminary review of your petition. Pursuant to 8 CFR 204.2(c)(6), self-petitioners under VA WA who address all elements for eligibility are issued a Notice of Prima Facie Detennination. While a prima facie detennination may be based on as little as a statement, no evidence was found in your submission to support one or more elements that need to be established. Through this notification, you are invited to address the items notated below and to return this notice and any supporting evidence you wish to the Vennont Service Center. Please do not expect a full adjudication immediately upon your response. Additional deficiencies discovered upon adjudication will result in a request for evidence. During initial review the record did not contain sufficient evidence to establish prima facie eligibility.”

 

Please, I beg all of you to help me clarify this ...
Thank you….

[iwillsurvive 254]

33 minutes ago, Florecita_Bella said:

 

 

Thanks Escape for answering, but what happens is that my case has not yet been accepted for review, that is, I do not have Prima Facie, which means that the first RFE request that USCIS sent me one month after it was sent to me I-360 does not mean that you can not send me a second one, under the new rule, apparently the cases received after September 11 would not give you the opportunity to send you a request for new RFFE evidence.

That's why I ask:
1. Does USCIS consider a file as "RECEIVED" after it has been deposited with USCIS?
2. Does USCIS consider file "RECEIVED" even if the file has not been granted by the Prima Facie?

 

RFE:

“This notification is based upon a preliminary review of your petition. Pursuant to 8 CFR 204.2(c)(6), self-petitioners under VA WA who address all elements for eligibility are issued a Notice of Prima Facie Detennination. While a prima facie detennination may be based on as little as a statement, no evidence was found in your submission to support one or more elements that need to be established. Through this notification, you are invited to address the items notated below and to return this notice and any supporting evidence you wish to the Vennont Service Center. Please do not expect a full adjudication immediately upon your response. Additional deficiencies discovered upon adjudication will result in a request for evidence. During initial review the record did not contain sufficient evidence to establish prima facie eligibility.”

 

Please, I beg all of you to help me clarify this ...
Thank you….

You already submitted your petition. You are fine. The receipt date on your notice determines the date. Only first time petition submissions after 9/11 will fall under this rule. Nothing that is associated with a petition filed prior to that will fall under that rule. 

[Cindygodisgood1 57]

17 hours ago, Emsi said:

Thank you @Cindygodisgood1 ! How long has it been since the approval letter? I hope you get an update soon! Best of luck! 

It's been like 1 month I know I really hope this is over soon 

[iwillsurvive 254]

My timeline after I-360 approval so far:

 

18 May 2018: VAWA approved

31 May 2018: I-485 transferred to NBC

21 June 2018: update that my case has last been touched on this day (don’t know what for)

 

On day 44 now after the transfer to NBC.Waiting for it to get transferred to my local office. Not sure what the June 21st update means. It could be them checking my forms or it could be them transferring it to my local office without submitting a change of status in my online account.  

[PEANUTBUTTER28 13]

3 hours ago, Florecita_Bella said:

 

 

Thanks Escape for answering, but what happens is that my case has not yet been accepted for review, that is, I do not have Prima Facie, which means that the first RFE request that USCIS sent me one month after it was sent to me I-360 does not mean that you can not send me a second one, under the new rule, apparently the cases received after September 11 would not give you the opportunity to send you a request for new RFFE evidence.

That's why I ask:
1. Does USCIS consider a file as "RECEIVED" after it has been deposited with USCIS?
2. Does USCIS consider file "RECEIVED" even if the file has not been granted by the Prima Facie?

 

RFE:

“This notification is based upon a preliminary review of your petition. Pursuant to 8 CFR 204.2(c)(6), self-petitioners under VA WA who address all elements for eligibility are issued a Notice of Prima Facie Detennination. While a prima facie detennination may be based on as little as a statement, no evidence was found in your submission to support one or more elements that need to be established. Through this notification, you are invited to address the items notated below and to return this notice and any supporting evidence you wish to the Vennont Service Center. Please do not expect a full adjudication immediately upon your response. Additional deficiencies discovered upon adjudication will result in a request for evidence. During initial review the record did not contain sufficient evidence to establish prima facie eligibility.”

 

Please, I beg all of you to help me clarify this ...
Thank you….

Stop overthinking. You already submitted your petition. All you need to do and provide what they asked you from the RFE. Calm yourself and hope for the best.

[Cindygodisgood1 57]

8 hours ago, lyn1234 said:

I filed VAWA on Dec 20, 2016. I have been getting prima facie renewed automatically and yesterday a received an email that a request for evidence was sent 😢 I am wondering what they are requesting for. This process is taking too long. 😳

I filed in November 2016 I recieved a rfe in January 2018 the rfe was qualifying relationship and abuse and some dates that didnt match my lawyer responded in March 26th and in may 25th I recieved ead c31 my case was approved after she responded!! Have faith n patience will be ur bestfriend for a while !