VAWA, Part 22

[StanSmith 57]

Hey guys so what do I need to say to that annoying robot when you call uscis hot line to get connected to representative? Thank you!

Edited June 2, 2021 by StanSmith

[balo101 654]

2 hours ago, StanSmith said:

Hey guys so what do I need to say to that annoying robot when you call uscis hot line to get connected to representative? Thank you!

just say technical issues. 

[balo101 654]

12 hours ago, Chei-360 said:

c09 renewal.

 

hello everyone,

I was waiting for update since February after receiving medical notice. But I think its time to renew my EAD as it expires in July. Still praying for miracle for my I485 😟

 

I have few questions:

1. I know about competing the 1765 renewal form with attached pending i485 receipt, like  I did did last time.

do i need to submit approved i360 or any  other document?

No you do not have to.

2. is this renewal still free since my i 485 is still pending?

Yes it you have paid for i-485.

3. Where do I send the renewal too, Vermont, NBC or my local off(per congressman who inquired, they were advised in Vermont that they no longer have jurisdiction and it has been transferred to my local center (Newark)

Vermont. I send mine few months there. 

 

Lastly: how is everyone holding up with the delays, I am almost going back in depression, I cant do anything without thinking about it. A lot of life plans but had to wait till GC.

Just hang in there. you almost there. Your hard work about to pay off. 

 

I appreciate all your input. Thanks in advance.

 

Edited June 2, 2021 by balo101
.

[Rosa Garcia 59]

Hello. I was thinking maybe somebody with IT skills could create an I-360 timeline spreadsheet so we could put dates of sending it, dates of RFEs, responding to it, dates of PF, approvals etc? I saw in other forums they have them and ppl found them very helpful.. 

 

[Demise 1,139]

15 hours ago, Chei-360 said:

c09 renewal.

 

hello everyone,

I was waiting for update since February after receiving medical notice. But I think its time to renew my EAD as it expires in July. Still praying for miracle for my I485 😟

 

I have few questions:

1. I know about competing the 1765 renewal form with attached pending i485 receipt, like  I did did last time.

do i need to submit approved i360 or any  other document?

2. is this renewal still free since my i 485 is still pending?

3. Where do I send the renewal too, Vermont, NBC or my local off(per congressman who inquired, they were advised in Vermont that they no longer have jurisdiction and it has been transferred to my local center (Newark)

 

Lastly: how is everyone holding up with the delays, I am almost going back in depression, I cant do anything without thinking about it. A lot of life plans but had to wait till GC.

 

I appreciate all your input. Thanks in advance.

1. Just submit the form I-765, I-131 if you want travel authorization, I-485 receipt, and copy front and back of the previous EAD. You do not have to submit I-360 approval notice.

2. Depends. If you paid for the I-485 - yes, if you got a fee waiver for the I-485 - you either have to pay the filing fee or attach another I-912 and supporting documents seeking a fee waiver.

3. You file with Vermont. The I-485 being moved to local office only moved the jurisdiction over the I-485 to the local office. The jurisdiction for any I-765 and I-131 forms remains with Vermont.

[Demise 1,139]

7 hours ago, macaroni24 said:

Hi VJ members,

 

VAWA approved Green card on April this year

Married on May 2021.I am planning to file green card petition for my spouse.But spouse is F1 overstay(I-94 says as D/S-duration of status).When I had contacted attorney, attorney replied as "Since you are an LPR, if your Spouse is no longer in valid F-1 status or any other status, she will not qualify for adjustment of status.  You’ll have to do a petition, waiver, and consular processing." But as of my knowledge-- "overstaying his/her F-1 status, he never incurred any unlawful presence due to the “Duration of Status” clause implied on his F-1 entry, and the DHS, immigration judge, or the BIA never made any formal finding of a status violation on his part. My spouse does not have to subject to the unlawful presence bar and any of the inadmissibility statutes on INA § 212(a) " - no unlawful presence considered on this situation

 

and please help me with advice - if waiver and consular is required --please help me with timeframe

 

@Stillwinning!!!😊@sandranjand other VJ members

 

 

Huh shoot, this is actually right. The interesting thing is as follows: USCIS did post a new policy back in 2018 effective around that time that made it so non-immigrants admitted for "duration of status" (D/S) who overstayed would start accruing unlawful presence as of the date of their overstay or the effective date of the memo, whichever is later. The was a court case in the Middle District of North Carolina (Guilford College et al v. Nielsen et al.), which resulted in a permanent injunction.

 

So yes, non-immigrants admitted for D/S, do not accrue unlawful presence for an overstay.

 

Since your spouse is an overstay and in one of the categories where an overstay is a bar to adjustment, they're going to have to do consular processing, but there's no unlawful presence or inadmissibility reasons meaning no waiver required.

 

https://www.nafsa.org/professional-resources/browse-by-interest/accrual-unlawful-presence-and-f-j-and-m-nonimmigrants

Edited June 2, 2021 by Demise

[Pinkrlion 2,616]

8 hours ago, macaroni24 said:

Hi VJ members,

 

VAWA approved Green card on April this year

Married on May 2021.I am planning to file green card petition for my spouse.But spouse is F1 overstay(I-94 says as D/S-duration of status).When I had contacted attorney, attorney replied as "Since you are an LPR, if your Spouse is no longer in valid F-1 status or any other status, she will not qualify for adjustment of status.  You’ll have to do a petition, waiver, and consular processing." But as of my knowledge-- "overstaying his/her F-1 status, he never incurred any unlawful presence due to the “Duration of Status” clause implied on his F-1 entry, and the DHS, immigration judge, or the BIA never made any formal finding of a status violation on his part. My spouse does not have to subject to the unlawful presence bar and any of the inadmissibility statutes on INA § 212(a) " - no unlawful presence considered on this situation

 

and please help me with advice - if waiver and consular is required --please help me with timeframe

 

@Stillwinning!!!😊@sandranjand other VJ members

 

 

A LPR spouse can only do counsular processing.  They cannot adjust in the US.  There is no forgiveness for overstay for a LPR spouse.  Also, a LPR you cannot apply for a spouse for 5 years, after divorce and green card obtained through a US Citizen spouse (VAWA falls into this category).   After three years you can apply for citizenship and then you can apply and it will be quicker.  

Edited June 2, 2021 by Pinkrlion

[Pinkrlion 2,616]

5 hours ago, StanSmith said:

Hey guys so what do I need to say to that annoying robot when you call uscis hot line to get connected to representative? Thank you!

You cannot discuss your case with a USCIS representative as you are considered a protected status case. They will not tell you anything over the phone.  You are wasting your time calling.  

[Demise 1,139]

5 minutes ago, Pinkrlion said:

A LPR spouse can only do counsular processing.  They cannot adjust in the US.  There is no forgiveness for overstay for a LPR spouse.  Also, a LPR you cannot apply for a spouse for 5 years, after divorce and green card obtained through a US Cistizen spouse.   After three years you can apply for citizenship and then you can apply and it will be quicker.  

That can be overcome by basically proving by "clear and convincing evidence" that the prior marriage wasn't entered just to get around the immigration laws. Bit of a harder standard of evidence than most I-130 and I-360 VAWA cases but nothing insurmountable. That's the standard I had to work under due to being in removal proceedings previously and I got through it for both I-130 and an I-360.

Edited June 2, 2021 by Demise

[StanSmith 57]

56 minutes ago, Pinkrlion said:

You cannot discuss your case with a USCIS representative as you are considered a protected status case. They will not tell you anything over the phone.  You are wasting your time calling.  

They actually did but ty for answer🤗

[lolaB998 128]

33 minutes ago, StanSmith said:

They actually did but ty for answer🤗

In my experience they sometimes do and sometimes not. They typically answered questions about the work permit but never about the VAWA petition or adjustment of status

[Chei-360 48]

On 5/14/2021 at 4:27 PM, HolaBola31 said:

 

 

11 hours ago, balo101 said:

@balo101 Thank for your response and encouragement, means alot.

 

11 hours ago, balo101 said:

 

 

[Chei-360 48]

8 hours ago, Demise said:

1. Just submit the form I-765, I-131 if you want travel authorization, I-485 receipt, and copy front and back of the previous EAD. You do not have to submit I-360 approval notice.

2. Depends. If you paid for the I-485 - yes, if you got a fee waiver for the I-485 - you either have to pay the filing fee or attach another I-912 and supporting documents seeking a fee waiver.

3. You file with Vermont. The I-485 being moved to local office only moved the jurisdiction over the I-485 to the local office. The jurisdiction for any I-765 and I-131 forms remains with Vermont.

Thank you🙏

[Chei-360 48]

Sorry to bother you all again.

 

What would be current immigration status for ead renewal form?

I came in as F1 but overstayed, VAWA is approved.

I use to put F- in my previous submissions.

 

Please advise.

Thank you.

 

[Deserteagle 158]

5 minutes ago, Chei-360 said:

Sorry to bother you all again.

 

What would be current immigration status for ead renewal form?

I came in as F1 but overstayed, VAWA is approved.

I use to put F- in my previous submissions.

 

Please advise.

Thank you.

 

If your I-485 is still pending . You can put PENDING ADJUSTMENT OF STATUS . That’s what I’ve always put from day one