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Sandra G.

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  1. Sandra G.
    USCIS updated guidance in Volume 3 of the USCIS Policy Manual related to the Violence Against Women Act (VAWA) program https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20251222-VAWASelf-Petitioners.pdf The law (INA § 204) has always required that the self-petitioner have lived with the abuser during the qualifying relationship,what has changed with the new interpretation is that USCIS is applying this requirement more strictly, paying closer attention to whether the residence is still ongoing or if the separation is clearly connected to the abuse.
  2. Sandra G.
    In New Jersey, USCIS may take up to eight months to schedule a green card interview. If your country is included in the 39-country ban, your I-485 will not be automatically denied or canceled, but processing could be delayed or temporarily put on hold. Although the law permits VAWA applicants from these countries to apply, USCIS may freeze I-485 applications (green card applications) for individuals from high-risk countries. Mail your Form AR-11 to update your address where your case is pending, wait 20 days, and then ask your congressperson to confirm with USCIS that your address has been updated.
  3. Sandra G.
    Bring all documents you have that demonstrate a bona fide marriage and evidence of abuse.
  4. Sandra G.
    Lawyer here, If someone entered the United States without inspection, was deported, and then re-entered the country again without permission, they are subject to a 10-year bar. INA § 212(a)(9)(C) states that an individual cannot apply for permission to re-enter the United States until 10 years have passed since their last departure. He is inside the U.S, but there is no waiver available while he is inside the U.S. To overcome this, he must remain outside the United States for a full 10 years. Once the I-130 is approved, he will need to apply for a waiver to overcome the inadmissibility and proceed with immigrant visa processing.
  5. Sandra G.
    It's actually not uncommon; dozens of my clients have been sent to secondary inspection, and it even happened to me three times when I was a green card holder.
  6. Sandra G.
    U.S. Customs and Border Protection (CBP) has the legal authority to send anyone, including U.S. green card holders, to secondary inspection when entering the United States.
  7. Sandra G.
    You should inform USCIS about your divorce as soon as possible.
  8. Sandra G.
    Has anyone traveled abroad within the past 4 months while having a pending VAWA case? If so, how was your reentry experience?
  9. Sandra G.
    If you were unaware of your spouse’s bigamy, it does not impact your eligibility for U.S. citizenship under VAWA.
  10. Sandra G.
    If you have a pending I-485 (Application to Adjust Status), you are considered to be in a period of authorized stay by USCIS, even if you had prior unlawful presence.
  11. Sandra G.
    My former client was granted a green card through VAWA two years ago. Upon reentering the U.S. after an international trip, he was questioned extensively about his VAWA case and spent over an hour explaining the details to the officer(secondary inspection). He's already the third individual this year that I know of who has gone through this. Now imagine if you don’t even have a green card. I advised all my clients not to travel until they received their green cards.
  12. Sandra G.
    You’re not the one who committed bigamy, that burden falls on him, not you
  13. Sandra G.
    In New York City, it typically takes at least 12 months to schedule an interview, but in Brooklyn it could take up to 18 months. If you need to update your address, send a certified letter and also call USCIS to request the change. Ask to speak with a Tier 2 officer for assistance. While ICE can make arrests at USCIS offices, it’s uncommon. As long as you don’t have a criminal record or a final order of removal, you should be fine.
  14. Sandra G.
    I witnessed several individuals with pending asylum cases being detained, some before even entering the court for their master hearing, and others immediately after leaving, and they had "authorized stay."
  15. Sandra G.
    Keep a copy of your receipt. Your case is still pending, and there is no cause for concern.
  16. Sandra G.
    If it was the abuser who committed bigamy, the victim will not have any problems during the naturalization process.
  17. Sandra G.
    This means they sent you another copy of the I-485 denial notice. Your I-290B is still pending, and they have decided not to expedite your I-601.
  18. Sandra G.
    It's entirely up to you. Filing with or without an attorney won't change the outcome, but if you file without one, there's a chance you might make some mistakes when completing the form.
  19. Sandra G.
    They may ask about your VAWA case, but usually they do not ask for details of the abuse . If needed, you can respond with, 'I’m happy to answer general questions, but I’d prefer not to discuss personal details from my VAWA case unless absolutely necessary.'
  20. Sandra G.
    One of my clients, who is a green card holder, was sent to secondary inspection upon re-entry. They questioned him extensively about his VAWA case, particularly focusing on the dates of abuse he mentioned in his affidavit. Be prepared to answer detailed questions if you're in a similar situation. Carry a copy of your I-360 approval notice. If the officer asks about the abuse, you can say, " I’m glad to answer your questions, but some of this involves protected information related to my VAWA case. I’d prefer to speak with a supervisor regarding this matter," or just answer the questions; it's up to you.
  21. Sandra G.
    He is from England.
  22. Sandra G.
    Since you've filed EOIR-42B with the court, the immigration court typically has jurisdiction over your case. However, once you have an approved I-360, the immigration court may allow you to adjust status with USCIS, but you have to request that your case be administratively closed so that USCIS can process your I-485.
  23. Sandra G.
    They weren't deporting individuals before, but with the new administration, nothing is certain anymore.
  24. Sandra G.
    Hi folks, last week, a client of mine, who is a green card holder, returned from an overseas trip. He was referred for secondary inspection, where the officer repeatedly asked about his VAWA case. He had to provide details about the case from the moment he first met his wife. Things are changing significantly when entering the country.
  25. Sandra G.
    I sent you a private message.
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