kmogens

I asked Sandra a more detailed question, but in case someone out there has the same issue as me, I'd like them to benefit from my question, so here goes:

Applied for UVisa in 2018 so it will not be adjudicated until 2024/2025 or even 2026/2027. My lawyer says my daughter who is over 21 and a US Citizen can file Adjustment Of Status (AOS) for me even as we wait for UVisa. I did not know you can file AOS using more than 1 method at the same time. Any thoughts?

I asked Sandra a more detailed question, but in case someone out there has the same issue as me, I'd like them to benefit from my question, so here goes:

Applied for UVisa in 2018 so it will not be adjudicated until 2024/2025 or even 2026/2027. My lawyer says my daughter who is over 21 and a US Citizen can file Adjustment Of Status (AOS) for me even as we wait for UVisa. I did not know you can file AOS using more than 1 method at the same time. Any thoughts?

3 hours ago, Blunt said:

The whole story is confusing somehow ..I think there is a mix up somewhere ..cause there is no how you gonna take your EAD and social security card to your place of work and they documented it and just because the mistakenly clicked the wrong spot by saying you are green card holder,anybody could mistakenly make that mistake for real..what matters is the documents you took to your place of work to get that job ..cause they have the photocopy of your EAD and social security card so how come the work will now later responded back that you said you are a green card holder whenever you are a EAD holder ..the company is the problem ..if he could get the EAD and social security card he submitted to get that job then he can fight the case honorably,I would never believe that there is no mix up somewhere ..anybody could do mistake of the date of your birth that’s why they ask for birth certificate and passport page ..it’s not possible for you to do mistakes in those three places..that’s why place of work ask for either green card or ead,and if you even take your drivers license to place of work I meant the one you got with your EAD.the drivers license is on valid for a year so they will know from there that you are not a green card holder and also with the type of your social security card cause it’s different from the regular social security card..nobody should think otherwise or fear ..the company should be investigated ...it’s only if @kmogens used fake green card and Changed her EAD social security card to the regular one of green card holder and uses same social security number ..I sensed that could be where problem might be coming from ...cause the company have paper work of the documents you submitted asides from the filling if I 9 form ...what matters most is the documents you used to get the work cause they will make photocopies of the documents your submitted to get the job ...so it’s two things it’s either the company screwed the whole thing up for her or maybe she did a fake green card and change her social security card from the EAD social security card but still use the same number,cause people always do that too unknowingly that it might affect their status and sometimes gets away with it..I’m not judging her I’m just thinking of what might have happened ..I really wish her the best ,she’s gonna overcome it ..it’s so confusing

I did not use fake papers. It was a legal state ID and social security card. I have never used fake documentation. The problem was checking the box for PM

5 minutes ago, Goyo said:

Yes, it’s like Uscis was invested in deniying this case. @kmogens do you know that you can apply for a fee waiver for form 601? 

I did not know that. The shelter is trying to do a U-Visa but I will ask about this too.

8 minutes ago, Blunt said:

But you can still say it’s not intentional...cuz I know you can’t put that intentional perhaps you didn’t even pay attention when you filling the I 9 form ..wait let’s start from here ..that job you got ..in as much as you gave them EAD card and social security card to start the job then it’s  not your fault cause that’s the most important..that has said it all..mistakes could happen when filling form ..you can fight it ...did you give them EAD to apply at that job ...cause your job might have affected you too ..let’s tackle this issue ..I feel so bad for you ...

AOS is already denied. I don't know what I can do at this point. I cannot reopen, file a motion at this time because it is 1 year since it was denied. There are very fewer lawyers with this experience and those I have talked to (about 10 lawyers) get confused and ask why the officer pulled the I-9. I do not know the answer to that. One lawyer said only very few officers ask and I happened to get one of those officers. The women's shelter is working with me but they tell me they don't have any experience with my type of case (I-9)

3 minutes ago, Blunt said:

That’s a very sad case ..sometimes someone don’t even pay attention on the I 9 form ..but mistake could happen by clicking wrong box..they shouldn’t judge based on that yard stick .cause I don’t even know what is on my I 9 form ..but what I want to know is how did the officer get to know ..what led to your I 9 form ...it’s still very strange to me ...

From what I learned from different lawyers, some officers pull the I-9 but most of them don't. I just got the one that pulls the I-9. Was there anything else that may have made him pull the I-9? Maybe, but I don't know what that could be. They just told me they pulled the I-9.

1 minute ago, Ziongirl said:

I know God will give you a second chance in I pray you get money and do it fast before they put you in removal proceedings 

Thank you. I get down on my knees every day and ask for a miracle

3 minutes ago, Ziongirl said:

Am sorry to hear this I hope you get the money to apply for a waiver,

 

Just for my knowledge did you claim on your I9 to being a citizen or a permanent resident?

Permanent resident

2 minutes ago, ihuoma said:

Please I need help. I have a pending I 360... And my lawyer filed i485 and i765 c31. I need to work pending when my i360 be approved. My question? 

I need to refile i765 category c9 what documentations is required. I have an expired EAD card. Expired in October 2016. @sandranj pls I need your help, you are good 👍. Thanks everyone!

Sorry this is a little off-topic, but "ihuoma" seeing your user-name, you must have read "The Concubine"  . Good book. You brought a little sunshine to my day with your name.

6 minutes ago, xoxox said:

Can you please give us more details about what happened exactly on your interview ?

That's will help to understand more about your case ..

I am sure folks here and Sandra we all can help you .

There was not much said at interview because misrepresentation on I-9 is 100% grounds for inadmissibility. I can file waiver, but not right now because I don't have the money (it is $930.00 for I-601 waiver). I'm am working through my local women's shelter right now to see if there is any hope for me.

1 minute ago, xoxox said:

Form I-9 officially the Employment Eligibility Verification is USCIS form .

I can't Believe that . They denied for I 9 .

Did you bring your w 2 to interview ?

Did you filed your taxes ?

How I 9 misrepresentation ?

Did you bring your w 2 to interview ? No - Not requested.

Did you filed your taxes ? Yes - never missed.

How I 9 misrepresentation ? It is misrepresentation 212(a)(6)(C)(i) is the code on it

On 3/5/2019 at 9:41 AM, xoxox said:

Your AOS Denied !

If you don't mind can you please just tell Us what is the reason for USCIS denied your 485 after 360 get approved ?

If you don't mind .

Denied for I-9 misrepresentation (they wrote letter to my job and asked for the I-9)

Hi Sandraj, I sent you a private message. Please take a look when you get a chance.

On 3/3/2019 at 3:01 PM, Goyo said:

Hi, were you Vawa denied? 

It was approved. AOS was denied

Dear ladies and gentlemen,

My lawyer filed for a U-Visa for me. Does that mean that my VAWA-based EAD will not be renewed and I have to stop working while waiting for deferred-action and U-Visa EAD?

USCIS sent my EAD in December 2017 to my lawyer, but he didn't get it. I requested they resend it in Jan, Feb, Mar, Apr, May 2018 (I have the Service Request print-outs) and each time, USCIS said they had sent it but my lawyer said he never got it (I paid my lawyer in full by 12/31/2017). 

I believe my lawyer that he never received my paperwork, so is USCIS lying? This is very concerning.

In May 2018, USCIS said they would return my card to their offices since it was undeliverable. I called, I really struggled to get it, throughout the summer, but they never sent it. It's November now and I still don't have my EAD card and my lawyer says he cannot call because he does not represent me any more. I changed the mailing address with USCIS in June from the lawyer to myself, so everything should now come to me.

My driver's license is coming up for expiry in December.

My question is, is VAWA EAD valid for 2 years? Or for how long? 

If the answer is yes, then if I had the EAD card with me, I could go into the DMV and renew the driving license. Does anyone know how long VAWA EAD lasts?

I sent another service request to USCIS to see if they can resend the EAD. 

How can I find out what happened to my EAD? Did USCIS screw up? I have called and called, but it's a VAWA case, they will not talk to me. My lawyer's address has never changed and he got all his other mail, just mine was never received.

USCIS approved my EAD in December, but I have not received it yet. I have filed multiple requests online since December, but USCIS only says that they have "completed" the request but they don't say if this means that they have sent the card. Obviously, they haven't so I do not know what they mean by "completed" the request. They also said that a tracking number is not available. Why? 

What can I do? 1-800 will not provide any information because this is a VAWA case.

47 minutes ago, sandranj said:

Please send me a pm again because  I couldn't find your message OK.

Ok. I just sent you a message. From KMogens.

On 4/12/2018 at 7:23 PM, sandranj said:

I don't remember if  I answered your message or not,  please let me know ok.

Hi Sandra, no, you haven't answered yet. It was about filing 601.

Hello sandranj, when you have a moment, I sent you a PM. Kindly take a moment to review at your earliest convenience.

Kmogens ask your attorney to show the cases approved because the only case approved by the Board of Immigration was in 1957. USCIS just approves the waiver of inadmissibility if the false claim to U.S .Citizenship was made BEFORE 1986.

VAWA COR applicant is considered deportable for a false claim to U.S. Citizenship like VAWA fillers,the ONLY EXCEPTION is if the false claim is connected to the abuse.

The linking to the abuse is very key and the fact that I was in a shelter at the time might be key. From consulting with other attorneys, I think it's deportable (for legal residents) and inadmissible for those of us without residency. I will let you know how it turns out. It definitely is a terrible situation.

kmogens even if USCIS approve your VAWA you will have the I485 denied again because of your claim on I9.

Why did you file VAWA? your chance to receive a green card is ZERO.

Your case is different from others here because you had your previous I485 denied because of the claim that you are a U.S Citizen, you should not travel before the AOS adjudication.

You didn't ask me but here is my opinion, you should start planning your future because there is no future for you here in the U.S. Do you want to spend the rest of your life without seeing your family and unable to get a good job and have a nice career here ? You have to think in the future, if you get married, have kids and God forbid you are deported what are you going to do with your life and with your kids? Could you see them living in your home Country? In 2014 almost 350.000 people were deported and 70% left their family behind. Unfortunately, your situation is bad. USCIS will not make any exception for you.You can have the VAWA approved but for sure your AOS will be denied.

Last year I had one case that the woman was arrested by ICE and her deportation would be in the next day. I asked the Court to allow her to stay 7 days in order to pack her belongs and take her kids with her, it was awful to see how in despair she was in that day.The Judge was kind and gave her 7 days and she packed her belongs and left the U.S. with her kids. She was lucky because she did not need authorization from her husband or from the Court to take the kids

There is just one decision from the BIA recognizing that the person can file a waiver because false claiming to Citizenship (Matter OF K), but I never saw one single case approved.

Hi Sandranj,

I filed VAWA due to physical, verbal and sexual assaults from my husband. He would drink and turn into a different person and he has choked me, body slammed me and pulled out my hair. The police have been to our house more times than I can count and I've filed police reports before and restraining orders but never pursued them. So finally, this last time when I was at a shelter, a lawyer I was consulting for my divorce told me about filing for VAWA and directed me to an immigration lawyer, so that's why and how I came to file for VAWA.

Do you think it was not advisable? The immigration lawyer who has fought other citizenship claims before, thinks he has an argument to lay out before the court, but he thinks he will succeed with USCIS even before that. Plus, if we go to court, and everything else fails, we can try for VAWA COR, but he thinks we won't need to get there. We really do not want VAWA COR, but he has got that for some of his clients with the citizenship claim before.

Thank you so much sandranj! I have a 2013 denied 485 (denied due to citizen claim on I9). I filed VAWA March, 2016, plus new I485 and I765 (EAD/AP combo card). I have received prima facie VAWA and the EAD.

So while the VAWA and 485 are pending, can I travel on EAD/AP (just for a week to see my family I have not seen in 25 years) or will the 2013 denial make me not to be admitted when I come back? I've read other threads where they say it is risky in case the 485 is adjudicated before you come back. But if I come back before it is adjudicated, do you think there is a problem at customs? What do you think?

PS: No NTA was issued after 2013 denial.

How does VAWA COR work for the undocumented? I think only an immigration judge can grant it so you have to have an NTA/be in removal proceedings to qualify. Do you get a green card as soon as VAWA COR is granted? What do you need to prove in court?

kmogens You can file a FOIA request to find out about your case.

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

My lawyer did filed the FOIA in 2015. There were some redacted documents (the file is at least 100 pages) but the final USCIS decision showed AOS denied and reason why. But there was no information on why NTA was not filed or if it would be filed. No more information, just denial and silence. So my lawyer was confused too. So I am trying to find out what it all means.