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Jhn

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    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    1 hour ago, Modu said:

    It dosent start from scratch.... we have a case like that here on the trend.. go ask the person, when his case was reopened its did take 3months before the i360 was approved .... my lawyer also told me abt this.... it's an appeal to reopencase and correct ur errors and continue...

    Ofcourse Sandra is 1000000% right. Motion to reopen/reconsider which carrys a specific time  mostly 30days to respond  is different from filling for a new application. Please get your fact right. Thank you

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    24 minutes ago, shayona said:

    Hi Sandranj

     

    Hope you are having great vacation time in Europe :)

    I have some serious questions about my ongoing VAWA petition process. I have submitted I-360, I-765 and I-485 all together on 5th Oct-10 and they have received it and generated receipt on 10/10/2018. Since then they have issued RFE for good moral character on 12/04/2018, which  my lawyer has responded on 4th Jan'19 with all required evidences and papers provided by me. On same day my lawyer also have resubmitted the fee waiver request for I-765 and my I-485 with proofs of financial hardships.  Its almost 2 months now we have submitted RFE response packet and fee waiver request but no update at all from USCIS. It's seriously so much depressing that USCIS hasn't updated my status yet. Couple of times I contacted my lawyer, but she said USCIS has already received your papers but they wouldn't update anything online. And she said, "As they have received my RFE and fee waiver papers I don't have to worry about anything".  

     

    I seriously don't understand what exactly going on with my VAWA. Could you please help me to understand following; 

     

    1) How can I know whether USCIS has received my RFE packet or not ? If USCIS  has received it then Why don't they updating my status ?  Is anyone has same experience like me that USCIS hasn't updated online status after 2 months of submitting RFE response? 

     

    2)  How much time USICS takes to issue appointment for bio-metrics after receiving Fee waiver request for I-765 along with I-485 ? After initial denial of my fee waiver request, this time my lawyer has resubmitted it with proofs of financial hardship. 

     

    3) The 87 days of given time period for replying my RFE will be approaching next week. Per my lawyer USCIS has received my documents but as they haven't updated my status yet what should I do ? Is it gonna considered like I have missed deadline for submitting RFE ? If they haven't received RFE packet then what could happen to my VAWA application ? 

     

    Please Sandra reply me, I am seriously going through extreme sadness these days because of this situation and one the top of being out of work alsmost for 1.5 years, financial crisis killing me everyday.  Just prayer hard to almighty God for more mercy. Please help me........

     

     

     

     

     

     

     

     

     

     

     

     

    Did post office mail back return receipt. If yes you should be good. Stay positive 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    17 minutes ago, Gogetter18 said:

    @Bryan12 Hi. It truly is very frustrating waiting for almost 6 months to receive an EAD in order to work, and sometimes when it does arrive, it takes prospective employers another one or two months to "verify" their status, meaning that most people have to wait nearly one year to work. One would think that it would be a priority for them to promptly issue EADs to those who qualify, that way, they'll have less people on welfare.

    That said, they're currently processing EAD applications filed September 26 2018.  Sad as it is, many applications had EAD filed under category C31 and when the error was discovered, and EAD reapplied under C09, USCIS only starts counting from the receipt date of the new EAD application, so yes, patience is key right now, I truly understand that it must be so unbearable trying to cope without a job, especially in this economy, and the bills keep coming non-stop.

    Please hang in there. All the best!!

    @Bryan12 I completely understand your earlier post. how I wish I’m uscis, no one will have face this double jeopardy. But we all know uscis won’t pardon your lawyer mistake. Your EAD c9 will surely come. But your fight will begin when it’s out of processing time. I filled for expedited EAD c9 via my Congressman aswell  and was granted. But I believed it was granted not because I have the best reasons. But  because it’s already out of processing time, therefore uscis has not excuse for denial. It was 7months. Keep the hope alive. God bless 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    3 hours ago, Bryan12 said:

    So you mean they only accept letter of job offer and they don’t consider financial hardship to expedite the process 

    I believed that to get expedited EAD, you need a job offer or your current ead about to expire and your employer give you a letter to uscis for quick renewal. But don’t you think it’s too early to ask for expedited EAD? A first time December 31st applicant. That’s bearly one month few days ago. 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted · Edited by Jhn

    1 hour ago, MariFD said:

    I applied in December for EAD (C9) .. I reached out to my congressmen too. They put in a request for Expedited due to financial loss / bills and no income to buy my medicine for mental health.... 

     

    It was denied by USCIS. I don't understand why If I had a valid reason... Congressman sent email saying

     

     

    :Good morning XXXXXXXXXX,

     

    I unfortunately received the following message from USCIS stating that they have denied our request to expedite your case:

     

     

    Thank you for your February 5, 2019, inquiry on behalf of your constituent, XXXXXXXXXXXXXXXX , regarding her request to expedite the processing of the Application for Employment Authorization (Form I-765) she filed with U.S. Citizenship and Immigration Services (USCIS).  Thank you for providing a Privacy Act release signed by XXXXXXXXXX.  The signature has been verified and Congressman office is now authorized to make inquiries on her behalf. 

     

    Your constituent’s request for expedited processing has been denied.

     

    Requests for expedited service are reviewed on a case-by-case basis and may only be granted at the discretion of the Center Director or higher.  The burden is on the applicant to demonstrate that one or more of the expedite criteria have been met.  The criteria are as follows:

     

    • Severe financial loss to company or individual;
    • Extreme emergent situation;
    • Humanitarian situation;
    • Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States;
    • Department of Defense or National Interest Situation (e.g., imminent military deployment) (Note: Request must come from an official United States Government entity and state that delay will be detrimental to our Government);
    • USCIS error; or
    • Compelling interest of USCIS.

     

    The documents that your constituent submitted failed to establish a level of extreme concern that would meet one of these criteria.  It is the sole responsibility of the person making the expedite request to establish and support the request.

     

    On December 31, 2018, your constituent filed Form I-765 with USCIS.  Your constituent’s Form I-765 is currently pending processing at the Vermont Service Center (VSC).  Case inquiry date for Form I-765 is September 14, 2018, with current estimated processing time between 2.5 to 5 months.  See USCIS Processing Times web page at:  https://egov.uscis.gov/processing-times/  

     

    Regards,

     

    Mark

    Congressional

    Vermont Service Center

    U.S. Citizenship and Immigration Services

     

     

     

    Has anyone sent in a request again?? I do not know what to do but wait... 

     

     

    Without a letter of  job offer, you cannot get expedited EAD anymore. Uscis knows that every EAD applicant suffer financial loss anyway.

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    1 hour ago, FeDaniela said:

    Good Explanation, they are not taking until consideration she reenter with a Valid Tourism Visa, is not associated she needed the AP. Slightly mistake, But Filing a new i485 I don't think it will solve the problem, she went to the interview base on the Approve VAWA already USCIS already know she have an Approve VAWA. The problem the grounds of inadmissibility has being apply. or abandoned grounds... Maybe the need of Waiver should be need it.  

    I believe she can file new I-485 and get her greencard. The old I-485 was abandoned, therefore was denied. Uscis can denie your I-485 for many reasons, abandonment, not showing up for interview, failed interview and many others. This does not prevent you from filling a new application as long as you don’t abandon or make same mistake again. 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    5 hours ago, Mnmnm said:

    My visitor visa was valid then so I presented my passport like I usually do and they stamped me with visitoovisa and let me In

    I think I understand your situation. It’s not your fault in part. Your valid reentry visa is sufficient so you don’t need AP For reentry. But you also shouldn’t have applied for AP since you have a valid visa. There’s no way CBP can stamp your AP now and backdate the stamp when you were never even paroled. What you should do now is to take infopass or walk-in to uscis with your lawyer and demand to see SUPERVISOR. This can be resolved I believe. God bless.

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    2 hours ago, Mike2234 said:

    Hi all,

    My wife cheated on me and I found out that recently. She is now filing divorce because she is actually going to marry that another guy. Situation is very crazy and unexpected.
    I will briefly describe the story and in the end pls advise advise if I am eligible for VAWA because I called a lawyer today and they advised to file VAWA after I told my full story.

    So, my wife told me around 1.5 month ago that she is not sure she wants to be with me, I thought maybe she i just stressed by something or idk...so we have been talking about it and her family have been talking to me and her (separately)...no one was getting what's going on and why she is telling that...Her family (mom and sister) was on my side and they know everything. During all this time she was coming home with very expensive gifts (she was saying it is from their Gen Manager...he is getting it for everyone), she was coming with sticky notes with words like I love you, I want to be with you, etc (she told me it is someone random secret admire at work and maybe it is a joke, she said she does know), also once I found her panties in her car...and she just told some bullshit again...like I forget them there dont remember when. So I was truly in love with her and was planning to have babies and live happily, this is why I didn't question that a lot, I trusted my wife. I thought it is normal to trust.
    Then like 1 week ago she told me that she is sleeping with someone from work, she is moving out ASAP and moving in with him, also she is filing divorce, also all that gifts was from this guy and that secret admire was that guy. So, she lied me and her family for a long time. After she told it to everyone, her sister and mom stopped talking with her and cancelled their planned vacation together (they told her, we dont want you to come and be with us). They all dont communicate for a week already, but her sister and mom are talking with me and supporting me, they agree she cheated, they agree she acted inhumanly and very dissrespective. She filed divorce today. During this week we were fighting a lot because we still live together...while this fights she told phrases like: "You are an idiot and it was so easy to lie to you", "I will destroy you, test me and watch", "If you do not sign divorce papers right now, I will take everything from you because they favor wife in this state", "If you do not sign divorce papers right now, I will call USCIS to withdraw my petition and kick you out of this country like tomorrow", "My future is brighter then yours".....etc. Her mom and sister agreed with me that she is doing this because of money (that guy is rich)...she was proudly saying like he will get me a ring for 40k...I will not be able to say NO (after saying to me that she does not want to marry again)...he will pay for my plastic surgery and he will pay for business I want to start, and I dont need to work at all, I am leaving my job in June...because he has a lot of money and he will pay for me. I didn't record her saying any of that, so it is only my personal statement.

    During all this is happening she realized that I am very psychologically distressed...I am really down by this. I can't believe my wife cheated on me and how she is acting towards me now - very aggressive and with no pity. So, she said I need to go to therapist because I need mental help. I agree with that because I was never so much down in my life, I really need help. So she will take me to the doctor I guess, or I will go alone. I will probably need multiple visits because situation with my mental state is very hard. I do not even believe what I am typing now here for you. I want to believe that this isnt my story...but it is. 

    So after saying all of this to random lawyer I called today...lawyer said that apply for VAWA. I am thinking is there any sense in applying or it is just a chance for lawyer to make money and this is why she is telling so?
    Please advise what are the chances of getting VAWA approved, especially for man.
    P.S: I am now pending AOS from K1, interview was not scheduled yet. I have an EAD and AP (will it be cancelled and when in case I am applying for VAWA and not applying?)
    Thank you and love each other, people.

    It’s sad to hear this. But more sadly, cheating is not a ground for filling  vawa. Sandra mentioned this million times already. 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    On 2/2/2019 at 6:49 AM, Texas Girl said:

    Hi Sandra,

     

    I am 2018 filer. Based on the information on this forus I realized that my previous psychological evaluation may be insufficient. Hence i started counseling sessions again with a licensed therapist. I have completed one session so far.

     

    This time I have requested that i need a detailed evaluation of my case to support my immigration petition. My therapist asked me for the format that she can use as she is not familiar with vawa.

    Since i was not sure, couple of days ago I requested my attorney to provide that information. However, i am still waiting on a response. 

    I am a regular follower of the posts here but was afraid to sign up. Now i did, as I wanted to make sure i get a good evaluation to support my case. 

     

    Can you please advise?

     

    Thank you!!

     

    Search for vawa specialist psychologist in your area. They know exactly what uscis is looking for in your evaluation. 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    7 hours ago, Helpasister said:

    Hi Everyone,

     

    I came across this website after doing a lot of research. Please Sandra I need your advice.

     

    I am currently on my Legal student status. I got married December 2017 and I am yet to file my i-485 due to school and all. I have gone through a lot in y marriage and my husband want to file for divorce. I will give you a little things about my marriage and please let me know if I qualify for VAWA because I am loosing my mind. 

    My marriage was sweet from the beginning not until I found out that my husband do bring in a male boyfriend to the house anytime I am out at school. The guy do sleep over in my matrimonial bed anytime I am out and when I come back he will give abusing and insulting me and starving me sexually. He got into a fight with his boyfriend and his boyfriend came over to my apartment to threatening him and me with a knife that involved the police. I was mentally devastated and I was not emotionally stable in school. He got STD from the guy and abandon me at home. I pay the rent every time and he does not contribute to the bills. I finally finished school and got a job in another state. He encouraged me to relocate that he would join me when he sort out his police case with his boyfriend. I relocated November of last year and he December, he started acting up. He stopped picking my calls, on Christmas day he send a message that he wants to file for separation that he is interested in guys,he insults me and call me all sort of names. I traveled over to go see him and we settled it but now it has gotten worst. He stopped picking calls. He said he will not file my papers for me, I called his mum she did not pick.I am emotionally and mentally going crazy. I can focus at my new job. He has my car, he closed down our joint account and withdrew the money,he called me fraud and abandoned me in this new state. I am lonely and I want to enroll for therapist. Please sandra and everyone, what are my options. I am tired of this marriage I want to walk out. I need my Sanity.

    Please help a depressed sister.

     

    Thanks

    I believe you are very qualified for vawa if you have a specialized vawa lawyer. If you live in California, I will recommend a human right activist lawyer who’s job is purely vawa. She’s expensive up to $8k on installment basis. But if she accept to take up your case, you are surely getting an approval. I will send you a pm upon your request as this information might not be ok for non-income individual because of the payment involved.

    accept my sympathy and I believe you will smile at the end. 

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    1 hour ago, Sky4limit said:

    @gogetter18 Thank you so much for your response. My lawyer didn’t even mention anything about renewing the prima facie, I guess he doesn’t know it can be renewed, please do you know how long it takes to be renewed? And for the EAD, he filed it under C31 category and I was trying to explain to him that I read on this forum that vawa applicants can get their EAD before the application is approved under C9 Category, he said I’m not qualified for that, this is why I needed to consult this forum so I can have better clue on what to do. I’m really tired of waiting and now it’s worst that I can’t even drive or get a better job, please kindly advice me on what you think might be best for this situation. Thank you

    If your abuser is a usc. You can file under EAD c09 and receive your EAD is less than 6months

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    39 minutes ago, Ziongirl said:

    Are you an attoney do you know if he is online or not? Please be considerate with your choice of wordings in this platform, people on this platform are hurting and you sounding this mean breaks my heart, you sound as if you know everything,  PLEASE LET him be, as Sandraj said she already advised the person. Am sure the person is working on the issue. 

    I personally don’t think @Psquare comments mean any harm. Lots of people were denied and later approved when they go all out. Though individual story is different but most abusers behave same way. If you open up, someone here might have similar story and tell you how she/he did it to get approved. u ve been denied, do everything possible to get it right. Best of luck

    VAWA, Part 12

    in Effects of Major Family Changes on Immigration Benefits

    Posted

    1 hour ago, Yalcin said:

    Hi Guys I need attorney in NYC

    I applied I-360 case on April 21 2017

    I got denied I-360 case on December 26. 2018

    my attorney was terrible. He did everything wrong.

    I don’t have much time. Now I need immediately good attorney.

    By the way I have asylum case I applied before my marriage, still pending.  

    Thanks.

    What did your lawyer do wrong? Be completely open my dear. This is the best forum of vawa cases. 

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