VAWA, Part 25

[Pinkrlion 2,612]

4 hours ago, Section12 said:

What way is for speeding up for security check . How long does take security check and background check? What is different background and security check ? 

Security Check is when they look at criminal history, CIMT issues, etc.   with a name check and fingerprint check.  

 

Background check is more intense check.  They are looking at all of your information from the time you entered the US.  Where you lived, worked, traveled, everything.  They are checking all the information that you put on petition, and in your affidavits.

[melissa.w 12]

Hello friends,

Uscis is asking my medicals.

I did first dose of the Covid vaccine today. Do I have to wait until the second dose is done or drop of the medicals? Or should I write explanation letter with the reasons of  not having vaccine until now? Thank you! 

[Ballerina 91]

Have officially hit the 24 month mark since I applied. 3 PFs thus far. No RFE. 

 

Hopefully, I will get approved in the next few months. 

[pindiboy 9]

10 hours ago, melissa.w said:

Hello friends,

Uscis is asking my medicals.

I did first dose of the Covid vaccine today. Do I have to wait until the second dose is done or drop of the medicals? Or should I write explanation letter with the reasons of  not having vaccine until now? Thank you! 

HI.when was your VAWA approved??

 

[God is a good God 238]

Is it faster to get green card in court or at USCIS?

i am in immigration proceedings and filed i485 with court while my vawa was pending. received my C31 card two weeks ago and waiting for the vawa approval letter now. What’s better? pursuing my i485 in court ou terminate the proceedings and get my green card with USCIS?

 

Also I don’t want to get vaccinated, I don’t believe in vaccines, what should I do?

[Demise 1,139]

2 hours ago, God is a good God said:

Is it faster to get green card in court or at USCIS?

i am in immigration proceedings and filed i485 with court while my vawa was pending. received my C31 card two weeks ago and waiting for the vawa approval letter now. What’s better? pursuing my i485 in court ou terminate the proceedings and get my green card with USCIS?

 

Also I don’t want to get vaccinated, I don’t believe in vaccines, what should I do?

Honestly right now with how the backlogs are looking court will probably be faster. Have your lawyer file a "Motion to advance or in alternative motion to continue, for an individual hearing" on the basis that your I-360 was approved and your case is ready for an individual hearing and they should reschedule you for an individual hearing.

Regarding vaccinations, I would just tell you to bite the bullet and get your shots. If you are completely morally or religiously opposed to vaccines then you will need to file an I-601 seeking a waiver from the vaccine requirement with evidence that your religion doesn't vaccinate or that you're opposed to vaccines and have been so for most of your life and aren't just playing into covid denialist hands.

Edited March 17, 2022 by Demise

[Aarontx90 60]

Hello Fam, I hope everyone is well.

finally some good news my I-765 and 131 was approved on 11 th march and card received 16 March.

it is a combo card valid for 2 years.

would be okay to travel using this card?

[balo101 654]

1 minute ago, Aarontx90 said:

Hello Fam, I hope everyone is well.

finally some good news my I-765 and 131 was approved on 11 th march and card received 16 March.

it is a combo card valid for 2 years.

would be okay to travel using this card?

Congratulations. 

 

Yes as long as you do not have any criminal history or you are not in removal proceedings. 

 

[jamaica fineness 104]

3 minutes ago, Aarontx90 said:

Hello Fam, I hope everyone is well.

finally some good news my I-765 and 131 was approved on 11 th march and card received 16 March.

it is a combo card valid for 2 years.

would be okay to travel using this card?

Yes it is ok to travel on it & congratulations 🎈🍾🎉🎊 🙌😎

[Aarontx90 60]

5 minutes ago, balo101 said:

Congratulations. 

 

Yes as long as you do not have any criminal history or you are not in removal proceedings. 

 

As far as I know, i am not in removal proceeding l, never had any criminal history either. 

Is there any way to check, if one is in removal procedure?

5 minutes ago, jamaica fineness said:

Yes it is ok to travel on it & congratulations 🎈🍾🎉🎊 🙌😎

Thank you. It’s been six years

[balo101 654]

1 minute ago, Aarontx90 said:

As far as I know, i am not in removal proceeding l, never had any criminal history either. 

Is there any way to check, if one is in removal procedure?

Thank you. It’s been six years

I think @Demise can tell you more about that.

 

As far i know. You can check by dialing this number 1-800-898-7180 and entering your A#.

I think you should be fine if you never filled Asylum or do not have case pending with court.

[Demise 1,139]

2 minutes ago, balo101 said:

I think @Demise can tell you more about that.

 

As far i know. You can check by dialing this number 1-800-898-7180 and entering your A#.

I think you should be fine if you never filled Asylum or do not have case pending with court.

Yeah that or type it in at https://acis.eoir.justice.gov/en/ if nothing pops up then you're likely not in removal proceedings. If you really want to play it safe do a FOIA request and see if anything comes up.

[peacefulFor 34]

18 hours ago, Makanaki said:

That’s the thing Balo, the I360 is yet to be updated as approved. My daughter however who is a derivative under my I360 has been issued her GC under category IB8. So technically the I360 is approved right?

 

@sandranj @Stillwinning!!!😊 have you ever seen this type of case before?

 

FYI, yes I’ve written them a letter personally, yes I’ve reached out to my congress man (yet to get a response from that angle)

This is really unusual. Make sure to clear that with USCIS. Your daughter might have problems in the future considering she got her GC even before your I-360 got approved. I have seen cases that clearly it was USCIS mistake that they issued the GC before the petition got approved and they were denied citizenship on the basis of they were not eligible of GC at the time they were issued. Check this with your lawyer and also if you go for your interview as well and clear that situation. If possible ask for a GC that has been issued the same time your GC arrives. My daughter has an IB8 too, her I-485 was processed faster than mine (interview even before my 360 approval). I cleared that with the IO that her I-485 is based of my I-360 and not be confused with the approved I-130 from my ex-husband. So they hold her I-485 and we were issued GC at the same time.

[balo101 654]

6 minutes ago, Demise said:

Yeah that or type it in at https://acis.eoir.justice.gov/en/ if nothing pops up then you're likely not in removal proceedings. If you really want to play it safe do a FOIA request and see if anything comes up.

Thank you.

 

Do you know what is the difference between removal proceedings and administratively closed? How that could effect someone?

 

 

[Demise 1,139]

17 minutes ago, balo101 said:

Thank you.

 

Do you know what is the difference between removal proceedings and administratively closed? How that could effect someone?

 

 

Administrative closure is a state that removal proceedings can end up in. Basically the case is still ongoing, the jurisdiction for I-485 rests with the immigration judge, but there's no future hearings scheduled, and the case just kinda exists with no action being taken. You or ICE can move this case back onto the active docket by filing a motion to recalendar. This is not discretionary (unlike lets say a motion to reopen), someone files a motion to recalendar for an admin closed case the court has to move it back to active docket.

 

Basically:

Not in proceedings - File I-485 with USCIS

In active removal proceedings - File I-485 with the court, or seek a termination and file with USCIS

In administratively closed removal proceedings - File a motion to recalendar with the court, and then file I-485 with the court, or seek a termination and file with USCIS

Final removal order - File a motion to reopen with the immigration court, if granted file I-485 with court or seek a termination and file I-485 with USCIS

Proceedings terminated - File I-485 with USCIS

Edited March 17, 2022 by Demise