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Sandra G.

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Everything posted by Sandra G.

  1. You wrote "You can file both I-360 /I-485 at same time if your abuser was a US citizen…no drawbacks, nor advantages…overall a good strategy." People won't be removed from the country if VAWA is denied. However, if I-485 is filed and VAWA is denied, they will be removed, so there's a drawback.
  2. Your I-130 priority date can't be transferred to your I-360. They will not remove you if your Vawa is denied. However, if you filed I-485 and the VAWA was denied then they will remove you. But if your case is strong then you shouldn't worry about it.
  3. You count from the day specified in your green card.
  4. 1- If you AP is valid, you can use it at any time 2-It's taking NYC 14/18 months to schedule the interview 3-They might set up the interview or not.
  5. Call your congressperson to inquire on your behalf.
  6. Just from Visa Journey's members, I have handled over 25 cases of bigamy, with all of them receiving their green cards through VAWA without any issues, however naturalization the situation is quite different.
  7. Simply state that you would like to speak with a Tier 2. A Tier 2 will contact you back.
  8. WHEN CAN I APPLY FOR NATURALIZATION TO BECOME A U.S. CITIZEN? Eligible survivors of domestic violence who obtained their Green Card as the spouse or child of a U.S. citizen who subjected them to battery or extreme mental cruelty may apply for naturalization after residing in the U.S. for 3 years as a lawful permanent resident. This includes individuals with: • An approved I-360 VAWA self-petition. https://www.uscis.gov/sites/default/files/document/fact-sheets/DO_FactSheet_NatzForVAWALawfulPermResidents_V3_508.pdf
  9. Do not file for annulment. Divorce or Annulment A person’s marital status may be terminated by a judicial divorce or by an annulment. A divorce or annulment breaks the marital relationship. The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed.[24] The result of annulment is to declare a marriage null and void from its inception. An annulment is usually retroactive, meaning that the marriage is considered to be invalid from the beginning. A court's jurisdiction to grant an annulment is set forth in the various divorce statutes and generally requires residence or domicile of the parties in that jurisdiction. When a marriage has been annulled, it is documented by a court order or decree. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2#:~:text=The applicant is no longer,the naturalization application is filed. There is one decision about this matter, link below. The doctrine applies to all annulments irrespective of the ground. https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2271.pdf
  10. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6#:~:text=5.,the applicant resided before departure.
  11. Your residency is where you filed your taxes. If your address isn't the same as what USCIS has on file, let them know.
  12. Your residency is where you filed your taxes. Your N400 won't be affected.
  13. A few of my cases got approved over 4/6 months after we sent them the medical.
  14. Ask USCIS to search in their records about her immigration status, send copy of her SSN), and USCIS will conduct a search of DHS records to verify her status.
  15. Did you submit.a copy of the I-360 receipt along with your I-485?
  16. The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen. The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen. The USCIS has issued Green cards in error in many cases, and the officer adjudicating the N400 may ask for additional documentation if he notices the error. In the event that the applicant was not able to prove that his or her spouse was a U.S citizen or GC holder for whatever reason, then the GC was issued incorrectly. A social security card or driver's license does not constitute proof that a person is a U.S. citizen.
  17. If your friends and family knew about the abuse, include their affidavits.
  18. https://www.uscis.gov/forms/uscis-early-filing-calculator
  19. The translation can be done by anyone fluent in english, but he can't translate tho. It doesn't need to be notarized, but whoever translates must provide a translation certification. https://immigrantjustice.org/sites/default/files/Appendix J - Certificates of Translation for Foreign Affidavits and Documents.pdf
  20. Get affidavits from FAMILY and friends that know about the abuse, specially when the abuse was happening.
  21. You still can use your work permit, if she doesn't withdraw forms I-485/I-864.
  22. A compelling reason must be provided as to why your children are not included in your petition, otherwise you are screwed. You can be considered to have lied or omitted about them and you can have a significant problem of misrepresentation.In your affidavit, did you mention your kids? Do you have an attorney who has handled your application?
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