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liveurlife

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  1. Mine shows the same thing too.Incomplete status online & to call the toll free number.It worked all day until this evening but i'm expecting interview notice though.After doing a lot of google search, people said they got interview notices 2-3 days after this message so i'm keeping my fingers crossed.By the way, my other two applications worked just fine except for the I-485 status update.I Will wait till monday b4 i call.

  2. Hey gizq, if your file haven't been transferred yet, you should contact VSC not NBC or local office.Even if you get an infopass with local office, i don't think there's much they can tell you about your case since its still @ VSC.

    I'm still waiting for my interview date, hopefully praying it comes soon.

    Young seattle,long time.I have been approved but waiting for my interview for the green card.Your case by the way don't sound like a vawa case @ all, maybe that's why VSC is not responding.If you are claiming VAWA benefits and still on friendly terms with your abuser...that don't ring well.Besides, you said she was on drugs & never abused you,just addicted which is taking its toll on you & the family- you have confessed love over n over again to this woman on this forum, if that's why you filed for vawa, then i wish you the best of luck b/c you really have to convince VSC on the abusive part, whether physically, mentally or otherwise.

    But all n all, good luck & to all those waiting, stay strong.It is well.

  3. Hi guys, my I-485 has been transferred to NBC so i'm expecting my interview notice pretty soon.I'm very excited @ least this assures me that i'll not be waiting long for an interview.

    As for my friend who got her receipts & prima facie within 5days of filing I-360,i'll keep you guys posted, she has her interview @ the local office coming up soon.

    How is everyone holding up?Loveme,Macbook,Ssisi10,Myjay,gizq,Lorphelpme,optimisticchic etc,how r u guys doing.Keep faith y' all & goodluck to everyone who is waiting for approvals & interviews.

  4. I just assisted a friend in filing for I-360 & I-485(She has a previous pending I-485), but we filed a 2nd one to VSC anyway.It took 5days for them to send receipt & prima facie(that was very fast).She went to local office to tell them she filed an I-360 during her interview.VSC notified local office & local office have invited her again for another interview.So, my question is what do you all think this interview is for,is it possible to grant her a GC w/o husband not attending or with I-360 currently pending?

  5. hi,

    How is everyone doing?Loveme & others who already have an approved I-360, did your approval notice come with a supplemental approval notice for deffered action?Mine came with one.Also, why are they putting your previous priority date if they are not going to be fast enough to transfer your I-485 to NBC in the first place?

    @37Shells,why did you reschedule your biometrics appointment?You should have just gone ahead & do one.I don't see any point in rescheduling a biometrics appointment unless you are not available in the country or you are in a diff state from the address they sent you.

    @VAWA, i also came with an F-I status & the minute i applied for AOS via marriage, i was told i was no longer an F-! student even though visa & I-20 have not expired.I was now an intending immigrant.But i didn't have any problem with instate tuition, in TX if u reside here for 12months, u'll be granted in-state tuition.Remember Rick Perry talking about instate tuition in TX during d republican debate & the others almost chewed him out.Every state make their own rules though.If you cannot get instate tuition, you can get financial aid though.The info below is for you so you know how to argue your case @ the Financial aid office...you are a VAWA applicant with a prima facie, so you qualify.

    Publication Date: June 4, 2010

    DCL ID: GEN-10-07

    Subject: Student Aid Eligibility - Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act

    Summary: This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, HEA program assistance.

    Note: This Dear Colleague letter was updated on November 5, 2010 with the following information: The address to send the G-845S form was updated.

    Dear Colleague:

    Background:

    Under certain conditions and with the documentation described below, some non-U.S. citizens who are “Battered Immigrants-Qualified Aliens” and their designated children may receive federal student financial assistance under Title IV of the Higher Education Act of 1965, as amended (HEA).

    Normally, when a U.S. citizen (or lawful permanent resident) marries an alien and wishes to bring his or her spouse to the U.S., the U.S. citizen petitions the Department of Homeland Security’s (DHS’s) United States Citizenship and Immigration Service (USCIS) office so the alien spouse may legally reside in the U.S. However, sometimes in the case of domestic violence, the abusing citizen-spouse threatens the alien-spouse and/or controls the petitioning process. Immigrants who are spouses of U.S. citizens or spouses of lawful permanent residents, and who are victims of domestic violence, as determined by the USCIS, may be deemed “qualified aliens,” which under the Violence Against Women Act (VAWA) makes them and their designated children eligible for “federal public benefits,” including federal student financial assistance under Title IV of the HEA. The VAWA allows the battered immigrant to self-petition the USCIS for such a determination without the cooperation or knowledge of the abuser.

    Due to confidentiality concerns,1 information about such battered immigrants is not maintained in the Department of Homeland Security’s Systematic Alien Verification for Entitlements system that is generally used for computer matching between the Department of Education (ED) and DHS. Instead, DHS has a unit separate from its central or regional offices that maintains information on VAWA Battered Immigrants.

    As a result, the submission of a Free Application for Federal Student Aid (FAFSA) by a Battered Immigrant-Qualified Alien will not yield a positive match with DHS. Also, the collection from the applicant by a postsecondary educational institution of USCIS-provided documentation and its submission to the local USCIS office with a G-845S Document Verification Request form, as provided for other types of eligible noncitizens, will not provide verification of the applicant’s status as a qualified alien.2

    The guidance in this letter describes the documentation process that must be used for a person who requests Title IV eligibility based upon his or her status as a “Battered Immigrant-Qualified Alien.”

    Generally, a Battered Immigrant-Qualified Alien receives an Alien Registration Number (A-Number) upon arrival to the U.S. When completing the FAFSA, the Battered Immigrant will indicate on the FAFSA that they are an eligible noncitizen and provide their “A-Number.” While Battered Immigrants are not “eligible noncitizens” for the purpose of the ED/DHS computer match, as indicated above, they are noncitizens who, as determined by DHS-USCIS, are eligible for federal benefits, including Title IV student assistance.

    Documentation Requirements:

    The documentation that must be provided depends on the applicant’s DHS-USCIS Case Type, as described below.

    1. Type of Case: Self-petitioning cases under VAWA

    Description –When an immigrant self-petitions DHS-USCIS for a status of Battered Immigrant-Qualified Alien (by filing an I-360 form), the USCIS will make an initial determination to:

    (1) deny the petition,

    (2) approve the petition, or

    (3) find that a “prima facie” case has been established.

    Either the approval of the self-petition or a finding of a “prima facie” case establishes an otherwise eligible applicant’s eligibility for Title IV, HEA program assistance. However, a finding of a “prima facie” case will have an expiration date. As a result, for “prima facie” cases, Title IV eligibility will end the day after the expiration date, unless the USCIS has changed the applicant’s status to “approved,” or has extended the expiration date of the “prima facie” case.

    Documentation – The USCIS will respond to an applicant’s self-petition by issuing to the applicant an I-797, Notice of Action form.

    NOTE: The I-797 form is used by the USCIS for many purposes, so it is critical that it be carefully reviewed.

    Approval - USCIS will provide a DHS-USCIS Form I-797, Notice of Action form, indicating the applicant’s status. When a self-petitioning spouse is approved, the I-797 will indicate “Notice Type: Approval Notice” and the Section reference will read, “Self-Petitioning Spouse of U.S.C. or L.P.R.” In the narrative below, there will be a statement such as, “The above petition has been approved.” When the I-797 has the above designations, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required.

    In cases where the self-petitioning spouse’s application has been approved, a separate I-797 form will be issued by USCIS with the names and dates of birth of any children listed by the applicant. That I-797 form will read, “Notice Type: Notice of Dependent Child (ren), Section: Self-Petitioning Spouse of U.S.C. or L.P.R.” In the narrative it will state, “The following derivative children are named on the approved Petition” and then the names and birth dates of the child (ren) will be provided. These children, if otherwise eligible, may receive Title IV, HEA program assistance and no verification with DHS-USCIS is required.

    The status of a child listed on a self-petitioner’s notice of action when the petition has been approved by DHS-USCIS continues even after the child has reached the age of majority.

    In some cases, a dependent child can be the self-petitioner and therefore the I-797 form would read, “Notice Type: Approval Notice, Section: Self-Petitioning Child of U.S.C. or L.P.R.” in a case where the U.S. citizen or lawful permanent resident is abusing the child.

    When the I-797 form has the above designations, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required.

    “Prima Facie” Case - The I-797, Notice of Action will sometimes indicate “Section: Self-Petitioning Spouse of U.S.C. or L.P.R. ESTABLISHMENT OF PRIMA FACIE CASE.” This status is usually provided for a period of up to 180 days (as indicated on the I-797, Notice of Action form). As long as the I-797 form has not expired, an otherwise eligible applicant can be awarded and disbursed Title IV, HEA program assistance and no verification with DHS-USCIS is required. Also, at times, DHS-USCIS will extend the “prima facie” case for a specific period of time until the case is either approved or denied. As long as the expiration date has not occurred, an otherwise eligible Title IV, HEA applicant is eligible to receive Title IV, HEA program assistance. It is our understanding that a self-petitioner can submit a written request for an extension up to 15 days prior to the expiration date and receive an extension. Unless the I-360 application has been denied, the petitioner should receive an extension of the “prima facie” case on a subsequent I-797 form.

    The I-797 may include a section with the names and dates of birth of any children of the self-petitioning spouse. These children are also eligible to receive Federal Title IV student aid under the “prima facie” determination of the parent with the same expiration date limitation. The child’s eligibility continues even after the child has reached the age of majority, as long as the I-797 has not expired.

    Other General Notes:

    While the dependent children may be listed on the parent’s self-petition approval, each of the eligible children must individually make a separate request for deferred action to DHS-USCIS.

    If the self-petitioning spouse is ultimately denied approval, then the dependent children initially listed on the petitioner’s I-797 would also be denied and therefore not be eligible for Title IV, HEA program assistance.

    In some cases, the USCIS will initially acknowledge the receipt of the self-petition. An acknowledgment does not make the applicant (or his/her named dependent children) eligible for Title IV, HEA program assistance.

    The USCIS may also issue a Notice of Deferred Action. This is an administrative choice to give lower priority for removal of the immigrant from the U.S. Again, because the I -797 Notice of Action can be used for a wide variety of purposes (beyond the scope of Title IV, HEA program eligibility), and as the “Case Type” heading on the form indicates, this notice of deferred action could be applicable to cases unrelated to a self-petitioning case under VAWA; therefore, the Notice of Deferred Action alone cannot be used as documentation of a self-petitioner. Instead, the self-petitioner must provide either a copy of the self-petitioner approval notice or a notice of action that establishes a “prima facie” case (that has not expired). Generally, a Notice of Deferred Action has a termination date, therefore prior to the termination date, an otherwise eligible applicant also providing a copy of the self-petitioner’s approval status or that of the establishment of a “prima facie” case may be awarded and disbursed Title IV, HEA program assistance. However, after the termination date of the Notice of Deferred Action, the applicant is no longer eligible to receive Title IV, HEA funds. The applicant may request and receive a supplemental notice extending the termination date and therefore regain Title IV eligibility.

    2. Type of Case: Suspension of deportation cases under VAWA

    Description - An immigration judge can issue an order to suspend the deportation of the abused spouse, parent, or child under VAWA. An otherwise eligible applicant whose immigration court order has not expired may be awarded and disbursed Title IV, HEA program assistance and no verification is required with DHS-USCIS.

    Documentation – The applicant receives a copy of the Immigration Court Order. If the court order clearly indicates suspension of deportation by the immigration judge, an otherwise eligible applicant may be awarded and disbursed Title IV, HEA program assistance and no verification is required with DHS-USCIS. Often, the institution may be unclear about the court’s order; we suggest that the institution follow the instructions below to obtain verification from USCIS.

    3. Type of Case - Cancellation of removal cases under VAWA

    Description – An immigration judge can issue an order to cancel the removal of the abused spouse, parent, or child under VAWA. An otherwise eligible applicant whose immigration court order has not expired may be awarded and disbursed Title IV, HEA program assistance and no verification is required with DHS-USCIS.

    Documentation – The applicant receives a copy of the Immigration Court Order. If the court order clearly indicates cancellation of removal by the immigration judge, an otherwise eligible applicant may be awarded and disbursed Title IV, HEA program assistance and no verification is required with DHS-USCIS. Often, the institution may be unclear about the court’s order; we suggest that the institution follow the instructions below to obtain verification from USCIS.

    Financial Aid Administrator Action:

    Since the applicants above will not successfully pass the computer match conducted between ED and DHS, the financial aid administrator must collect and examine a copy of the USCIS-provided documents described above and retain a copy of the documents in the student’s financial assistance file. If the documents support the applicant’s status under VAWA and have not expired, an otherwise eligible student can be awarded and disbursed Title IV, HEA program assistance and verification with DHS-USCIS is not required. It is important for financial aid administrators and others at the institution to bear in mind the confidential and sensitive nature of the documents establishing the student’s Battered Immigrant-Qualified Alien status, and the institution’s obligation to comply with the privacy requirements of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g and 34 CFR Part 99.

    The financial aid administrator must also check the student’s response to the citizenship question on the FAFSA. Most of the affected students will indicate that they are eligible noncitizens. By following the guidance in this letter, the financial aid administrator will resolve the fact that the student did not successfully pass the computer match. However, it is also possible that the student may indicate that he or she is neither a citizen, nor an eligible noncitizen. In this case, the student should correct the FAFSA and indicate that the student is an eligible noncitizen. This is an important correction needed to allow for the calculation of an Expected Family Contribution (EFC). Indicating that the student is neither a citizen, nor an eligible noncitizen, will cause the FAFSA to be rejected.

    Students who apply for Title IV, HEA program assistance in a subsequent year may rely upon the original DHS-USCIS documentation provided, as long as that documentation has not expired. If the documentation has expired, the applicant is required to obtain new DHS-USCIS documentation. When the documentation has not expired, but was provided in a prior award year, the institution must have the student provide a written and dated statement indicating that their DHS-USCIS immigration status as provided under VAWA remains in effect without change. This documentation must remain in the applicant’s financial assistance file at the institution.

    Procedures when the documentation is lost, the institution is unclear about the documentation, or the documentation has expired:

    In the event that:

    The student has lost or cannot provide a copy of his or her USCIS-provided documentation,

    The institution has reservations about the documentation provided by the applicant or is unclear about the outcome reflected in the documentation, or

    The documentation has expired,

    the financial aid administrator must submit a completed G-845S form and attach copies of any documentation provided by the applicant. When completing the G-845S form, check “Box 8 – Other” and write-in “VAWA verification” and submit the information to DHS-USCIS for a VAWA verification determination at the following address (NOTE: This is not the Buffalo Field Office address.).

    U.S. Citizenship and Immigration Services

    10 Fountain Plaza, 3rd Floor

    Buffalo, NY 14202

    Attn: Immigration Status Verification Unit

    Eligibility for Title IV, HEA program assistance as a Battered Immigrant – Qualified Alien will be based on the results of the G-845S submission to the Buffalo office of DHS-USCIS.

    For further information or to contact the Department of Education on this topic:

    If you have any questions regarding this letter, please contact Dan Klock via e-mail at dan.klock@ed.gov or Carney McCullough via e-mail at carney.mccullough@ed.gov.

    We appreciate your cooperation and assistance in helping these applicants as we work to implement this new process.

    Sincerely,

    Daniel T. Madzelan

    Delegated the Authority to Perform

    the Functions and Duties of the

    Assistant Secretary for

    Postsecondary Education.

    1 8 USC 1367(a)(2) prohibits DHS from using or disclosing to anyone, other than a sworn officer of DHS, any information related to the beneficiary of a protected application, which includes all applications under VAWA.

    2 ED has developed this guidance in conjunction with DHS-USCIS to establish these special procedures for an institution to verify a student’s Battered Immigrant-Qualified Alien status. Due to the confidential and sensitive nature of this information, if an institution requires that the applicant information be verified, the institution must send such verification inquiries to the specific office address at the end of this guidance, rather than to its local DHS-USCIS office. Local DHS-USCIS offices will not be able to verify Battered Immigrant-Qualified Alien status.

    Attachments/Enclosures:

    GEN-10-07: Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act in PDF Format, 284KB, 6 Pages

    G-845S: Document Verification Request Form in PDF Format, 120KB, 2 Pages

    Plugins & Viewers

  6. I just viewed a copy of my I-360 emailed to me by my attorney.It was actually approved on the 13th oct.In d RFE sent to me by VSC, it says a decision will be made within 14 days of receipt of this response".USCIS received my response on 28th sept,made a decision on 13th oct & notice mailed 26th oct.So, actually, they were within the 14days range on this one.So,VSC was correct on this one.

    Also, does every I-360 approval notice come with supplemental notice of deferred action?Mine came with one.

  7. No news here. I've been waiting for almost 27 months, and yes I have an attorney.

    Myjay, wow...,your case is really out of processing time.Ask your Lawyer to call vawa helpline:18025274888 & request VSC to adjudicate your case.I don't see why you should be waiting for more than 2.5yrs, to me VSC is picking up cases randomly-if your attorney don't make the call, they will probably take longer.If your timeline is way past the processing time that they posted on their website, you can request an adjudication,i also read that somewhere while i was waiting on mine too to be sure-it is called helpline for a reason.Only urgent cases & cases way out of processing times that will be responded to.Someone will call your attorney back with 3-7days unfailingly.Noone will call you back if u r an individual inquiring for your self.Pls, send a mail instead for self requests.

    Even though my attorney said wait, i ran out of patience.I told her to call & let them know that my case was over 6months out of processing time(based on the timeline posted on the USCIS website @ d time) & request an adjudication .You can see when she called in July in my timeline & when they called her back/send me RFE,see when they received it & i just got approved last week.So calling does make a difference,don't continue to wait b/c everyone else is waiting,you have to know that every case is different & right now,if your attorney continues to call,your case will be adjudicated.By the way, everytime my attorney called to check or request somethg 4 my case, they always sent something out or look into it.Remember how correspondence btw my attorney & USCIS were screwed up in the mail cos of wrong address(then my attorney & VSC started faxing stuff to each other),also i was once scheduled for AOS interview w/o vawa approval in Dec & u know how everythg was then transferred back to VSC & new receipts issued all over again, imagine how people's files can get missing/separated just by being moved from one office to another.So, its better to stay on top of everything.I'm just glad the I-360 part is out of the way.

    I wish u d best of luck and all others waiting.

  8. Thank u everyone.

    Dominique,i was not in any removal proceeding.I went to my interview by myself 6yrs ago cos i figured it was better for one of us to show up than neither of us.I got a denial letter afterwards & a letter stating b/c my husband did not accompany me to the interview, that my application has been denied.In the same letter, it states that this does not deny me from applying for other immigration benefits.When i applied for I-360 last yr,my attorney checked but i was not placed in any removal proceeding.

    I had 2 friends in the past that neither them or their husbands went to the interview & they got not only denial letter, they also got deportation notice.

    You know how USCIS is, they r unpredictable.

  9. My attorney & I took time to respond to the RFE.So it took about a month from when VSC received it to the time of approval.In total, it took about 18months + 2weeks from date of filing to date of approval.I pray they transfer my I-485 soon, i just want this to be over with & enjoy my Xmas hopefully.

    Thanks everyone for your support & prayers.

    I pray many more approvals come to each & everyone of you waiting.

    Myjay & Macbook, how are your cases going,any news & how long have u been waiting?Do you guys have attorneys?How come they are not pestering VSC.I know I-360 is suppose to take anywhere from a few months-2yrs & if its beyond 2yrs, then somethg is wrong.I know there's a body that is suppose to help handle issues like this but you must have attempted to contact the USCIS body( VSC in this case )without success several times before you can complain & they will help look into your case.

    Loveme & Memes-any interview notices yet?

    Lorphelpme, Optimistic chic yours is coming...keep hope alive.

    Goodluck everyone.

  10. Yes both physical abuse + mental.My case has been a complicated one with ups & downs & 4 everyone that have been following, they know what i'm talking about.You just have to look thru my posts to see what went wrong with my case & how i got to this point.I had pics of injuries but no doctor's report or police report.I didn't even know about VAWA until a couple of wks when my divorce would have reached d 2yr mark,that would have made me ineligible.I filed a few days to when it was almost 2yrs,they got it on time so i qualified.I got RFE for good moral Xter + GFmarriage after about a month of filing.I sent in all i had but apparently they needed more to prove GFmarriage, cos most of the bills showed just my name.This time,i went everywhere i could remember that we had things that we signed together or where either of us was listed. i found one joint lease,life insurance policy, greeting cards from his mum, layaway plan for furniture,3yrs Tax returns(I filed as Married but filing separately, his name/SSN listed but i had to explain why it wasn't joint filing-my reason matched my initial affidafit) & his sister gave me a notorized note to attest to the fact that we were married for real.My attorney helped draft two pages of letter explaining thgs & why i can or cannot get certain documents.

  11. If u already have ur I-360 approval notice on hand & u want faster AOS, go thru Chicago lockbox

    If u like snail mail service, go thru VSC.

    And thaz my verdit.

    Lorphelpme,my friend filed I-360 alone & got approval after 18months so it all depends.Some say if u file all together, its quicker, some say I-360 alone is quicker.

    To me it all depends on your luck,who first opened ur file,the amount of work coming into VSC & who is ready to get d work going.

    Goodluck every1 & have faith & stay blessed.

  12. Nope, all AOS pertaining to VAWA does not have to go to VSC.You can send ur AOS to Chicago lockbox so long as u have ur I-360 approval on hand to attach-that's ur eligibility criteria.The part to mark is #1 or #A(can't remember if its # or letters) on the I-485 form( also read the I-485 instructions-its there in black & white).I know people who have done this & my very good friend filed this way.I've called USCIS & i also asked my lawyer & d ans is YES u can file through Chicago Lockbox if u have ur I-360 approval notice cause you are asked to attach a copy.

    Also, a lot of people in the previous thread b4 this one filed AOS thru Chicago lockbox.

  13. I'm an international student.

    Does prima facie would change my tuition rate?

    I meant if I bring it to dean of admission, would I eligible for a resident tuition rate?

    I can't afford school as my ex-wife drained my money while we were together. I really need help!

    I don't know what state u r in but in TX, even though i came on F-I visa & attended school after 12months of living in TX, i paid in state tuition.After i got married,i also applied for financial aid which was also granted & subtracted out of my in state tuition-i paid the difference.After the abuse, i was asked if i was a "victim of domestic violence" after i transferred to another school, i said yes & presented the prima facie & i continued to get financial aid.During the time i didn't have prima facie, i was lucky enough to be on one form or scholarship or another...i just kept my GPA perfect.Most schools have offices to attend to immigrants as well as domestic violence victims.Just check with your school counselling unit, if you don't ask, you won't know.From what i understand, financial aid should be granted to domestic violence victims but u must have an approved I-360 or a prima facie but i also heard most victims are too afraid to apply.

  14. Hi Sandranj or anybody who knows, do you get an interview date faster when you file i360 cocurrently or when you file i360 and then file i485 after approval of i360.

    Thanks

    Hey Lorphelpme,I don't think it matters whether u file I-360 first or file all forms concurrently...VSC does not have enough staff to tackle all applications, they are very slow.My friend filed I-360 first & upon approval she filed I-485 through Chicago lockbox(her attorney advised her to do so) & had her interview & green card within 2 months of filing...she paid for the I-485 though.I think most people file all forms thru VSC because they are applying for fee waivers as well as EAD...VSC is slow with approvals of I-360 alone not to talk of transferring files to NBC for AOS interviews at local offices.4 now it just depends on your luck & VSC.If you already have I-360 approval, u are better off filing thru Chicago lockbox for the AOS part but for those of us that filed all forms thru VSC, we have to wait till VSC adjudicators do something.

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