VAWA, Part 11

[Florecita_Bella 16]

1 hour ago, lokoloko said:

Am not sure the amount she's charging currently. I paid close $800 two years ago for the evaluation. Yes she speaks Spanish. The evaluation is about ten pages. It over a month. It depends how busy she is 

The total process in the site that I recommend takes two months and the evaluation must be sent before 25 days ....

Thanks anyway, if anyone knows of any other site please?

[Villanelle 4,121]

1 hour ago, Jazminjuju1980 said:

@Damara I did not use an attorney, I had no money. I could not find one that did pro bono with experienced with VAWA. 

 

My Us Citizen son is going to be 21 in 9 months. 

 

I don't know if I should appeal the denial,  redo VAWA or just wait for my son to be 21 so he can petition for me. 

 

I feel so overwhelmed and my mental health is not doing so well. 

What county and state do you live in? I can try to find probono services in your area.

 

Also wait for Sandra to respond. When you are sent to court it becomes more complicated. There are rules about refiling when you are in court. Hopefully Sandra can review your options and help you decide whats the best course of action.

 

Heres some info from immigration sites

---

 

If you are sent to removal proceedings based on the denial of your VAWA-based petition or application but you at least successfully showed that you were actually abused by your U.S. citizen or permanent resident spouse (then were denied for a different reason), you might want to ask the Immigration and Customs Enforcement (ICE) attorney about a remedy known as prosecutorial discretion.

This means ICE could decide to dismiss your removal case and allow you to stay in the U.S. (though without a green card or similar status). In June 2011, ICE issued a memo stating that it is “against [its] policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” While a grant of prosecutorial discretion is not guaranteed, it can be of some comfort to know there is a chance to apply for additional relief if you find yourself in this situation.

 

--

If your VAWA self petition was denied, the denial letter you receive will inform you as to how to appeal this decision.

You will likely have to file a Notice of Appeal and a fee with the VSC within 30 days of receiving the denial. After processing of the fee and the form, the appeal will be referred to the USCIS Administrative Appeals Office (AAO).

You may also file a motion to reopen or motion to reconsider if you received unfavorable decision in your case.

Whether you can refile will depend on the basis for the denial. If the I-360 was denied for lack of evidence, then USCIS would probably accept a new I-360.

If VAWA was denied for lack of standing, then they likely would not accept a new I-360, and they would instruct you that your only recourse is to appeal the previous denial.

For example, a lack of evidence would be if they were not convinced by the evidence presented that you had been subjected to extreme cruelty and abuse.

An example of lack of standing would be if you had filed the I-360 more than two years after divorcing the accused abusive spouse, and were statutorily ineligible to file under VAWA.

In either case, you could file an appeal within 30 days of the denial. Appeals are usually denied unless you can either prove the denial was clearly in error, or you can provide new evidence that would have changed the outcome if the evidence had been submitted before the decision.

 

[staypositive 51]

Hey guys, I have a question. Are threats of physical violence (in person and through messages) considered battery or psychological abuse?

[iwillsurvive 254]

2 minutes ago, staypositive said:

Hey guys, I have a question. Are threats of physical violence (in person and through messages) considered battery or psychological abuse?

Threats are verbal/mental abuse as a means to instill fear in someone or as a means to gain control over someone. 

 

If physical actions follow the threat, it is physical abuse. 

[Florecita_Bella 16]

1 hour ago, Jazminjuju1980 said:

@Damara I did not use an attorney, I had no money. I could not find one that did pro bono with experienced with VAWA. 

 

My Us Citizen son is going to be 21 in 9 months. 

 

I don't know if I should appeal the denial,  redo VAWA or just wait for my son to be 21 so he can petition for me. 

 

I feel so overwhelmed and my mental health is not doing so well. 

Please join us in praying for Jazminjuju1980 so that everything goes well in the name of God!

[Tony1912 5]

My i-360 was approved 11 days ago (checked online), but still no approval letter. Is that normal?

[Hanna Bui 32]

25 minutes ago, Florecita_Bella said:

Please join us in praying for Jazminjuju1980 so that everything goes well in the name of God!

We are praying for Jazminjuju1980 so that everything goes well in the name of God!

[Jazminjuju1980 1]

1 hour ago, Damara said:

What county and state do you live in? I can try to find probono services in your area.

 

Also wait for Sandra to respond. When you are sent to court it becomes more complicated. There are rules about refiling when you are in court. Hopefully Sandra can review your options and help you decide whats the best course of action.

 

Heres some info from immigration sites

---

 

If you are sent to removal proceedings based on the denial of your VAWA-based petition or application but you at least successfully showed that you were actually abused by your U.S. citizen or permanent resident spouse (then were denied for a different reason), you might want to ask the Immigration and Customs Enforcement (ICE) attorney about a remedy known as prosecutorial discretion.

This means ICE could decide to dismiss your removal case and allow you to stay in the U.S. (though without a green card or similar status). In June 2011, ICE issued a memo stating that it is “against [its] policy to initiate removal proceedings against an individual known to be the immediate victim or witness to a crime.” While a grant of prosecutorial discretion is not guaranteed, it can be of some comfort to know there is a chance to apply for additional relief if you find yourself in this situation.

 

--

If your VAWA self petition was denied, the denial letter you receive will inform you as to how to appeal this decision.

You will likely have to file a Notice of Appeal and a fee with the VSC within 30 days of receiving the denial. After processing of the fee and the form, the appeal will be referred to the USCIS Administrative Appeals Office (AAO).

You may also file a motion to reopen or motion to reconsider if you received unfavorable decision in your case.

Whether you can refile will depend on the basis for the denial. If the I-360 was denied for lack of evidence, then USCIS would probably accept a new I-360.

If VAWA was denied for lack of standing, then they likely would not accept a new I-360, and they would instruct you that your only recourse is to appeal the previous denial.

For example, a lack of evidence would be if they were not convinced by the evidence presented that you had been subjected to extreme cruelty and abuse.

An example of lack of standing would be if you had filed the I-360 more than two years after divorcing the accused abusive spouse, and were statutorily ineligible to file under VAWA.

In either case, you could file an appeal within 30 days of the denial. Appeals are usually denied unless you can either prove the denial was clearly in error, or you can provide new evidence that would have changed the outcome if the evidence had been submitted before the decision.

 

Taliaferro county, a small small county. 

[Jazminjuju1980 1]

37 minutes ago, Florecita_Bella said:

Please join us in praying for Jazminjuju1980 so that everything goes well in the name of God!

Thank you! I fear going back to my country with all the violence. I HOPE GOD WILL HELP EVERYONE OF US!

[Goyo 68]

My Vawa got approved today. As I repeatedly stated here “just be patient”

Timeline:

March 28, 2017: USCIS received my I360

I wrote a 4 pages affidavit

2 affidavits one from my mother another one from a friend they were like 4 pages each.

I included photos, life insurance, car insurance, apartment lease. 1 police report, letter from  a domestic violence counselor 1 page, I went to see a doctor for depression and I was prescribed two medications, Criminal record and 2 certificates of good conduct from two different cities.  I didn’t lie to USCIS and I sent a letter from my previous employer that I had worked for 9 years without work permit. My employer stated in his letter my good moral and excellent character.

 

March 15, 2018: I sent I485 and I765 and got my work permit July 26 2018.

 

I didn’t receive any RFE and I filled myself.

 

Today, I got a msg stating that there was an update on my case and that  it was approved and I should be receiving my approval letter in the mail. 

 

Edited August 9, 2018 by Goyo

[Jesus4ever 12]

18 minutes ago, Goyo said:

My Vawa got approved today. As I repeatedly stated here “just be patient”

Timeline:

March 28: USCIS received my I360

I wrote a 4 pages affidavit

2 affidavits one from my mother another one from a friend they were like 4 pages each.

I included photos, life insurance, car insurance, apartment lease. 1 police report, letter from  a domestic violence counselor, I went to see a doctor for depression and I was prescribed two medications, Criminal record and 2 certificates of good conduct from two different cities.  I didn’t lie to USCIS and I sent a letter from my previous employer that I had worked for 9 years without work permit. My employer stated in his letter my good moral and excellent character.

 

March 15, 2018, I sent I485 and I765 and got my work permit July 26 2018.

 

I didn’t receive any RFE and I filled myself.

 

Today, I got a msg stating that there was an update on my case and that  it was approved and I should be receiving my approval letter in the mail. 

 

Congratulations Goyo!!!!!!!

[Florecita_Bella 16]

Can someone please recommend a place to conduct psychological evaluations for Vawa cases in South Florida?

[Goyo 68]

45 minutes ago, Jesus4ever said:

Congratulations Goyo!!!!!!!

Thank you all😇

Edited August 9, 2018 by Goyo

[FeDaniela 673]

God bless all

 

After reading all the post about physiological therapy evaluation report much needed for Vawa cases even thou i have a police report and order of protection sent already in my case and I already received  Prima Facie letter, I did my search and find a counseling placer here in NYC they specialized on Immigration physiological evaluations Report for Vawa, Asylum, hardship, etc they are on the pricey side $1,400 (all sections included) but the Physiologist i spoke to,  told me that their evaluations report are minimum 12 pages to 15 pages, they detail everything on the report. My questions is How can i submit this physiological Report once i finish to USCIS ?? Do I need to wait for them to send me RFE or I can write a letter stating is a new evidence along with a copy of my receipt, or just wait until they ask more evidence.. Please advice me.

Edited August 9, 2018 by FeDaniela

[Florecita_Bella 16]

Hello Sandra,
Please help me with this situation:
1. One (1) month after my package was sent (filed) USCIS issued an RFE request for good moral character. I already have everything necessary to answer said RFE.
2. Initially my first lawyer sent a 2-page psychological evaluation with my I-360, so I requested a letter from my new therapist, which I attended for 15 sections, but she also gave me another letter of two (2 ) pages.
3. The centers that I have called in the south of florida tell me that they take a month to deliver the new letter (psychological evaluation "DETAILED") and my time limit to respond to the RFE of good moral character is 3 weeks .
My intention was to send everything together.
What do you suggest me to do?
Someone told me that some psychotherapists perform that kind of detailed evaluation Online, what do you think about it?
iwillsurvive and the other collaborators please comment on this, your comments are appreciated ...
Thank you….