gina12

Hi Everybody,

I have been out of pocket, was struggling with some family issues, and threats of my spouse. I need some help - my EAD expires in 4 months time. I was being helped by legal Aid - I had to change states. Now that I am in a different state and my EAD is about to expire - my attorneys would not help me with the renewal.

What forms would I have to fill for renewal and where do I send them - because originally everything in my case was sent to Vermont Service Center with my VAWA packet..

I filed my VAWA in May last year, got EAD within 20 days of filing with a Prima Facie. I haven't heard anything on my petition since then, no rfe's, nothing. I am kind of getting very stressed out because I don't know what to do from here.

Please advice...

I don't know when they touched my case until EWTN mentioned in one of the previous post about touched the file , I don't know about catholic church and also about public benefit too. All I came to know about this VAWA forum and it all very helpful in one way or other and thank all of you who shared the information in this wonderful forum.

Dear Honest,

I can still not check my status online. How many months after filing could you search for your status online. I am just not able to despite of having the EAC number and the prima facie. Is my file in process by any chance, what is really happening, I am really getting stressed about the whole issue.

Please reply

Dear Gina,

Any update on your online status check. Did USCIS update your information on your case.

Dear Honest,

No, I cannot check my status online still. I called the uscis again and they said that I should wait for a month before they can update my status online.

I don't know, I am just hoping that there is no discrepancy in my case. I would highly appreciate if you could guide me a little bit and share your case with me.

Thanks

Forum Friends:

During all these months waiting for my approval, I've searched about VAWA process, I've been helped for some "angels" in this forum and I'm still learning about... PLEASE BEFORE YOU DECIDE TO SEND/REQUEST/DO ANY FURTHER STEP IN YOUR VAWA PROCESS GET ACURATE ADVICES FROM LEGAL SERVICES THAT REALLY KNOW ABOUT VAWA PROCESS. This sharing info is only for our reference and some of these postings could be old, changed or not longer valid. We're not experts in Laws, Policies or Practices within the Department of Homeland Security that support VAWA Immigration processes

Honest: I found this on USCIS website ( section: Humanitarian Benefits)

Q. What if the abusive US citizen/LPR did file a Form I-130 petition on behalf of the battered spouse which is either still pending or was withdrawn?

A. A self-petitioner who is the beneficiary of a Form I-130 petition filed by the abusive spouse will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. This is extremely important for self-petitioners who must wait for a visa number as an earlier priority date will result in a shorter waiting time.

As far as I have read, this is the info that I got from other posting's members:

1. YES, YOU DO have to file a NEW EAD based on your approved I-360. The other one you filed with your ex-spouse back in Jan 2008 is not longer valid at all.

2. NO, YOU DO NOT have to pay again for your I-485, since your ex-spouse's aplication was already paid. My lawyer never told me this, indeed I think he doesn't even know about VAWA process. He requested me to pay I-485 and file it together with my I-360, which it's not even approved ... So, please don't do that mistake and save your money, you'll need it.

3. Your priority date for processing your I-485 would be your ex-spouse's date when you filed I-130 and I-485 together, so at least you have saved NINTEEN MONTHS (1 year and a half).

My understanding is you have your "pending" I-485 based on your I-130, so VERMONT MUST transfer your file (i-360) to the NATIONAL BENEFIT CENTER (where it should be your I-130 & I-485 at this time) and they will process your AOS without cost. This is one of the benefits for us, because we do not have money to pay this fee to immigration again. Regarding to the advance parole document, I still have no info, but as soon as I find something else I will contact you.

NOTE: Please find more info regarding to U Visas at www.nationalimmigrationproject.org, go to U Visa section.

gina 12: I also received my first EAD and got my Driver license valid for 1 year only. That's a normal process. Don't worry. You will be able to renew them next year if your I-360 is still pending. It happened to me, remember I've been waiting for 19 months and I renewed them with no problem. Please don't get stressed out. I understand without info you could get frustrated, but we're all here to share websites, info, experiences, etc, so please feel free to ask. I don't think you're gonna need to come back to shelters, all you have to do, is request renewal of I-765 ninety days before expires. For example, My EAD was going to expire on Octobre 2009 and I requested to my lawyer to renew it on June 2009 and I received my EAC (card) on July 2009. Also, LostinNJ requested his first EAD on July 2009 and got his EAC a month later. So that's the normal process and we both have still our I-360 pending. With your EAC you could renew your driver license. So, you could send your request for renewing I-765 around the end of february 2010 and you should get your EAC on time before your current EAC expires.

Anyway, Gabriela525 posted some info few weeks ago with Frequently asked Questions about getting divorce when we have a pending I-360. These are the answers:

Q. Is a victim eligible to self-petition under VAWA if the abuser became a LPR after the couple divorced, it has been less than 2 years since the termination of marriage and the divorce was connected to the abuse? The issue here is of the abuser becoming an LPR after the marriage.

A.No, because the victim would not have a qualifying relationship.

NOTE from ASISTA: The problem here is the divorce. Read INA § 204(a)(1)((ii)(I)(bb) & (II) closely: The abuser need not be an LPR during the abuse or the marriage (although the abuse must have taken place during the marriage)(I)(bb), BUT the applicant must be married to the abuser at time of filing (II)(aa)(AA) or have been a spouse of an LPR within the past 2 years (II)(aa)(CC). In the hypo, the applicant was divorced before the abuser became an LPR, so she meets neither qualification.

Q.Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

A.If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

Q.Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

A. Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

Q. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

A. No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system.

NOTE from ASISTA: The same privacy protections noted in Q 7 apply here. VSC can’t give out information on an individual’s immigration status without that person’s consent (we wouldn’t want them to do this to our clients, would we?). In our experience, however, VSC strives to discover the information and act accordingly. You can tell what it’s discovered by the preference category in which your client is placed upon approval. PRACTICE POINTER: Give as much detail as possible on where (what office) you think the abuser may have gained LPR or naturalized. The centralized data system is not notably comprehensive and VSC can’t check every local office.

I Hope this info will be helpful for you guys...... Take care........ ETWN

Dear ETWN, thank you so much, I am somewhat relaxed now. Are you married to a USC, I have been learning that it is completely different if you are married to a USC

Thanks again....

Hello everyone!

I am extremely happy today!

I just received notification from CRIS stating that my VAWA got approved!!!

Gotten this approval after waiting for 7 months!!!!!!!

I will include all of you in my prayers!

From: CRIS <USCIS-CRIS@dhs.gov>

Date: September 2, 2009 8:30:01 AM EDT

To: lilibethevangelista@gmail.com

Application Type: I360 , PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT

Current Status: Approval notice sent.

On September 2, 2009, we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Dear Bethbethb,

I am new on this website, would you mind sharing your story with me. I really need some help.

Thanks

Thanks a lot Ghana.

what I have to do next.

I sent my application on 10th March 2009 and got approved on 10th September. Almost 6 months.

wow that was really quick, im not sure about pr vawa...check the uscis website

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

Dear all,

I just read the above is that true????

Please help me, I cannot search for the status of my application online. Whenever I try this is the message I get.

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

I called the above number the other day, but they told me that my case has not been updated online. I filed my Vawa petition in May'09. I have the prima facie with the EAC number.

What should I do, Please help me....

Dear Gina,

Where you read that the I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

I read that somewhere which is couple of years old web page but I am not sure.

I also heard that the VAWA processing going to be less as per the organization and it looks like its happening. my case and bethbeth is a good example for this and also as I mentioned in other social service organization they are seeing more approvals with less time. I don't know how much TRUE but I wish you all the best.

Hi Honest,

I read that on the timelines page on USCIS.gov.

Dear all,

Seems like I am getting wary for no good reasons.

I filed for my vawa in May 2009, got a prima facie and an EAD that is valid for an year. I applied for SSN based on EAD, got the SSN that is valid for an year too, I also got a DL that is also valid for an year. Everything expires next year May.

Will I be able to renew my EAD, SSN, and Driver's licence, even if my VAWA is not decided upon by May next year? Please advice. I had to live in shelters for good 7 months. I don't want to end up back in shelters.I have had a very very miserable life eversince I married this person. It's only now that i am being able to breathe fresh air, because I am no more dependent on him. On the contrary my spouse still keeps hurting me in some or the other way. Can I get a divorce and be over with it once and for all.

Thanks a lot Ghana.

what I have to do next.

I sent my application on 10th March 2009 and got approved on 10th September. Almost 6 months.

wow that was really quick, im not sure about pr vawa...check the uscis website

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

Dear all,

I just read the above is that true????

Please help me, I cannot search for the status of my application online. Whenever I try this is the message I get.

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

I called the above number the other day, but they told me that my case has not been updated online. I filed my Vawa petition in May'09. I have the prima facie with the EAC number.

What should I do, Please help me....

Dear Gina,

Where you read that the I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

I read that somewhere which is couple of years old web page but I am not sure.

I also heard that the VAWA processing going to be less as per the organization and it looks like its happening. my case and bethbeth is a good example for this and also as I mentioned in other social service organization they are seeing more approvals with less time. I don't know how much TRUE but I wish you all the best.

Hi Honest,

I read that on the timelines page on USCIS.gov.

hey Gina

,dont worry about the web sit my vawa like that too . they never updat since they sent RFE and they sent me prima facie and every time i cack the same

old thing when i call VSC they say they will updat when i get my terun but my attorney told my the poeple in the phone in custemer servies thEey dont know what they talke about ? i dont know that what he say

good louck

hey honst have ever got any RFE

Hey Yahya,

When did you file for your case, I have always been able to check the status of all my cases it is the first time that I am facing this problem, and because it is a vawa case thus even if you call the uscis they don't give you any info..

Honest,

I am really happy for you, please share with us everything that you did for your case.

best of luck with your ead.

https://egov.uscis.gov/cris/caseStatusSearchDisplay.do click this and enter ur receipt number

Dear Ghana,

Thankyou for your prompt reply, I have tried that too, but I still get the same message

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

When I use my EAD receipt number, I get the current and right status. But for some reasons the EAC number for my VAWA petititon gives me the above message. The sad part is that if you call the above number they are not ready to help you because everything about vawa cases is kept confidential, whom should i get in touch with to rectify this error..

Please advice

I don't know when they touched my case until EWTN mentioned in one of the previous post about touched the file , I don't know about catholic church and also about public benefit too. All I came to know about this VAWA forum and it all very helpful in one way or other and thank all of you who shared the information in this wonderful forum.

Dear Honest,

I can still not check my status online. How many months after filing could you search for your status online. I am just not able to despite of having the EAC number and the prima facie. Is my file in process by any chance, what is really happening, I am really getting stressed about the whole issue.

Please reply

Thanks a lot Ghana.

what I have to do next.

I sent my application on 10th March 2009 and got approved on 10th September. Almost 6 months.

wow that was really quick, im not sure about pr vawa...check the uscis website

I-360 Petition for Amerasian, Widow(er), or Special Immigrant All other special immigrants- 5 Months

Dear all,

I just read the above is that true????

Please help me, I cannot search for the status of my application online. Whenever I try this is the message I get.

Validation Error(s)

You must correct the following error(s) before proceeding:

Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1.800.375.5283.

To view the status of a case, please enter the corresponding application receipt number. The 13-character application receipt number can be found on application notices you have received from the USCIS. It begins with three letters such as (EAC, WAC, LIN, or SRC). Dashes ("-") should be omitted when entering a receipt number. However, all other characters, including asterisks ("*"), can be included if listed on your notice as part of the receipt number.

I called the above number the other day, but they told me that my case has not been updated online. I filed my Vawa petition in May'09. I have the prima facie with the EAC number.

What should I do, Please help me....

Hello Everyone!

We're kind of quite lately.... Any updates? RFE? Approvals? from your side guys?

From my end: NOTHING, nada, no touches, no letters...

Nothing, its frustrating its been 15 months now....

Nothing From my side too. My case is close to 6 months.

Please help me, I filed my vawa petition on May 2009. How do I check whether my file has been touched.