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Touna
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Posts posted by Touna
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1 minute ago, balo101 said:
Whatever USCIS website says. That's the correct one.
I understand your confusion. I had same concern when i sent my renewal last year. Just put the address that you see on th
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Hello,
Has anyone filed a 290b ? ( motion to reopen/reconsider) Not appeal ?
What's the processing time ?
Thank you.
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Hello,
So uscis sent me an RFE,
They claim that my marriage met the normal standards of a bona fide marriage, however since I'm in removal proceedings, section 204(g) applies ( higher burden of proof), and I need to submit more clear and convincing evidence .
Anyone had to go through this before?
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40 minutes ago, VolksWagon99 said:
Any idea whats the over all approval rate for VAWA? And does that varies on diff states/Offices?
...And how you file the appeal after AAO too denies it? What are most usual reasons for denials?
US District Court of Appeals
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On 12/26/2021 at 9:38 AM, Demise said:
You can file I-290B after a denial to get an appeal going after denial. That being said from my reading of AAO decisions it looks like maybe 5% prevail on appeal. Most cases that get there are basically defective from the get go and there's generally no curing that.
That being said, USCIS won't issue a straight up denial on an I-360, you will get an RFE or a NOID (or in some cases 1 of each) to let you address any inconsistencies, deficiencies, etc before they'll deny you.
You are completely wrong On this one,
If you file an appeal , the appeal goes to Vermont first to take another look , and sometimes they approve it after a denial, if they are still denying, then it goes to AAO.
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Anyone still waiting for approval since 2018 ?
My Time-line is
Submitted August 2018
RFE JUNE 2021 ( GMC. Bona-fide marriage)
RFE Response August 2021
Still waiting
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Just now, Sk N said:
when did you file ? when was your last RFE?
Filed Aug 2018
Only 1 RFE JUNE 2021
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2 hours ago, Zzz___1 said:
Thank you for letting me know.
may I ask you if you have had everything they’ve been asking for? The only reason I’m asking is that they specifically requested a ton of finance-related proofs from me under my bona-fide RFE and I literally had nothing..
I’ve been waiting to hear back from them for 4 mo already and I am freaking out that they are preparing denial. Thank you
I already sent them tons of evidence in my initial filing, and the admitted that my marriage was in good faith , however they said they want more because I am in removal proceedings, and I need to prove it beyond any reasonable doubt.
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1 minute ago, Zzz___1 said:
What was your RFE about, if you don’t mind answering?
GMC & bona fide marriage
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Hello guys,
So since I submitted my vawa petition back in Aug 2018, I didn't receive anything, no prima facie , no rfe , nothing!
Until today I woke up to an update saying that a RFE was sent ?
Any idea what the rfe is about ?
And how long after they receive the response, they make a decision?
Thanks
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Hello everyone,
I have a question, my vawa still pending and I'm going through divorce, my wife's attorney is filing subpeonas left and right for my bank accounts,
Is there statues that protect my privacy ?
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5 minutes ago, BlueTiger92 said:
this is good to know! Can the abusive spouse also use FOIA to access your VAWA case or other USCIS applications?
Can FOIA be used to find a receipt number?
Yes Foia can be used to find receipt numbers,
However only you can file a FOIA about yourself.
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On 11/21/2020 at 4:54 PM, Strife said:
Oh dear! Don’t worry about the abuser’s letters to USCIS. I had the exact same worry but see, I was approved and so were others. Neither are you the first, nor the last person with such an issue. That’s the main reason why VAWA law was enacted, to give victims the power of independence free from their abusers influence. And immigration is just one part of that vast law.
On another note, I wasn’t aware that with FIOA, we can access letters written about us by our abusive partners/ex-partners.I believe we should aggressively market this forum so that those in need can find an encyclopedia of relevant and correct knowledge here rather than hiring lawyers who have to be educated by us on the VAWA process!
To the pioneers of this forum; THANK YOU!
FOIA is a very powerful and effective tool , and sadly not used often by applicants, especially in complicated cases
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Hello everyone,
I filed for vawa in 2018 and my petition is still pending,
My abusive ex ( still legally married, going through pending) doesn't know anything about it, however she wants me deported, and she is still sending letters to USCIS up to this day ( I found out through FOIA requests to uscis )
My question is will the officer making a decision on my case have access to the letters she is sending or not .
Thank you.
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2 minutes ago, aquila said:
Like @sandranj mentioned earlier please don't do it. I know it can be very frustrating and might feel nothing is happening but be rest assured that they're working on your case. Thank God you have an update from a case inquiry.
From my personal experience I had no updates and my case was filed in Feb 2017 and got approved June 2020. 40 months my dear
My concern is , I would rather get an approval or a denial now , than a year later .it's already 5 months beyond the normal processes time.
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Just now, sandranj said:
Why are you considering to file a writ of mandamus?it’s very clear what USCIS is doing in your case
It has been over 26 months
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1 minute ago, sandranj said:
If USCIS is still doing background check then the mandamus will not help you at all.
This is the response I had from the senator's office
Good morning Tran,
Thank you for your August 3, 2020 letter inquiring about the case status of xxxxxxxxxxxxxxx Form I-360, Petition for Amerasian, Widower, or Special Immigrant, receipt number xxxxxxxxxxxx. Thank you for the attached, signed Privacy Act release (PR) from your constituent. We have verified the signature on the PR against what we have on file and we are now able to release the following information to Senator Durbin's office.
Your constituent's Form I-360 is currently under the jurisdiction of the Vermont Service Center (VSC) and has been consolidated into Txxxxxxxx. I have transferred Txxxxxxxxx to a supervisor in the appropriate unit who will the assign it to an adjudicating officer for review. You may wish to, periodically, contact our office for the latest case status update.
We hope this information is helpful. If we may be of further assistance, please let us know.
Sincerely,
Congressional Liaison Vermont Service Center U.S. Citizenship and Immigration Services Department of Homeland Securit
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On 10/23/2020 at 8:35 AM, sandranj said:
Probably is taking long time because the background and security checks.
I was thinking to file a lawsuit against USCIS in court or a mandamus at the least , if nothing happens by the end of November
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21 minutes ago, Iceman1 said:
You should reach out to your Congress person and have them submit an inquiry on your behalf.
I did , and this was the response
Your constituent's Form I-360 is currently under the jurisdiction of the Vermont Service Center (VSC) and has been consolidated into Txxxxxxxx. I have transferred Txxxxxxxx to a supervisor in the appropriate unit who will the assign it to an adjudicating officer for review. You may wish to, periodically, contact our office for the latest case status update.
We hope this information is helpful. If we may be of further assistance, please let us know.
Sincerely,
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Hello everyone!
My i360 is been pending now for 26 months , no rfe , no pf , absolutely nothing!
Any ideas why is taking this long?
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On 7/27/2020 at 3:44 PM, sandranj said:
Because the INA Law states If the person is in removal proceedings and departs the U.S, even with AP the person will be subject to removal as soon she/he enters in the U.S.
If someone files for asylum is because the person fears for her/his life, once the person travels to her home Country the asylum would be considered "frivolous".A frivolous asylum makes the person inadmissible to get a green card.
In some cases, even when you are in removal proceedings , you can file for advance parole with the DOJ ( immigration court ) Not USCIS , this is something not everyone know , and you won't find it on Google lol
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36 minutes ago, 西苑二楼 said:
Thank you, Sandra. Pardon me for my stupid question. What about April filers in 2019?
August 2018 and still waiting
VAWA, Part 26
in Effects of Major Family Changes on Immigration Benefits
Posted · Edited by Touna
Vawa timeline:
( in removal since July 2008 with a pending i589 submitted in October 2008)
August 2018 filed i360
October 2018 RFE : G28
JUNE 2021 RFE: bona-fide marriage 204g & GMC
December 2021: Denial for not meeting 204g
January 2022 : i290b motion to reopen & reconsider filed
March 2022 : 42b vawa filed ( hearing scheduled February 15 2023)
February 14 2023: I290b motion to reopen approval/ I360 granted
February 15 2023 :
Withdrew i589 that was pending for 15 years ( judge cannot rule on 42b while immigrant have a pending petition )
we decided to move ahead with 42b trial , since approval letter not yet received, and 42b vawa approved also.
Between 2017 & 2022 i was arrested 4 times and criminally charged for domestic violence after false allegations from my ex ( in all 4 cases went to trial and I was found NOT GUILTY )
And twice detained by immigration and bonded out
Moral of the story : hire a good attorney and fight like hell and never lose hope, God is great.
Note:
Lawyers fees between Immigration & criminal: +$135.000 ( over the span of 5 years)