VAWA, Part 12

[Charlotte18 13]

8 hours ago, Mnmnm said:

Hi guys. I need help please 

 

my VAWA was approved but I - 485 denied due to abandonment. Letter says I have 30 days to leave country. Can I apply for new I-485 based on approved VAWA? 

 

 

Hi @Mnmnm

 

I got the same denial letter. So my attorney sent a letter immediately to National Benefits Center alerting them of my pending VAWA case at the Vermont Service Center. She included a copy of my I-360 reciept and Prima Facie Determination. She asked them to refrain from issuing a Notice to Appear as VSC adjudicates this matter. I filed new I-485 with a fee of 1,225 usd as they denied my fee waiver. 

 

Hope this helps.

Edited February 18, 2019 by Charlotte18

[FridayGirl@69 318]

3 minutes ago, Charlotte18 said:

Hi @Mnmnm

 

I got the same denial letter. So my attorney sent a letter immediately to National Benefits Center alerting them of my pending VAWA case at the Vermont Service Center. She included a copy of my I-360 reciept and Prima Facie Determination. She asked them to refrain from issuing a Notice to Appear as VSC adjudicates this matter. I filed new I-485 with a fee of 1,225 usd as they denied my fee waiver. 

 

Hope this helps.

Not sure if this helps BUT when I apply I submitted the copy of my previous Packet so I alert the System that I had 1 pending but I never went to the interview instead I filed for VAWA. This is something the lawyer should had done with the VAWA Packet.

[Trizzle 194]

9 hours ago, Gogetter18 said:

@Trizzle Big up Trizzle!!!!!! Getting there, next step a breeze, GC in hand

Thanks and I really hope it is a breeze for real. Everything has been going smooth so far.

[Jhn 14]

5 hours ago, Mnmnm said:

My visitor visa was valid then so I presented my passport like I usually do and they stamped me with visitoovisa and let me In

I think I understand your situation. It’s not your fault in part. Your valid reentry visa is sufficient so you don’t need AP For reentry. But you also shouldn’t have applied for AP since you have a valid visa. There’s no way CBP can stamp your AP now and backdate the stamp when you were never even paroled. What you should do now is to take infopass or walk-in to uscis with your lawyer and demand to see SUPERVISOR. This can be resolved I believe. God bless.

[Naperi 15]

15 hours ago, Mnmnm said:

I don’t have an attorney. It was filed by my ex spouse and it was kept on hold. I messaged Sandra already. Just waiting for her reply 

 

thank you tho 

File another 485 based on vawa,, 

[Mnmnm 11]

3 hours ago, Naperi said:

File another 485 based on vawa,, 

Thank you for your help 

 

im confused tho. When I asked them to put I-485 on hold until VAWA adjudication w/c they did, wouldn’t that automatically make my previous 485 based on VAWA? 

Edited February 18, 2019 by Mnmnm

[Kleenex12 107]

2 hours ago, Mnmnm said:

Thank you for your help 

 

im confused tho. When I asked them to put I-485 on hold until VAWA adjudication w/c they did, wouldn’t that automatically make my previous 485 based on VAWA? 

how many times have you filed for I-485?becuase from my understanding it seems you had filed twice already.My best advice for you now is to hire an experienced attorney!Look for money and do that it’s worth trying because experience attorney will know what to do. 

[Mnmnm 11]

1 minute ago, Kleenex12 said:

how many times have you filed for I-485?becuase from my understanding it seems you had filed twice already.My best advice for you now is to hire an experienced attorney!Look for money and do that it’s worth trying because experience attorney will know what to do. 

Thank you. I’m in the process of doing so, 

 

i applied for 485one only. With my spouse and I requested to put that on hold 

[Mnmnm 11]

Quick question please 

 

does a pending I360 or pending 485 make one out of status? 

[Ilo 105]

23 minutes ago, Mnmnm said:

Quick question please 

 

does a pending I360 or pending 485 make one out of status? 

Yes, one is out of status but authorized to stay until a final decision is made on the application.

You can still file another i-485 as soon as possible and write a letter to uscis not put you on removal.

[Ilo 105]

2 hours ago, Mnmnm said:

Thank you for your help 

 

im confused tho. When I asked them to put I-485 on hold until VAWA adjudication w/c they did, wouldn’t that automatically make my previous 485 based on VAWA? 

According to your story, your file was put on hold and merged with Vawa, from my understanding you got denied because you did not submit the requested evidence needed for approval. You can reopen the case within 30days if you have that particular document at hand, but if you don't have it, you have to refile again.

[xoxox 72]

15 hours ago, Mnmnm said:

I explained to USCIS that CBP will not stamp it because it was expired document (2016) and I explained it in my declaration. They denied it

 

 

I have suggestions for your case .

For my understanding about your story that USCIS already adjusted your 485 based on vawa approved when you used the pervious 485 and they denied For not respond RFE . let say new you filed New 485 , When you going to send New 485 you need to submit a copy for denial decision which you just got , Let Say they accept your new 485 later on they going to send you other RFE for the same thing and they might denied the new 485 too .

I think you need first to file waiver before anything then you can file new 485 .

That's just my opinion , Not sure .

 

[FeDaniela 673]

20 hours ago, Mnmnm said:

When I attended the interview they gave me 88 days to go to CBP office and get the parole stamped but CBP didn’t because it was expired document. I explained them my situation and the uscis sent me a denial.

 

thank you for your help 

When you reenter was with your visa this  issue an I-94 this is your prove of legally enter the country without needing the Advance parole,  Check the I-94 website https://i94.cbp.dhs.gov/I94/#/home imput your information.  YOUR I-94 document should be there, print it out and file motion to reopen your I485, with your I-94 document, Approved Vawa, and mentioned that you reenter with your Valid Visa not Advance Parole. 

Edited February 18, 2019 by FeDaniela

[Blunt 167]

25 minutes ago, FeDaniela said:

When you reenter was with your visa this  issue an I-94 this is your prove of legally enter the country without needing the Advance parole,  Check the I-94 website https://i94.cbp.dhs.gov/I94/#/home imput your information.  YOUR I-94 document should be there, print it out and file motion to reopen your I485, with your I-94 document, Approved Vawa, and mentioned that you reenter with your Valid Visa not Advance Parole. 

if the whole world can be unite like this forum..i think this world is gonna be a better place for everybody to live in..though we have some few people that dnt like giving important information that can be helpful but i think most people on this site are so unite..

[Mnmnm 11]

1 hour ago, xoxox said:

I have suggestions for your case .

For my understanding about your story that USCIS already adjusted your 485 based on vawa approved when you used the pervious 485 and they denied For not respond RFE . let say new you filed New 485 , When you going to send New 485 you need to submit a copy for denial decision which you just got , Let Say they accept your new 485 later on they going to send you other RFE for the same thing and they might denied the new 485 too .

I think you need first to file waiver before anything then you can file new 485 .

That's just my opinion , Not sure .

 

Thank you so much for your help 

uscis denied 485 because I can’t get my AP stamp from CBP and CBP is not gonna back date and stamp it. The abandonment was for the old 485. I wonder if I file a new one is it gonna affect it.