VAWA, Part 25

[God is a good God 238]

Who had filed i-601 waiver in the past and won? Looking for guidance. Went to my green card interview and received a rfe asking to file i601 waiver because of misrepresentation on my ds-160 at the embassy. Entered the country as single instead of married as I was married back home. 
This was a mistake from a person who filed ds-160 for me and the person didn’t put his name as the préparer instead said that I did it by myself .

The i360 approved the application because they believed me as I told them it was an intentional mistake from the person who did the ds-160 for me. But my local office issued a RFE about the same thing after I-485 interview 

Edited August 28, 2022 by God is a good God

[Family 3,556]

1 hour ago, God is a good God said:

Who had filed i-601 waiver in the past and won? Looking for guidance. Went to my green card interview and received a rfe asking to file i601 waiver because of misrepresentation on my ds-160 at the embassy. Entered the country as single instead of married as I was married back home. 
This was a mistake from a person who filed ds-160 for me and the person didn’t put his name as the préparer instead said that I did it by myself .

The i360 approved the application because they believed me as I told them it was an intentional mistake from the person who did the ds-160 for me. But my local office issued a RFE about the same thing after I-485 interview 

Many have filed and won. Linking one I-601 that was initially denied, then appealed and granted on appeal. It’s very good reading to understand ALL of the arguments you need to make for hardship and what good evidence looks like. I hope your attorney gave you a good encouraging word or two..IF not accept 1000 from this thread. You GOT THIS.
 

Take a step back from distancing yourself from the finding or the “details “ of the misrep when you read through and focus on the hardship to yourself / country conditions and get letters of support from any community/friends. 

You can search in the AAO/ unprecedented decisions / waiver misrep/ and type in VAWA to bring up relevant decisions. 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2019/AUG192019_03H5212.pdf

[TBoneTX 43,433]

Sunday means that it's time for our Official Weekly VAWA-Thread Joke:

===========================

NO PROBLEM

 

Man:  Didn't I meet you in St. Louis?

Stranger:  No; I was never in St. Louis.

Man:  Neither was I -- it must have been two other fellows!

 

[Kly 36]

Thank to god.   Queen New york, vawa approved sept 2019,, I485 feb 2020,,, medical examination Agust 2022,,,3 week after they received it.  Agust 27 2022 new card is being produce, today approved.  God answer keep the faith.

 

Edited August 29, 2022 by Kly

[Varna 6]

Hi VAWA Family,

 

I am 25 months into this journey, USCIS processing time says 26 months. Can I do a senator enquiry right after I cross 26 months or should I wait longer? Because USCIS website has a thing called "get enquiry date" based on our receipt date, and as per USCIS I cannot enquire until May 2023, which is 32 months. I dont understand this calculation, but when can I ask my congressman to enquire?

I am really really tired of checking my app every single day for a decision  

[ax1990 29]

15 minutes ago, Kly said:

Thank to god.   Queen New york, vawa approved sept 2019,, I485 feb 2020,,, medical examination Agust 2022,,,3 week after they received it.  Agust 27 2022 new card is being produce, today approved.  God answer keep the faith.

 

Congratulations!

[shiva32 240]

38 minutes ago, Varna said:

Hi VAWA Family,

 

I am 25 months into this journey, USCIS processing time says 26 months. Can I do a senator enquiry right after I cross 26 months or should I wait longer? Because USCIS website has a thing called "get enquiry date" based on our receipt date, and as per USCIS I cannot enquire until May 2023, which is 32 months. I dont understand this calculation, but when can I ask my congressman to enquire?

I am really really tired of checking my app every single day for a decision  

You can use congressional (senator or congressman) inquiry any time you want. Its actually important to do so. so that they know you are watching. You can also consider a mandamus writ if its more than 2 years since you filed your I 360 petition. Some forum members have had success with mandamus. 

[Varna 6]

5 minutes ago, shiva32 said:

You can use congressional (senator or congressman) inquiry any time you want. Its actually important to do so. so that they know you are watching. You can also consider a mandamus writ if its more than 2 years since you filed your I 360 petition. Some forum members have had success with mandamus. 

@shiva32 I reached congressman a few weeks ago and said its 2 years but they responded back saying that USCIS is 26 months and your case is under normal processing. I know I must wait another month may be, but wanted to check if there is a certain timeline to wait before we reach senator/congressman. And I do not know how mandamus works, when am I eligible to apply? Any grounds/criteria required for it?

[shiva32 240]

24 minutes ago, Varna said:

@shiva32 I reached congressman a few weeks ago and said its 2 years but they responded back saying that USCIS is 26 months and your case is under normal processing. I know I must wait another month may be, but wanted to check if there is a certain timeline to wait before we reach senator/congressman. And I do not know how mandamus works, when am I eligible to apply? Any grounds/criteria required for it?

Well they can always send a routine congressional inquiry, i dont know why your congressperson is so stingy with a simple service. Shop around till you find a congressperson or senator willing to do this for you. But its true that uscis will just respond in 30 to 45 days with a boilerplate answer that they are working on your case. unless they sent you rfe or noid and you didnt get it, in that case they will tell congressperson that they sent RFE / NOID. For example my lawyer misplaced RFE for medicals and i never got it, only found out when USCIS told senator that they sent RFE and were waiting for my response. They never updated online portal for the RFE either. So that is one thing - information, that is advantage of a congressional inquiry.

 

Mandamus - completely depends on the judge you get, but usually any petition beyond two years the judge will frown at uscis and may be more likely to rule in your favor if the case goes to court. I think that is probably why VSC limits the processing time to as close to two years as possible, they know they will have a slew of court cases if they make their "posted" processing times more unreasonable than that. (criticism welcome from forum, this is just my opinion.) More importantly USCIS hates going to court, as that is a lot more work for them. They will likely approve your case faster if you file a mandamus at the two year mark. See @RKE 's post a few pages ago. They filed mandamus after about three years and got to green card in a few months. Now whether you want to file mandamus now or later is completely up to you. But it seems rational to wait the full 26 - 27 months for USCIS to get off their voluminous posteriors and adjudicate your I360. 

 

https://www.jeelani-law.com/services/writ-of-mandamus/

 

https://www.hooyou.com/i-485/mandamus.html#:~:text=Sending a “Notice of Intention,evidence surrounding the potential lawsuit.

Edited August 29, 2022 by shiva32
add info

[Makanaki 111]

5 minutes ago, shiva32 said:

Well they can always send a routine congressional inquiry, i dont know why your congressperson is so stingy with a simple service. Shop around till you find a congressperson or senator willing to do this for you. But its true that uscis will just respond in 30 to 45 days with a boilerplate answer that they are working on your case. unless they sent you rfe or noid and you didnt get it, in that case they will tell congressperson that they sent RFE / NOID. For example my lawyer misplaced RFE for medicals and i never got it, only found out when USCIS told senator that they sent RFE and were waiting for my response. They never updated online portal for the RFE either. So that is one thing - information, that is advantage of a congressional inquiry.

 

Mandamus - completely depends on the judge you get, but usually any petition beyond two years the judge will frown at uscis and may be more likely to rule in your favor if the case goes to court. I think that is probably why VSC limits the processing time to as close to two years as possible, they know they will have a slew of court cases if they make their "posted" processing times more unreasonable than that. (criticism welcome from forum, this is just my opinion.) More importantly USCIS hates going to court, as that is a lot more work for them. They will likely approve your case faster if you file a mandamus at the two year mark. See @RKE 's post a few pages ago. They filed mandamus after about three years and got to green card in a few months. Now whether you want to file mandamus now or later is completely up to you. But it seems rational to wait the full 26 - 27 months for USCIS to get off their voluminous posteriors and adjudicate your I360. 

Lol on “voluminous posteriors “ I am 40 months and counting 😭. 
 

[shiva32 240]

1 minute ago, Makanaki said:

Lol on “voluminous posteriors “ I am 40 months and counting 😭. 
 

I would have filed a mandamus at the 2.5 year mark, but of course I don't know your situation. 

[Makanaki 111]

Just now, shiva32 said:

I would have filed a mandamus at the 2.5 year mark, but of course I don't know your situation. 

My situation is same old ####### about security/background check. My derivative though was issued her green card (IB6 - which means it’s based on my application), she is in the army and just put in her N400 as well. Waiting for her to become a citizen and then I will fully blast them with the mandamus NO DOUBT!

[Sasacb 69]

50 minutes ago, shiva32 said:

You can use congressional (senator or congressman) inquiry any time you want. Its actually important to do so. so that they know you are watching. You can also consider a mandamus writ if its more than 2 years since you filed your I 360 petition. Some forum members have had success with mandamus. 

I’ll probably write a mandamus ! I’m waiting since 2018 and USCIS answer the senator saying my case are under security check ! 
ridiculous how USCIS are slowly !!!!! I’m getting tired…. I filled for work permit renovation last year and I’m still waiting , a lot of pictures from my abuse! 
the USCIS never got me the prima facie since I filled in 2018 ,  2 months ago they gave me my first prima facie! 
also 1 rfe in 2018

Edited August 29, 2022 by Sasacb

[shiva32 240]

2 minutes ago, Makanaki said:

My situation is same old ####### about security/background check. My derivative though was issued her green card (IB6 - which means it’s based on my application), she is in the army and just put in her N400 as well. Waiting for her to become a citizen and then I will fully blast them with the mandamus NO DOUBT!

unless you think its faster to get your green card and citizenship through your derivative (daughter?) sponsoring you. I don't know when she can become a citizen through military,  am hazy on those details. Keep me posted as that is something I want to know about. 

[Makanaki 111]

1 minute ago, shiva32 said:

unless you think its faster to get your green card and citizenship through your derivative (daughter?) sponsoring you. I don't know when she can become a citizen through military,  am hazy on those details. Keep me posted as that is something I want to know about. 

I intend getting my GC through my VAWA application via the Mandamus. I just want my daughters case to be completed and I will not hesitate in filing a mandamus. It’s actually faster to become a citizen through the military - at most 6months from submission. Will definitely keep you posted