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58 minutes ago, Stillwinning!!!😊 said:

I always welcome every avenue for help! So yes you should contact your congressman to enquire on your behalf..(you can google the info) the only time it makes a difference been married to a USC or greencard holder is that with a USC you don't need to wait for a visa number to become available to file i485 and you can always apply for EAD C9 before adjudication of your i360 but with a greencard holder spouse you wait for a visa number to be available..👍

Thank you, i was married to a USC and i already had a scheduled interview and i just wanted to see what will happen now that why i asked, thank you for the information. So basically now i just have to wait and hopefully they will have an opening soon right ?  

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3 minutes ago, Apolo said:

Thank you, i was married to a USC and i already had a scheduled interview and i just wanted to see what will happen now that why i asked, thank you for the information. So basically now i just have to wait and hopefully they will have an opening soon right ?  

I know your mind is not at rest at this time..understandably so. You may wish to contact your congressman to find out the status/location of your i485..I believe this is your major worry for now..so get to it..call them yourself if you have to..sometimes you get lucky and get info..other times you're directed to write to Vermont. Get in touch with your congressman.👍

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GENERAL INFORMATION RELATING TO I485/I360 ADJUSTMENT OF STATUS!👍

 

A USCIS memo from 2002 reminds interviewing officers that the Form I-360 has already been approved when the VAWA adjustment applicant has their interview.  This means that it is not the job of the interviewer to ask questions about the abuse the applicant suffered.  USCIS has already decided the applicant qualifies for a visa (if the I-360 is approved before the interview).  Once that happens, the interviewing officer is deciding whether the applicant is eligible for permanent residence.  The officer is not deciding whether the applicant’s I-360 should have been approved.  (However, this USCIS memo does establish a procedure for the revocation of a VAWA approval if new information is learned at the interview which was not provided to USCIS when the I-360 was adjudicated.) 

This knowledge about the interview’s constraints should hopefully bring relief to VAWA applicants who are anxious about their interview.  Facing a stranger who holds your immigration fate in their hands, and fearing that you will be required to re-explain all the abuse you’ve suffered, would be terrifying.  Fortunately it is not the intention of USCIS for VAWA adjustment applicants to endure that hardship at the interview phase.

 

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35 minutes ago, Stillwinning!!!😊 said:

GENERAL INFORMATION RELATING TO I485/I360 ADJUSTMENT OF STATUS!👍

 

A USCIS memo from 2002 reminds interviewing officers that the Form I-360 has already been approved when the VAWA adjustment applicant has their interview.  This means that it is not the job of the interviewer to ask questions about the abuse the applicant suffered.  USCIS has already decided the applicant qualifies for a visa (if the I-360 is approved before the interview).  Once that happens, the interviewing officer is deciding whether the applicant is eligible for permanent residence.  The officer is not deciding whether the applicant’s I-360 should have been approved.  (However, this USCIS memo does establish a procedure for the revocation of a VAWA approval if new information is learned at the interview which was not provided to USCIS when the I-360 was adjudicated.) 

This knowledge about the interview’s constraints should hopefully bring relief to VAWA applicants who are anxious about their interview.  Facing a stranger who holds your immigration fate in their hands, and fearing that you will be required to re-explain all the abuse you’ve suffered, would be terrifying.  Fortunately it is not the intention of USCIS for VAWA adjustment applicants to endure that hardship at the interview phase.

 

Not many of the officers know this. We should just always pray that we get a nice friendly officer who understands VAWA

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1 hour ago, Stillwinning!!!😊 said:

GENERAL INFORMATION RELATING TO I485/I360 ADJUSTMENT OF STATUS!👍

 

A USCIS memo from 2002 reminds interviewing officers that the Form I-360 has already been approved when the VAWA adjustment applicant has their interview.  This means that it is not the job of the interviewer to ask questions about the abuse the applicant suffered.  USCIS has already decided the applicant qualifies for a visa (if the I-360 is approved before the interview).  Once that happens, the interviewing officer is deciding whether the applicant is eligible for permanent residence.  The officer is not deciding whether the applicant’s I-360 should have been approved.  (However, this USCIS memo does establish a procedure for the revocation of a VAWA approval if new information is learned at the interview which was not provided to USCIS when the I-360 was adjudicated.) 

This knowledge about the interview’s constraints should hopefully bring relief to VAWA applicants who are anxious about their interview.  Facing a stranger who holds your immigration fate in their hands, and fearing that you will be required to re-explain all the abuse you’ve suffered, would be terrifying.  Fortunately it is not the intention of USCIS for VAWA adjustment applicants to endure that hardship at the interview phase.

 

Yes, thanks for that. I didn’t know, so I left. I was afraid of unnecessary questions. But I did not know this before. thanks

 

PS...Although I have already told so many people about my situation that I am no longer afraid. God is the judge of everything

Edited by natalysmile
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Good day everyone. Its been a while I've been on this platform. Partly because I wanted to take my mind off everything. 

 

I have update though and some questions (will follow up with my question on another post)

 

We were called for interview 2 weeks ago based on my I-130/I-485. I must say that some IO are just totally clueless.

 

She kept on asking me for my green card and I kept on telling her I'm yet to receive. She then went on to say my case is done already and she doesn't need to interview me, rather my daughter whom she said she still cant interview for now 🤨. She never even bothered to ask of my estranged husband.

 

I asked for my I485 to be put on hold whilst awaiting adjudication of vawa. She literally said no she cant do that. I have a lawyer for my I130 but not I360 so he kept arguing with her that she can hold it. She didnt even want to take the receipt notice for my vawa and prima facie, saying that she does not have evidence of me filing for it in her file. The lawyer argued with her that she won't see it cos it's at vermont and they (vermont) will be requesting for my file from then instead.

 

At some point she took the documents to photocopy, only for her to come back still saying she cant hold the I485. I started explaining to her what I thought the confusion might be in terms of needing not to interview me but my daughter and the green card she assumed that I'm already in posession of (remember they gave me 6 years on my driver's license some months back with no limited written on it which got me confused as well)...I thought she wasnt listening to me cos she didnt raise up her head she was busy flipping back and forth through the file so I asked if she was still with me

 

Holly molly! That statement got her angry and she flipped at me saying I need to respect the office how dare I ask her that question 😏 my lawyer and I apologised and she said again she ain't holding the I485. I bursted out crying profusely 😥

 

She later asked us to go wait outside as she need to consult with her supervisor.

 

After a long wait she came back and said she will hold it and will interview my daughter when the vawa is adjudicated. 🤗

 

...good news it is but they've got our case all messed up

 

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My question though is based on my EAD

 

I filed for a renewal back in February and they sent the standard 180 days extension letter.

 

The EAD card itself expired in June and the 180 days extension is about to expire in January 

 

I refiled for a renewal in october. And they yet again sent the 180 days extension letter with no card. Which is no good for me

 

I called USCIS wanting to find out about the card, but to my surprise the operator I spoke to said "due to the sensitivity of my case, they cannot disclose any information " - Is this normal please?

 

What can I do to get a new EAD please

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1 hour ago, Makanaki said:

My question though is based on my EAD

 

I filed for a renewal back in February and they sent the standard 180 days extension letter.

 

The EAD card itself expired in June and the 180 days extension is about to expire in January 

 

I refiled for a renewal in october. And they yet again sent the 180 days extension letter with no card. Which is no good for me

 

I called USCIS wanting to find out about the card, but to my surprise the operator I spoke to said "due to the sensitivity of my case, they cannot disclose any information " - Is this normal please?

 

What can I do to get a new EAD please

I understand your frustration. But just as you were told by the operator, vawa is sensitive and they usually wouldn’t give information over the phone for the safety of the applicant. Imagine your abuser was able to call them pretending to be you, and requesting that the application be withdrawn. Do you get it?

As for your EAD, just hang in there, it’s coming. 

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Hello guys, 

 

I just received correspondence from my attorney today (12/05/2019) that I received a prima facie that lasts until November 2020. I also received a biometric appointment which was scheduled for 11/29/2019 but I missed the appointment because I guess my attorney didn’t get to the notice in time to communicate it to me. He told me I can go to a different city for the biometrics appointment tomorrow or on Monday which is closer to my home address because he “called.” I really don’t understand. And I didn’t know I’d be doing a biometrics, what’s that for guys? 🙈 My lawyer didn’t submit anything but the i360. I recently applied for the i485 and i765 for which I haven’t received any letters yet.

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21 hours ago, banana02 said:

Thank you so much everyone for the kind words!! It has been a rocky way of a single mother surviving in NYC..

But made me so much stronger!

 

My timeline:

3/2018 filed I-360, I-485 and I-765 (my lawyers mistakenly filed it under C31) for me and my son 

ONLY 3/2019 THANKS to this forum I found out that my lawyers had to file I-765 under C09 and this was the reason I was without EAC for SO long!

3/2019 they filed the new I-765 but made a lot of mistakes and it got back..

only 5/2019 the new forms were accepted

I received my EAC pretty fast after that in 8/2019

At the same time end of August we received request for additional evidences for my I-360

In the end of October we sent the documents back

today 12/5 I received this notification that the card was produced!!!!

----
HOWEVER there is something that worries me. My son's case also received request for additional evidences for some reason. He was not present with me at the time of abuse, BUT he is only 9 years old and is a minor. Should he not receive documents together with me?

Lawyers sent the documentation yesterday with my affidavit and few other affidavits to support. But it doesn't make sense to me. Why do they ask questions?

So his case is yet to be approved. Which is very weird.

 

Did you submit form l485 for your son?he is your derivative but if he is in the U.S  you must file form l485 for him as well.If you submitted the AOS for your son probably they are asking some document that your attorney didn’t submit but if your attorney didn’t file form l485 for your child then you should file now.

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16 hours ago, Makanaki said:

Good day everyone. Its been a while I've been on this platform. Partly because I wanted to take my mind off everything. 

 

I have update though and some questions (will follow up with my question on another post)

 

We were called for interview 2 weeks ago based on my I-130/I-485. I must say that some IO are just totally clueless.

 

She kept on asking me for my green card and I kept on telling her I'm yet to receive. She then went on to say my case is done already and she doesn't need to interview me, rather my daughter whom she said she still cant interview for now 🤨. She never even bothered to ask of my estranged husband.

 

I asked for my I485 to be put on hold whilst awaiting adjudication of vawa. She literally said no she cant do that. I have a lawyer for my I130 but not I360 so he kept arguing with her that she can hold it. She didnt even want to take the receipt notice for my vawa and prima facie, saying that she does not have evidence of me filing for it in her file. The lawyer argued with her that she won't see it cos it's at vermont and they (vermont) will be requesting for my file from then instead.

 

At some point she took the documents to photocopy, only for her to come back still saying she cant hold the I485. I started explaining to her what I thought the confusion might be in terms of needing not to interview me but my daughter and the green card she assumed that I'm already in posession of (remember they gave me 6 years on my driver's license some months back with no limited written on it which got me confused as well)...I thought she wasnt listening to me cos she didnt raise up her head she was busy flipping back and forth through the file so I asked if she was still with me

 

Holly molly! That statement got her angry and she flipped at me saying I need to respect the office how dare I ask her that question 😏 my lawyer and I apologised and she said again she ain't holding the I485. I bursted out crying profusely 😥

 

She later asked us to go wait outside as she need to consult with her supervisor.

 

After a long wait she came back and said she will hold it and will interview my daughter when the vawa is adjudicated. 🤗

 

...good news it is but they've got our case all messed up

 

This is disturbing, A USCIS officer don't even know your  interview was base on a I-485 she keep asking for your Green Card, and had no Clue about I-360 Receipt... This officer was clear a newbie, this is was very unprofessional.... My Officer knew everything he knew about holding I-485, adjudication of I-360, when we handle the I-360 receipt he verify in his system my case was in Vermont, the receipt was not on my file either they can verify everything. Officer did not handle your case professional.

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It’s been 4 months since my VAWA was approved and no transfer yet.. all I got was the approval and my work permit on c14 category. NBC sent me a RFE for birth certificate and still nothing. 
how much longer?

 

Im praying for all of us here to get approved this new year 🙏

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16 hours ago, Makanaki said:

My question though is based on my EAD

 

I filed for a renewal back in February and they sent the standard 180 days extension letter.

 

The EAD card itself expired in June and the 180 days extension is about to expire in January 

 

I refiled for a renewal in october. And they yet again sent the 180 days extension letter with no card. Which is no good for me

 

I called USCIS wanting to find out about the card, but to my surprise the operator I spoke to said "due to the sensitivity of my case, they cannot disclose any information " - Is this normal please?

 

What can I do to get a new EAD please

I have a questions why did you filed two renewals?? one on February 2019, and a second one on October 2019? your 180 days extension expires on January 2020, your February renewal is still pending even though is out of processing time, you should make the inquiry thru your congressperson, you can google your congressperson depending on your zip code, they will inquiry on your behalf... Also did you sent your renewal to Vermont Service Center? 

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1 hour ago, nap_o said:

It’s been 4 months since my VAWA was approved and no transfer yet.. all I got was the approval and my work permit on c14 category. NBC sent me a RFE for birth certificate and still nothing. 
how much longer?

 

Im praying for all of us here to get approved this new year 🙏

it will come soon :-) 

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