VAWA, Part 26

[Dreamer7 16]

22 hours ago, Hope4me said:

Hi fam, I am 41 months in (Feb 2020) and had to reach out to my Senator's office and a response came last month that it is at background check. I will encourage you to reach out to your Congress person/Senator as well. After waiting this long, I will encourage you to hold on to hope. Let's look at it this way - when your VAWA is approved, you get a 10 year green card whereas if you started the process afresh, you first get a conditional green card (2 years) and also back to relying on someone for your status. By filing for VAWA, you took your destiny in your hands which I believe is a brave thing to do. Do not despair fam, your day is coming soon.

Fam I appreciate your warm and kind words… you’ve been waiting 41 months…. And you did not know it was under security check? The only thing I can do is wait. Did u get any rfe:(

[Sorrowhope 71]

3 minutes ago, balo101 said:

basically that's what i meant to get out of court by terminating removal. Just consult with another attorney just to get an idea to see if your attorney is doing right thing. You do not want to get involved unnecessary wait time. 

I emailed to her and I will definitely get a respond on tomorrow and I will ask same questions to some another attorney if their responses are matched  then I’m fine if not then  I have to figure out what should I do for next .  I know new attorney new cost .. but I can push this attorney to do right thing because she already got 3 more clients by me .if someone sending me clients then I should more care about this person .. 

[OldUser 5,207]

8 minutes ago, Hope21 said:

If uscis won’t jurisdiction on my file then why my case is moving from right to left and left to right ?

It can be bouncing for a while. USCIS may not know what to do with it because it's still potentially under court jurisdiction. Eventually then may close it. Imagine waiting another few years to find out they cannot adjudicate it. Better to consult with somebody who deals a lot with removal proceedings.

[steve_o 8]

10 hours ago, balo101 said:

what?? 

Did you inquire about your i-485? What is the status of it? When did you apply for i-485? Did you send it together with VAWA or after the VAWA approval? 

 

25 minutes ago, Ozy7 said:

Fam I appreciate your warm and kind words… you’ve been waiting 41 months…. And you did not know it was under security check? The only thing I can do is wait. Did u get any rfe

 

 

I also have the same situation. My VAWA was approved in December 2020. Initially, I had filed for AOS I-130 and later shifted to VAWA. However, I kept my I-485 application. I have done the congressional inquiry about my I-485 through my senator and congressman at least 3 times. Every time I received the same update: "no change in the status" and "in security background check".

I am also about to lose hope, and I am seriously considering filing a Mandamus against USCIS.

 

[balo101 655]

Just now, steve_o said:

 

 

 

I also have the same situation. My VAWA was approved in December 2020. Initially, I had filed for AOS I-130 and later shifted to VAWA. However, I kept my I-485 application. I have done the congressional inquiry about my I-485 through my senator and congressman at least 3 times. Every time I received the same update: "no change in the status" and "in security background check".

I am also about to lose hope, and I am seriously considering filing a Mandamus against USCIS.

 

Have you made the info pass?

The other thing you can do is to do your own background check and submit that result to USCIS. It is not gonna cost you much. I know personally someone did that and got approved within a month.

[balo101 655]

1 hour ago, Hope21 said:

I emailed to her and I will definitely get a respond on tomorrow and I will ask same questions to some another attorney if their responses are matched  then I’m fine if not then  I have to figure out what should I do for next .  I know new attorney new cost .. but I can push this attorney to do right thing because she already got 3 more clients by me .if someone sending me clients then I should more care about this person .. 

it is not gonna hurt by get the opinion form other attorneys. Consult at least one or two just to make sure everything is fine what your attorney is doing. 

[Verrou 1,906]

2 hours ago, Hope21 said:

But my attorney told me when we will get approval notice for I- 485 then we will ask to terminate to my removal proceeding.  She submitted to uscis instead of court because they’re so fast what they told me .  My removal actually administratively closed . I was think I can also terminate with Vawa approval notice but they didn’t try that way. It’s so confusing me I am simple waiting .

U won’t get approval for i-485 if you don’t terminate ur removal proceeding. The court is higher hierarchy compare to USCIS. USCIS can’t by pass court. And administrative closed isn’t termination. It just out of the docket but not out of the court 

[Demise 1,140]

3 hours ago, Hope21 said:

But my attorney told me when we will get approval notice for I- 485 then we will ask to terminate to my removal proceeding.  She submitted to uscis instead of court because they’re so fast what they told me .  My removal actually administratively closed . I was think I can also terminate with Vawa approval notice but they didn’t try that way. It’s so confusing me I am simple waiting .

You have it backwards.

 

There's only two cases where it's done that way:

 

1. you're in Exclusion Proceedings, which were basically initiated on entry pre-1997 because in that case USCIS retains jurisdiction over I-485, so you can adjust with them and then let the court know "I'm an LPR now, please terminate".

 

2.  you entered as an "Arriving alien" where you were paroled in (and not by AP associated with this I-485), in case of which, yes USCIS retains jurisdiction over the I-485 and you can just adjust with them and then terminate the proceedings once you get your green card.

 

For old deportation proceedings and current removal proceedings otherwise USCIS simply doesn't have jurisdiction over the I-485 to review it. So the way about there is to either file I-485 with the court or seek termination and then file I-485.

 

 

So, you likely aren't in exclusion proceedings, were you paroled into the country somehow? Because this is the one detail whether what your lawyer is doing is making sense or not.

Edited September 14, 2023 by Demise

[Dreamer7 16]

1 hour ago, steve_o said:

 

 

 

I also have the same situation. My VAWA was approved in December 2020. Initially, I had filed for AOS I-130 and later shifted to VAWA. However, I kept my I-485 application. I have done the congressional inquiry about my I-485 through my senator and congressman at least 3 times. Every time I received the same update: "no change in the status" and "in security background check".

I am also about to lose hope, and I am seriously considering filing a Mandamus against USCIS.

 

So you vawa was approved 3 years ago and you still don’t have a green card? Omg omg omg:(((

[Family 3,587]

 

58 minutes ago, Verrou said:

U won’t get approval for i-485 if you don’t terminate ur removal proceeding. The court is higher hierarchy compare to USCIS. USCIS can’t by pass court. And administrative closed isn’t termination. It just out of the docket but not out of the court 

When you speak w your attorney ( or consult new ones) tell them you need them to file Motion to Re-Calendar /Motion to Terminate with the court NOW, based on approved I-360. 
The I-485 filed w USCIS will just be put on hold for lack of jurisdiction..but will come in handy after your court proceedings are terminated. 
 

[2020filer 74]

On 9/13/2023 at 10:32 AM, balo101 said:

what?? 

Did you inquire about your i-485? What is the status of it? When did you apply for i-485? Did you send it together with VAWA or after the VAWA approval? 

I am sorry I meant to say 1 year after my Vawa approval and still no green card. I sent it along with I-130 and then asked to hold in abeyance. The status now says "your interview was scheduled ... in 2020". Never inquired further..

[balo101 655]

3 hours ago, 2020filer said:

I am sorry I meant to say 1 year after my Vawa approval and still no green card. I sent it along with I-130 and then asked to hold in abeyance. The status now says "your interview was scheduled ... in 2020". Never inquired further..

you should make an info pass appointment to find out status of your case.

[OldUser 5,207]

3 hours ago, 2020filer said:

I am sorry I meant to say 1 year after my Vawa approval and still no green card. I sent it along with I-130 and then asked to hold in abeyance. The status now says "your interview was scheduled ... in 2020". Never inquired further..

Did you move addresses?

Maybe your interview invitation letter was sent to a wrong address?

Edited September 15, 2023 by OldUser

[Keepinghope 32]

Hello everyone ! Please I need help with my divorce, the lawyer is charging me a lot and I don’t have the money. I filed the divorce with my county court and I got a response already, I am supposed to send out the other copy to spouse to sign but I moved to another state and I don’t want him to know where I am.

 How do I publish a public notice without reaching out to him or a lawyer to get divorced 
No property or kids involved. Any help is appreciated 

[steve_o 8]

On 9/13/2023 at 9:31 PM, balo101 said:

Have you made the info pass?

The other thing you can do is to do your own background check and submit that result to USCIS. It is not gonna cost you much. I know personally someone did that and got approved within a month.

I tried to do infopass but they could not check my file so they told me that they could not do anything. Yes, I already sent out my background check, but it also did not work.  

I feel I do not have any choice except to file a Mandamus against USCIS.