MsVi2

And, does anyone know if they will be using my Vawa received date (Nov 2016), Vawa approval date (March 2018) the i-485 transfer date (December 2019) to set my priority date for my AOS??  I can't seem to find an answer for that.

@sandranj

Hello all!

I just received a case update that my AOS was transferred to a different office, my Vawa was approved March 2018, originally submitted Nov 2016, I had to submit my AOS 3 times this past year because they kept denying my fee waiver, the 3rd time it was accepted with the help of my local congressman asking why they kept denying when all proof was there, my biometrics appointment was scheduled not 1 week after it was accepted (which surprised me at how fast it was) and now it's being transferred, it has only been about 2 months since they accepted it, is this the normal timeframe or is this being expedited automatically? The congressman was going to submit an expedite request after they had asked the Vermont center director to look at my 3rd submission, but now do I wait for it to be transferred to submit the expedite or wait to see if it's being expedited on its own??  

1 hour ago, Ziongirl said:

Am sorry to hear that, but please try this summer work your self up save up and send the application,  its for your good, the fact that you have a lot if public benefits might be the reason for denial, maybe the officer recieving your application is looking at that and denying you. Am sure he is like. If we are paying for her before he/she gets their status what if they get it? They won't work!! So please get the funds and just pay and get your case moving! Am sorry if I offended you, but in this political climate be careful

We're VAWA petitioners, we're granted access to public benefits from the moment you receive your Prima Facie, they cannot deny you based on using means tested benefits, please please please understand that VAWA self-petitioners have different requirement and benefits than normal petitioners. 

There is a reason I filed for the fee waiver, you think if I had the money to pay the fee I wouldn't?  Let's ignore the fact that I'm in classes most of the day, even if I wanted to work part time in the evenings I would have to pay childcare for 2 toddlers and an adult daycare for my disabled family member out of pocket, the minimun wage in the state I live in is $7.25 even if I got paid more than that all of my earnings would be going to pay for child/adult care.  So please don't think that I'm trying to be lazy and asking for a fee waiver because I don't want to work, there is alot more going on in my circumstances and reasons to why I'm receiving benefits.  The entire point of my post is that I qualify for the fee waiver based on their own criteria and they are denying it and ignoring all the evidence I've sent them showing it.   I shouldn't have to justify why i'm going through financial hardship on top of everything, that's similar to victim blaming. (and I mean this in the sense that they ask for proof of hardship, I should not have to explain why i'm facing that hardship or have them judge and deny it because they believe I can work solely on the fact that I received my EAD.  I couldn't even get a SSN without the EAD, so it was needed for more than just work authorization.)

Oh, and let's not forget that my EAD expires next week, because I've been trying to get my AOS and my EAD renewal accepted for the last 7 months but it keeps being sent back. so now I really can't "work and save up money" to pay the fee anyway.  🙄

2 minutes ago, namastenyc said:

I’m really sorry to hear this. Ths kegak assistajt at the non-profit advised me to gather the funds and plan ahead and prepare to pay the fees in advance. She told me ages ago the it’s extremely difficult to get the fees waived. Your experience proves it because based on your need, immigration status, circumstances, you clearly met the eligibility criteria to qualify for other relief based on your present ability to pay according to certain income guidelines set forth. 

When I submitted my Vawa it was also submitted with a fee waiver and that was approved even though we provided less proof than this time.  The attorney who helped me says that the current political climate is what's causing them to be more strict and make mistakes and issue denials when they shouldn't be, and it's so frustrating because there isn't really an appeal process for the fee waivers.  

I am beyond frustrated!  So it's been over a year since my Vawa was approved, twice now I have submitted my adjustment of status package along with the I-912 Fee waiver and twice it has been sent back denied, we are at a loss because the second time we included even more information.  I'm a full time student, we receive section 8 housing, Snap food benefits, both my toddlers have medicaid and our only source of income is $850 in social security disability, I included so much information and bank statements, my school paperwork showing I receive the full pell grant, proving all the means-tested benefits I have and they still denied the fee-waiver even though we are definitely below the 150% poverty line and proved we receive several public benefits.  What the heck  else am I suppose to provide for them? The attorney who helped me submit everything is furious, saying that it absolutely qualifies and that she doesn't understand why they are denying fee waivers that more than qualify under their guidelines.  I'm contacting my Senator's office in the mean time as well to see if they can help me. 

Oh, and my EAD expires next week, so if they were denying it based on that fact alone that I had an EAD, well NOT ANYMORE.

Hello my lovely VAWA thread! I'm back! 

So my VAWA was approved March of 2018, and I had to wait to file my i-485.  We finally mailed it out the first week of January 2019 to the Vermont office (along with my ead renewal and fee waiver), and it has now been over 8 weeks and I have to receive a receipt, so I have no receipt number... which I desperately need to track my case and possibly begin a new expedite request once it's sent to my local office.   

Anyone else seeing a delay in receipts being mailed out?  Is there an alternative to getting my receipt number? 

57 minutes ago, Bryan12 said:

Thanks so much for the clarification.

 

luckly enough I have a SSN I got back while in school when I first come to the US with a F1.

 

Hope applying for FAFSA does not affect my application in any way?

Not at all, being VAWA you are exempt from the public benefits requirement. You are allowed to use public and federal aid, it doesn't make you a public charge when you do your Adjustment of Status.  

So go for it! Apply for that FAFSA! 

2 hours ago, Bryan12 said:

Hello everyone/Sandra.

 

i will first say this forum has been of a great help even though am a silent reader.

 

i have a few questions and will gladly appreciate  your reply and answers.

 

i have a prime facie for a year duration.

i want to go back to school and at the same time apply for financial aid.

 

my question is that with this document,is it possible to go back to school and apply for financial aid with the prime facie.

 

thanks 

I can actually answer this question extremely well because I've been working with the Dept of Education in a Washington DC since March on this very subject!

You can use your Prima Facie to apply for FAFSA, however, there is a catch. You must have a valid Social Security number or the FAFSA will not go through.  The person who wrote the policy for VAWA and FAFSA even signed a letter for me to present at the Social Security Administration to try and get a "not valid for work" SSN while waiting for my EAD to arrive, but they said the letter was not strong enough even though it came straight from Washington DC. 

So, unless you have a Social security number, you won't be able to get FAFSA until you do. 

3 hours ago, SssMay said:

Happy Independence Day everyone. I hope you guys have a wonderful day. As we known, USCIS posted a new policy which named “Notice of appear”. This policy mentioned that if someone’s I 485 application got denied, they probably receive the notice of appear. Some people got old i485 denied because their spouse withdrawal their i130 app. So my question is does this policy can affects our processing of vawa petitions?

This reply is for everyone freaking out about this new update.  If you have a pending VAWA your 485 can be held in "abeyance" until your VAWA is either approved or denied. 

Sandra has posted numerous times that you place yourself at risk of deportation if you filed the 485 and then your VAWA IS DENIED. 

While you are waiting, even if for some reason deportation proceedings were started you can request it wait until your VAWA is adjucated.  Hopefully this helps calm some of you down.

On 7/1/2018 at 5:27 AM, sandranj said:

Just to clarify something here,if someone was removed from the U.S an reentered without inspection this situation makes the person inadmissible, permanently, but if the person can prove the connection between the abuse suffered and her/his removal,departure and reentry then the person can file an waiver to overcome the inadmissibility.

@sandranj So if someone left the US  as an adult after having unlawful presence since childhood, but was never deported (meaning they just left on their own, immigration was never involved.) And they came back, through a port of entry and overstayed again, as VAWA are they exempt from the 10 year bar for coming back after being unlawful???? 

Wait, you mentioned that your I-485 was approved, but you got an interview for said approved petition after it was approved??  
 

Usually... when you go to your 485 interview, you ask that they put your petition on hold until your VAWA is approved, specially because of the long processing time for VAWA. 

@Military  My reply was before I read that there was an "illegal" entry, if you entered without being inspected at a port of entry then you will need a waiver for sure.  It's when you entered legally but overstayed and never left the US when the requirement of a waiver becomes ambiguous, I have known people who did not need a waiver when filing AOS if their unlawful presence occured after overstaying their allotted time and never left the US.  

But we can all agree, that consulting an attorney is a must, for sure!

5 minutes ago, MariFD said:

Thank you for the information. I wish I could afford a lawyer who is experienced with waivers. I have no income at the moment. I have looked around to see if there is a pro bono lawyer who is experienced with VAWA cases , but no luck.... I will keep looking. For now this forum and google search is all I have to prepare my VAWA case. I'll look into the I-601 waiver. THANK you @MsVi2 . 

I know how it is,  I'm still waiting for my EAD so I can save up to pay my attorney to start my waiver process.  But please DO NOT do it on your own, not when it comes to waivers.  Consult with attorney and see what they will charge you, and if they can work with you on a payment plan or at least allow you save up to pay them.  Try and get a loan just for the attorney if you must but please, whatever do you, do not try to do the waiver process yourself.    Best of luck @MariFD

5 hours ago, Goyo said:

That’s what I am trying to find out. If there is a need to fill the waiver even thought you never left the country. I went to the uscis website and read and the form 601 and there is only a box to check if you entered illegally and departed and rentered. I sent a message to @sandranj she is the profesional here. I hope she gets the chance to answer my question soon. 

"Applicants for an immigrant visa or adjustment of status as a Violence Against Women (VAWA) self-petitioner or children of VAWA self-petitioners may use Form I-601 to obtain relief from all grounds of inadmissibility listed above and INA section 212(a)(9)(C)(i) unlawful presence following previous immigration violations. If you are a VAWA self-petitioner and you believe you are inadmissible based on any of the above grounds, please contact an attorney to discuss your grounds of inadmissibility. In some cases, VAWA applicants may not need to file an I-601 waiver;"

@MariFD Like I've in a previous post, if you think you might have an inadmissibility you need to consult with an attorney who specializes in waivers.  They can look through ALL of your paperwork and situation and can tell you if you will or will not need a Waiver.  I know that some VAWA self petitioners have not needed to file a waiver if they entered legally, overstayed and never left the US.  

I myself I'm going through the process of a waiver because I have 2 inadmissibilities that I accidentally triggered when my parents made me leave with them and I came back on my own, and the waiver process can be complicated and it carries a risk of being denied relief.  So please please please find an attorney with experience filing waivers. 

2 hours ago, Mayitam said:

How did you find out prima was kept from you? 

I haven’t receive mine either 

sent March 2017 

please help! 

After a year I started making inquiries about it, and when talking to the people who submitted my paperwork I told them I hadn't even gotten prima facie.  That's when they said to me, "no we're pretty sure you got prima facie" and they went to check.  They had gotten my Prima Facie and no one sent it out to me, they just filed away and never notified me.  I would have never found out if I hadn't begun inquiring about my case. 

2 hours ago, Valerie899 said:

It can\cant , its up to the officer to judge the form i-485 I overstayed with my visa, and I’m scare I would get denied. We dont know, its 50/50 since the i-485 is not based on vawa anymore. 

As someone who is working VERY closely with the waiver process and inadmissibilities, I can tell you that overstaying will not cause a denial and if I'm not mistaken you don't need to even file a waiver for illegal presence due to an overstay, specially because you filed VAWA.  Being a vawa self petitioner does grant certain exemptions, as well as changing the requirements needed to prove hardship on Waivers. 

Do not do the 485 process alone though, hire an attorney who is experienced with waivers because they will know whether you need to file a waiver or not, and if you do, you want someone who is experienced writing and submitting them. 

1 hour ago, iwillsurvive said:

No, VAWA is very forgiving because USCIS knows that a lot of time this is caused because of the abuse because many abusers use immigration as a way to control their victim spouses. 

@MariFD Not with Vawa, but when you do your i-485 Adjustment of Status, you might need to submit a waiver for it.  I highly suggest you do your AOS with an attorney who has experience with waivers. 

Just now, Kleenex12 said:

When did u file your 1-360?has it been approved?

November 2016 and yes, it was approved in March 2018. 

Here's my timeline I posted back on page 10.  

So! 

Just found a few things out via my Senator.  My Expedite request for my c31 EAD sent back in March was finally approved a few weeks ago, they were ready to send it for production (without biometrics) but apparently because they seperated my i765 from my i360 (hence why my expedite request took so long to be approved, because they had shelved my petition and no one saw my expedite request.)  they are sending me an RFE for proof of identification even though everything was already submitted with my VAWA.  

Why does this have to be so redundant!  But at least I know that this part of the process if finally almost done! 

 

7 hours ago, Military said:

I got this alert yesterday and then later the status changed to "we ordered your new card" I did some research on the card production for persons who have received EAD under C31 even without applying or even before they have received approval for form I360. I found the following:

 

"Form I 360 nowadays has a question 12: if an applicant would like to receive an employment authorization incident to the approval of I 360 form. If an applicant checks this box, then he/she would receive an employment authorization after the approval of I 360 form automatically, without filing I 765 form, under c(31) eligibility category."

 

I checked and saw on form I360 that question 12 under section 10 has the EAD question, could it, therefore, mean that persons receiving EAD under C31 have been approved and likely will receive that formal approval soon? The new DHS site currently shows the following for the status of my I360. 

 

 

June 13, 2018

We are producing your card and will mail it to you

You do not need to do anything at this time

We will mail your Green Card, employment authorization document (EAD), or combo card (EAD and advance parole) to the address you gave us. It may take up to 120 days to deliver your new card.

If your mailing address changes, update your address with us.

See, this is what's not making any sense!  Since when did USCIS start issuing c31 EAD cards before VAWA was approved??? There are people waiting for their c31 EAD months after VAWA was approved and haven't heard a peep. (me included). 

What the heck is going on? 

3 hours ago, Kleenex12 said:

I guess it’s an Approval of your 1-360!🙏🙏cus most people have got cards without applying for so it might be that your case was approved 

I've been seeing people receiving EAD under c(31) before Vawa approval.  I wonder if this is something they are changing internally since VAWA cases are taking so long? 

I filed Nov 2016, My Vawa was approved this March, and I still don't have any updates on my C31 EAD.  At this rate, it will have taken 2 years to get my EAD, people can't survive such a long time without working!  So if they are changing it, and they are going to be issuing work permits while Vawa is pending, it would be amazing. 

18 hours ago, Ms.Green said:

 

February 2017    - Received EAD card and Biometrics Appointment (got my EAD without biometrics)

 

I didn't even know that was possible!!

53 minutes ago, digonyc said:

you got the approval notice but no ead c31 yet? 

Nope, I even requested an expedite and it was ignored.  

4 hours ago, digonyc said:

I had the same update. A week later a EAD C31 arrived. This card is only supposed to be issued after a approval case

What the heck, that is super unusual!  My VAWA was approved back in March and I'm still waiting to hear anything about my EAD. 

1 minute ago, Florecita_Bella said:

Hi friends!
Can someone please clarify if this news that just came out on CNN refers to Vawa cases?

 

"Trump admin drops asylum protections for domestic violence victims"

https://www.cnn.com/2018/06/11/politics/jeff-sessions-asylum-decision/index.html

 

 

No, this is specifically for people seeking asylum, they are dropping those two qualifying circumstances, so if you suffered domestic violence in your home country or gang violence you can no longer use that to qualify for asylum.