tuna_fsk

that where most cases got delayed .i think the declaration have descrapancy ,you can fix it well if you explain the truth for what they may think you say two difrent things .they may be find discrpancy on your 1 story and 2 story if you send two declaration or just one .discrpancy always on every declaration even events dates .

that what left if you send everything they need .

prepar your self for a new declaration explain well the discrpancy they require about .good luck .Allah bless everyone

Thank you Kwala,

I will let you know what kind of RFE I get... I thought I double checked my declaration, but we will see.. I always welcome all of your advice..

BTW, Is it possible if you post your timeline? How are you doing anyways?

Tuna may be is about your decalaration. If that is the case, be very specific and make sure you don't contradict yourself from the past decalaration you send them. My own decalaration was 5 pages then they send me RFE then I reply with 7 page statement. I was approved 3 months later.

Good luck, stay positive and hope for the best... Good is with you!

Thank you for the advice Murid...

What exactly did your RFE Say? What did they ask for specifically?

Thank you

Tuna

Hi Guys,

Yes I know... This is extremely nerve wrecking... I am having sever panic attacks because of these incompetent people. After 13 Months they send me RFE? Very strange.. even my lawyer said it is very strange... Usually RFE is within the first 6 months of filing the I-360....

But Whatever... Since when do they ever stick to their processing times or format or anything... My lawyer thinks that they are just trying to show their boss that they are working. I noticed that quite a few people a long time ago got RFE's after 1-1.5 years, but I did not notice that lately...

I don't know.. I am so depressed. Today I asked my lawyer to expedite my EAD that will expire in 3 weeks. He wrote his letter, I wrote my letter, and I got a letter from HR, and my manager saying this will be a detrimental financial loss to me and to the company. I also got a letter from my doctor that this whole process is taking a major toll to my already deteriorating health...

I will keep you guys updated whenever I get this stupid RFE... I don't know what else I could possibly provide for them.

God Bless,

Tuna

Oh, I almost forgot... I checked USCIS today they touched my I-360 case again today... Only God knows why..

Hello Everyone,

Today I got an email for an RFE... I do not know what it is for.. What else can I possibly send them? My Declaration was 27 pages long.. full detail... FULL DETAIL. I have affidavits from freinds, family, employer, manager...

I have joint bank account, joint car title, joint utility bill, joint lease...

Basically, I don't know what it could be, but I will keep u guys posted.

Thank you...

Oh.. and still no EAD

Take care,

Tuna

Hi Guys,

Ye another day... Still no sign of my work permit and its due to expire in 2 weeks. Did infopass, nothing happened. Just was wondering.. Have any of you had any touches to your cases lately? Mine has not been touched since October 2010, and I had a Prima Facie renewal in March.. Still no touch even in March... Very strange?

Hi Guys,

So I went to my lawyer today and he suggested that I file an infopass to see whats up with my case and to see why I didn't get the biometrics for my EAD... He also said that it would be a good idea to contact my local representative and fill her in on the story. I will have more news for you after my infopass on April 27 "InshAllah"

Take care,

Tuna

Hi Guys,

This is driving me crazy! I applied for my travel document (meaning I sent out the paperwork) for the I131 on April 4, 2011. It got approved yesterday! How come it only took them 2 weeks to approve my I131, but It's almost been 2 months since I applied for my I-765 and I have not recieved biometrics from them or anything?!

I guess these people really want me to leave the country ASAP lol....

AAAAARGGGHHH! I might admit myself to the mental hospital... I'm so tiered of all this slacking off... I wish I could march right up to them and look them in the eye and scream from the top of my lungs..: Either approve me, or deny me... but don't leave me in Limbo... My whole life is on hold because of these people!!!!!

Anyways, just wanted to vent out a little... hope all is well with the rest of you... and I pray to God that we all see some sort of light soon in this very dark and depressing journey...

Take care,

Tuna

Hi Guys, I just found this on USCIS website and I wanted to share...

Questions and Answers: Filing T, U, and VAWA Petitions with USCIS

Background

These Questions & Answers concern filing requirements for T, U, and VAWA petitions with USCIS. They also address requests for expedited processing, confidentiality issues, adjudicator training, petition processing for applicants in removal proceedings, and travel authorizations, among other issues.

Questions and Answers

Q. USCIS may grant no more than 10,000 principal aliens U nonimmigrant status in any given fiscal year. How does USCIS intend to ensure that all 10,000 nonimmigrant visas are issued this fiscal year, i.e. by September 30, 2009?

A. The Vermont Service Center (VSC) has developed a production plan aimed at reducing the backlog of U applications by 10,000 cases by the end of the current fiscal year. In order to achieve this goal, VSC is significantly increasing the size of the T/U visa adjudication team. In addition to the twelve level two (senior) Immigration Service Officers (ISOs) already assigned to the I-918 workload, VSC has reassigned 31 additional trained ISO resources. This group consists of experienced officers who make determinations of eligibility and a group of lesser experienced ISOs who are responsible for background identity and security checks. After vetting a case through the background check process, a less senior ISO routes the case to a more senior ISO, who approves, requests evidence, or recommends denial. Recommended denials are routed to a smaller group of the most senior ISOs for completion. By triaging cases under an expanded adjudications team, learning curves should be much shorter, enabling greater level of production sooner in the process.

Q. How has the Request for Evidence (RFE) process been modified to ensure that applicants are not asked for information submitted with their original filing?

A. There have been no changes to the RFE process. We advise that when an applicant receives an RFE requesting information that was already submitted with the original filing, he or she should resubmit the requested documents along with the RFE. This is because there is always the possibility the requested document may have been lost or misfiled. The applicant may also indicate in the response that the requested document has already been submitted. If the attorney believes the RFE makes an unreasonable request for information previously submitted, he or she may call the VAWA Hotline to make a complaint.

Q. Is USCIS aware of any violations in the field of VAWA confidentiality provisions such as notices or other correspondences from the unit being sent to attorneys who are not the attorney of record? If so, how is this issue being addressed?

A. USCIS is aware of one incident in the T visa context where an RFE was sent to an attorney other than the attorney of record. Once it came to our attention, this matter was thoroughly investigated, and corrective measures were taken. USCIS takes VAWA confidentiality provisions very seriously and works to ensure that there are no systematic problems that may lead to this problem being repeated again. We are currently developing a training module for all USCIS officers regarding confidentiality issues related to T, U, and VAWA applications. Please let us know if you are aware of other incidents where violations of confidentiality provisions have occurred.

Q. What is the process for expediting cases for T, U and VAWA applicants? What criteria are used to determine if a case will be expedited? How long are adjudications taking for expedited cases for T, U and VAWA applicants?

A. Customers should call the VSC VAWA Hotline (1-802-527-4888). It is clear that many VAWA, T, and U visa cases involve compelling humanitarian issues. Thus, established USCIS expedite criteria regarding humanitarian issues may be invoked, but customers and their representatives should be aware that any request for expeditious processing on humanitarian grounds must involve extraordinary circumstances. The VAWA unit will entertain and answer every request it receives based on a full review of the unique facts presented. Recently, USCIS and ICE have identified U visa petitions involving petitioners detained at government expense, and VSC has been expediting prima facie determinations or full adjudications of these petitions, as appropriate.

Once a decision is made on whether to expedite processing, the attorney of record will be notified of the decision. When a case is approved for expeditious processing, an expedite cover sheet is placed on the A-file, clearly designating the case as an expedite, and the case is immediately assigned to an adjudicator The adjudicator takes action on the case within one to two days, and the action may be a decision, RFE, or hold. If the case requires an RFE, the applicant has up to 87 days to respond to the RFE. Cases requiring RFE processing are tracked as expedites throughout the RFE process, and when a response is received, VSC endeavors to complete the decision as quickly as possible. If the case must be held in abeyance, we are unable to provide a time frame for adjudication.

Q. If a case is going to be expedited, when is the process initiated?

A. If the VSC decides to expedite a case, the process generally begins on the same day the request for an expedite is made and the case is accepted for expeditious processing.

Q. What is the process for legal permanent residents in removal proceedings to petition for T or U visas?

A. Lawful permanent residents requesting T or U nonimmigrant status follow the standard process for submitting a T or U visa petition, and VSC will not reject a petition simply because it is filed by an LPR. USCIS has been considering the criteria for adjudicating a T or U petition filed by or on behalf of an LPR in removal proceedings. The Office of Chief Counsel is currently reviewing the legal aspects of this issue and will be drafting applicable guidance in the near future.

Q. The Vermont Service Center has developed a new “Request for Supplemental Information” that will be mailed out to all T and U applicants. When will the Service Center begin sending these new requests?

A. The Service Center sent approximately 6,000 Requests for Supplemental Information (RSI) in May to U visa petitioners who had not filed an I-192. No RSIs were sent to T visa petitioners. VSC is currently in the process of determining whether additional RSIs need to be sent.

Q. When an applicant receives the new Request for Supplemental Information, how long will they have to respond?

A. There is no timeframe for a response, and no adverse action will result from non-response. However, applicants are encouraged to respond to the RSI as soon as possible, particularly if a visa is currently available, because USCIS has established a first in- first out (FIFO) process that determines the order in which cases are pulled for adjudication based on the date a response to the RSI was received. Petitioners who do not require an I-192 waiver are encouraged to respond accordingly as soon as possible so that those cases can be adjudicated.

Q. What training do supervisors in the Unit receive with regard to adjudicating VAWAs/T/Us and the specific issues that come up in these cases?

A. Supervisors receive the same training as adjudicators. VAWA Unit adjudicators initially receive four days of classroom-type training regarding basic eligibility requirements for special immigrant status under VAWA, protections and prohibitions under Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (which prohibits an adverse determination of removability based solely on information provided by the abuser and requires strict confidentiality in VAWA, T, and U cases) and processes for adjudicating Form I-360 special immigrant petitions under VAWA. This training is conducted by a veteran officer of the VAWA Unit who has a Master’s degree in Social Work and has extensive experience teaching the subject at the collegiate level. The initial training includes eight to ten hours specifically dedicated to understanding family violence. Officers are taught to identify the main characteristics and theories of family violence, debunk commonly held myths about family violence, and recognize the impact family violence has on individuals, families, and society. Officers also learn the ways in which immigration status, or lack thereof, and culture or cultural differences may contribute to domestic violence. Each trainee is assigned a series of hypothetical test cases which he or she completes under the mentorship of a veteran VAWA adjudicator. Trainees continue to work with a mentor and attend follow-up trainings for the next several months. VAWA officers also participate in bi-monthly team meetings during which all team members are encouraged to raise pertinent adjudication-related issues for discussion and resolution.

In addition to initial VAWA training, officers assigned to adjudication of T and U nonimmigrant status requests undergo an additional two-day training program, conducted by Senior Adjudications Officers who have detailed knowledge of the subject matter and experience in adjudicating these types of petitions and applications. The additional training consists of in-depth discussions on the eligibility requirements and various forms of evidence that might be submitted to address those requirements as well as how to assess that evidence. Officers are also given additional training in recognizing the dynamics of victimization and understanding how those influence the evidence provided to support the applicant/petitioner’s claims. These officers participate in mentoring, follow-up training, and bi-monthly staff meetings in the same manner as officers assigned to adjudicate VAWA special immigrant petitions.

Q. Will the Vermont Service Center be capturing information on the types of victims?

A. In relation to U nonimmigrant petitioners, VSC does track which crimes form the basis of U nonimmigrant petitions in its case management system based on which crimes are indicated on Form I-918 or I-918A. In cases involving more than one crime, VSC notes any and all crimes that apply.

Q. Will the processing times for T/U visas be posted on the USCIS website?

A. The processing times for Forms I-914 and I-914A are not currently posted on the USCIS website. We are evaluating the best way to make this information available on the website in the future.

At present, we see little value to posting processing times for Forms I-918, I-918A, and I-929, given that, for the remainder of the fiscal year, VSC is operating outside of a pure first-in-first- out (FIFO) model and therefore not adjudicating all cases in the order in which they were filed. Once the backlog is eliminated and the processing of these petitions becomes standard, USCIS will post processing times for U nonimmigrant petitions on the agency’s website.

Q. Is there an overall triage system currently in place at the Vermont Service Center for all U visa applications? What are the processing steps after a U visa application arrives at the VSC mailroom? Are the applications adjudicated in any particular order?

Michael Aytes’ response letter of 5/22/2009 to the USCIS Ombudsman’s recommendations states: “Cases will be adjudicated in chronological order as they become “adjudication ready” (i.e. when all responses to Requests for Evidence have been received.)” But it does not discuss the order in which VSC will review cases to determine if an RFE is necessary, nor does it discuss what will happen if a determination is made that an RFE is necessary. In this scenario, will the RFE be issued immediately? Or will the case be set aside as “not adjudication ready” and VSC will hold off on issuing an RFE until it has finished final adjudication on all of those cases considered “adjudication ready”?

A. VSC has developed a production plan with the goal of utilizing the entire annual numerical visa allotment by the end of the current fiscal year. In so doing, we hope to reduce the backlog by approximately 10,000 cases by September 30. Our ability to accomplish this depends on the number of responses to Requests for Supplemental Information (RSI) and Request for Further Evidence (RFE) that USCIS receives. Therefore, we encourage applicants to submit responses as quickly as possible.

One piece of this production plan is the implementation of a triage system. Under the triage system, VSC focuses first on adjudicating cases with an I-192 waiver request on file and has sent RSIs for approximately 6,000 cases in which an I-192 was not filed. VSC has completed initial action (approval, denial, RFE) on all cases with an I-192 on file and has begun queuing for adjudication cases with a response to the RSI. After completing initial action on cases with a response to the RSI, VSC works cases with no response to the RSI. Applicants who have received an RSI are encouraged to submit a response, and those for whom an I-192 waiver request is not required are encouraged to respond accordingly.

Q. What is the status of implementing the Congressionally mandated "bona fide" standard for EADs prior to U grants? What meets the "bona fide" standard?

A. Our priority for FY 2009 is to adjudicate as many cases as possible, with an emphasis on the most vulnerable populations. For FY 2010, we are engaged in internal discussions concerning how to best leverage available resources to make bona fide determinations and balance resources needed to fully adjudicate cases. U petitioners who filed post-TVPRA 2008 may file an I-765 in the meantime, and the contractor has been instructed not to reject these applications unless the code field is blank or contains an improper EAD code. Given that we have not yet conducted a bona fide determination, we are unable to provide a description of what meets the bona fide standard. Nonetheless, we are engaged in internal discussions, particularly with respect to how the bona fide standard may differ from the standard currently used in prima facie determinations, and intend to have guidance in place by the end of August to give the VSC time before the end of the fiscal year to prepare to implement the standard after October 1.

Q. Is VSC running background checks for purposes of extending or granting EADs, as opposed to when considering the full U visa application? If so, why do this at the EAD phase instead of the U decision phase? Are others eligible for immediate EADs (e.g., self-petitioners married to USCs) subject to similar background checks? If not, why are Us targeted for checks at the EAD phase?

The FBI elimination of its backlog does not seem to have completely cured the problem of general adjudication delays due to background checks. The field reports being told that some EAD extensions are delayed due to background checks. U interim relief applicants are losing their jobs due to such delays. Moreover, delaying EADs undermines the reason Congress mandated a bona fide standard, which was to help victims of crimes gain security and safety as swiftly as possible.

We respectfully suggest that VSC refrain from running background checks until the U adjudication phase.

A. Since the implementation of interim relief provisions, there has been no change in the background check process for EAD requests by U nonimmigrant petitioners. USCIS conducts the same background checks on all EAD requests, which entails a check of the Interagency Border Inspection System (IBIS).

Q. There have been ongoing conversations between the field and USCIS about whether and how undocumented parents of USC child victims qualify for U visas, based on the theory that such children lack the capacity to participate effectively in the criminal system. What is the current policy? Any ETA on getting the policy in writing?

A. We intend to develop specific guidance in the near future. In the interim, VSC has been adjudicating cases involving this issue and we have found that, in certain circumstances, parents of child victims may qualify for U nonimmigrant status. Until we issue guidance on this issue, VSC will not deny any cases involving U petitioners who are the parents of USC child victims.

Q. Do children, either under 18 or under 14, need to meet the passport requirement or alternative to possessing a passport?

A. USCIS requires all applicants for admission as a nonimmigrant to present a valid passport unless that document has been waived. 8 CFR 214.1(a)(3). All petitioners for U nonimmigrant status, including children, are therefore subject to this requirement. USCIS may, however, waive this document requirement if the U petitioner submits a Form I-192, Application for Advance Permission to Enter as Nonimmigrant. USCIS notes that U petitioners may request a waiver of the fee for Form I-192.

Q. Will VSC entertain and grant, where appropriate, waivers of future unlawful presence (212(a) (9) (B)) triggered when an approved U applicant leaves the US?

A typical example of this: A parent who has accrued unlawful presence before the U grant, then travels to the home country once she receives the U to help children process abroad. By leaving, she triggers a new inadmissibility ground.

To ensure uniform application of the law and quality control generally, we respectfully suggest that VSC should determine whether applicants merit waivers for future unlawful presence, if requested by applicants at time of the U decision. This would not, of course, preclude DOS from entertaining "after-acquired" inadmissibility at time of re-entry to the US.

A. Yes. We have entertained and granted inadmissibility waivers for U nonimmigrant petitioners who have departed the U.S. and were subject to INA Section 212(a)(9)(B).

Q. What do those granted U visas need to travel abroad and re-enter legally? What do those granted T visas need?

A. U nonimmigrants are not required to file a Form I-131, Application for Travel Document. However, when a U nonimmigrant departs the U.S., he or she must undergo consular processing prior to return. In contrast, T nonimmigrants seeking to travel abroad must file Form I-131 with VSC and obtain advance parole prior to departing the U.S. Both T and U nonimmigrants who have a pending I-485 filed with VSC may file a Form I-131 with VSC to obtain an advance parole document. USCIS will continue to work with the Department of State (DOS) to address travel issues for T and U nonimmigrants.

Q. What is the statutory basis for treating U, T and V visa holders differently for travel purposes? If there is no statutory basis, why are they treated differently?

A. Regarding travel documents issued by USCIS, we are unaware that U and T nonimmigrants are treated differently for travel purposes. Both T and U nonimmigrants have the ability to depart and return to the U.S. multiple times if a Form I-131 is filed concurrently with a Form I-485 or subsequent to a pending Form I-485 filed with the VSC. U nonimmigrants who wish to travel abroad prior to filing a Form I-485 must undergo consular processing each time they depart. We understand that DOS will issue a U visa for a single entry with one month validity upon verification of approval of the visa petition. USCIS will continue to work with the Department of State (DOS) to address this issue. T nonimmigrants who request a travel document Form I-131, filed with VSC, are generally given multiple-entry advance parole. If T nonimmigrants have received single-entry advance parole, it would be helpful to have specific examples that we could research. Questions regarding the number of entries allowed under a visa issued by DOS should be addressed with DOS.

Q. Of most significance, is there a statutory basis for limiting U and T visa holders to single re-entries, as opposed to multiple re-entries? If there is no statutory basis, why are they treated differently?

A. We are unaware of a statutory basis for limiting U and T nonimmigrants to single reentries. In fact, as explained above, both U and T nonimmigrants who have filed Form I-485 or have a pending I-485 with VSC have the ability to reenter multiple times with an advance parole document. T nonimmigrants who are filing an I-131 prior to filing a Form I-485 are issued multiple entries on an advance parole document. U nonimmigrants who wish to travel abroad prior to filing a Form I-485 must undergo consular processing each time they depart. We understand that DOS will issue a U visa for a single entry with one month validity upon verification of approval of the visa petition. USCIS will continue to work with the Department of State (DOS) to address this issue.

Q. What would be needed (statute/regulation/other) to allow Us and Ts multiple exits and re-entries (acknowledging possible effects on continuous presence)?

A. As explained above, USCIS will continue to work with the Department of State (DOS) to resolve this issue.

Q. We understand a process is almost in place with DOS for processing U visas abroad. Any ETA for that guidance? Will the DOS guidance include information on biometrics?

A. USCIS is working with DOS. However, USCIS is unable to speak to issues relating to overseas consular processing. Please refer this question to DOS. You may contact the DOS Public Inquiries Division at (202) 663-1225. Attorneys may submit case status inquiries to legalnet@state.gov.

Q. What should those seeking Us abroad do to obtain entry, once approved by VSC? Is the process the same for derivatives?

A. USCIS is working with DOS. However, USCIS is unable to speak to issues relating to overseas consular processing. Please refer this question to DOS. Please refer this question to DOS. You may contact the DOS Public Inquiries Division at (202) 663-1225. Attorneys may submit case status inquiries to legalnet@state.gov.

Q. Does/will DOS understand that VSC has adjudicated inadmissibility and that consulates should only consider "after acquired" inadmissibility grounds?

A. USCIS is working with DOS. However, USCIS is unable to speak to issues relating to overseas consular processing. Please refer this question to DOS. You may contact the DOS Public Inquiries Division at (202) 663-1225. Attorneys may submit case status inquiries to legalnet@state.gov.

Q. Any ETA on DOS guidance on issuing immigrant visas to those who are eligible to adjust based on a granted U visa, either principal or derivative?

A. USCIS is working with DOS. However, USCIS is unable to speak to issues relating to overseas consular processing. Please refer this question to DOS. You may contact the DOS Public Inquiries Division at (202) 663-1225. Attorneys may submit case status inquiries to legalnet@state.gov.

Q. The field has reported some comments by VSC that people should wait to file for adjustment until they have their medical exam. We assume this is confusion about the inadmissibility grounds not applying at adjustment, not a grafting of inadmissibility into the general adjustment discretion standard.

A. A valid medical exam documented on Form I-693, Report of Medical Examination and Vaccination Record, is required as part of the initial evidence for all adjustment of status applications. Documentation of a medical exam is part of the required initial evidence for an adjustment of status application. Therefore, if an applicant applies for adjustment without including Form I-693, USCIS will send an RFE requesting the document.

Q. How should derivatives of self-petitioners process abroad at the principal's adjustment phase? To whom should the 824 packet go?

A. We assume this question refers to VAWA self-petitioners. In the case of a derivative of a VAWA self-petitioner, who will undergo consular processing abroad, the Form I-824 packet should be filed with VSC, which will forward the packet to the National Visa Center.

Q. What is the status of implementing EADs for H-4s and other qualified derivatives?

A. This section is included in the forthcoming interim VAWA rule currently being drafted by USCIS.

Q. What is the status of implementing the elder abuse (for parents of USC abusers) section?

A. This section is included in the forthcoming interim VAWA rule currently being drafted by USCIS.

Q. What is the status of implementing Congress' statement encouraging USCIS to consider I-212s, especially for VAWA self-petitioners?1 Could VSC exercise this authority? If not, what would be required to grant them such authority?

A. Service Centers have the legal authority to adjudicate I-212s in other form types. We are currently assessing the operational and policy implications of extending this authority for VAWA self-petitioners.

Q. For those who qualify based on the AG's determination that the investigation/prosecution is complete, who are AG designees? What "form" should they submit? Is a letter sufficient?

A. Please refer this question to DOJ. USCIS would ideally like to receive a written letter from DOJ confirming an applicant’s qualification as an AG designee.

Q. To whom at DHS should practitioners direct requests for updates on continued presence for T nonimmigrants?

A. ICE should be contacted for updates on continued presence.

Q. Can they receive copies of grants from DHS personnel other than local ICE officers, if they are having trouble getting them from local ICE?

A. We are unaware of any such process. We believe this is an internal ICE issue and should be directed to ICE through their stakeholder liaison process.

Q. Does USCIS do training for law enforcement on U visas?

A. Yes. The USCIS Office of Policy and Strategy held training sessions last summer and invited federal, state, and local law enforcement agencies to attend. OP&S is always open to inquiries from law enforcement, and VSC maintains an inquiry hotline, which is open to all levels of law enforcement.

Q. What training does the AAO get on Us, Ts, and self-petitions? On domestic violence? Does it assign specific officers to these cases?

A. The AAO assigns specific officers to adjudicate appeals of VAWA self-petitions, U and T cases. These officers receive training at the AAO and one supervisor for the AAO VAWA Unit has also attended and participated in trainings organized by the Office of Policy and Strategy. The AAO recently created a new branch for VAWA self-petitions, U, T, orphan, fiancé petitions and other related case types.

Q. When will regulations implementing TVPRA 2008 be issued?

A. At some point in the future, we will issue regulations on TVPRA 2008. In the meantime, USCIS is currently drafting interim policy guidance.

Q. How does USCIS handle those pending U applications where the applicant is currently in detention or is in removal proceedings? Is there any mechanism in place to alert USCIS of this scenario so that this caseload can be properly addressed?

A. USCIS and ICE are developing a process for ongoing data-sharing that compares applicants who have filed Form I-918, Petition for Nonimmigrant Status, against those who are in custody, subject to a final removal order, or otherwise in removal proceedings. For those petitioners who are detained, ICE may request that USCIS conduct a review of prima facie eligibility. Please note that a determination of prima facie eligibility does not guarantee that an applicant will not be removed or released, but is instead a factor that will be considered when making discretionary decisions on stays of removal or when reviewing custody conditions.

Applicants who have not yet been identified by ICE can submit an inquiry to USCIS by contacting the Vermont Service Center at 802-527-4888 or Ellen Gallagher, Office of Chief Counsel, at (202) 550-4608 or ellen.gallagher@dhs.gov.

Q. How will I know if USCIS has made a prima facie determination in my case?

A. USCIS is currently working to complete prima facie determinations or complete adjudications where appropriate for U nonimmigrant petitioners in detention. As part of the process that is being developed by USCIS and ICE, USCIS would provide notification to ICE about these determinations or adjudications so that ICE may consider an alien’s request for an administrative stay of a final order of removal under section 237(d) of the Immigration and Nationality Act. USCIS is willing to work with petitioners and their representatives on a case-by-case basis if they believe that a prima facie determination was not issued by USCIS or not received by ICE.

1 Section 813(b) of the Violence Against Women and Department of Justice Reauthorization Act, Pub. L. 109-162 (Jan. 5, 2006).

Congrats Ashley That is wonderful news! Do you mind sharing your timeline?

Hello everybody! I would like to ask how long it takes to get a receipt notice from the USCIS.It has been 3 weeks now since I file and my lawyer told me that she still didn't receive any receipt.The notice was suppose to come at her adress.Is there a way to check if USCIS received an application? I would really appreciate your answer.Thanks in advance!

Hello By the Grace,

USCIS are definetly back up again. I just got my reciept for my EAD on March 1, 2011 and still no biometrics... Hopefully your reciept notice comes this week... USCIS loves toying with people's emotions... They want to test you to see if you really want to stay in the USA.. Take care

Tuna

mine took 6 years

Salamualaikom Kwala,

So did your vawa get approved? How are you?

Hi Guys,

I hope that all is well with you.. I am so worried that I did not get my biometrics for my EAD that I applied for back on March 4, 2011. What is taking these people so long...??? On the other hand, I got My Prima Facie Extension in the mail today... They extended it for 60 days and not their usual 180 days... I wonder what this mean? My I-360 case has not been touched though... this is all so confusing.. Can Anyone share their experiences? Thoughts? Suggestions? You guys have been the only support I have and I thank you for it...

Take care,

Tuna

Hi all, Congratulations Sonia and Honey. i wish you luck Pascal.

Tuna hang in there, it can't be too long now. I pray you get the acceptance letter soon.

Its heart breaking when you think of what we are all going through...it's just depressing. But we have to encourage one another to stay strong and pray for the best.

It will be 10 years in January since I saw my family last, 10 years of immigration stress. My father passed away, I couldn't even go home for the burial...I have wanted to give up on many occassions and pack my bag and go home, but I can't do that because I have a child with my ex, who has a serious medical condition. My life since I left my ex has been very trying to say the least. 911 calls, countless emergency room visits, Neonatal intensive care, neurologists etc. Its been hell. I have no help, no money, nothing. But I put my hope in God alone. He must have a plan for me, He must, if not why do I have to live like this. I am just existing.

Be strong you guys and never loose faith. There is a light at the end of the tunnel.

Thank you MyJay.. Ure support means alot to me..

Hello everyone,

So I applied for the EAD back on March 4, and still no Biometrics.. I called my lawyer's office and they told me that USCIS has a backlog and the EADs are taking longer than usual to process... I have no idea why these people can't do thier job on time... Soo Unprofessional... but I can go on and on..

Anyways, I just thought I would let everyone know so they could get some clarity on why thier paperwork is taking long.. if it is ... My prayers are with all of those who were oppressed by thier ex-spouses, and are still being oppressed by this 3rd world country immigration system..

Hi Everyone,

I haven't been on this site for a while but I wanted to give you all an update. My GC was approved on Monday, March 21st at my interview appointment and I am ecstatic. It has been a tough journey so I understand what you have all gone through. My initial interview was supposed to be Dec 14th, 2010 but was sent to the wrong local office. So my case was delayed until March 21st.

The questions they asked were:

1) parents first names

2) address

3) yes/no questions

4) am I divorced

5) and the officer briefly asked me to describe what happened between my ex husband and I.

I went with my lawyer and the officer told me I was approved on the spot. Good luck to you all. And I would suggest to be as detailed as possible with your cases and if you can afford hire a good lawyer. Talk to a bunch of lawyers and pick one that has experience with these types of cases.

Good luck!! And if anything else arises I will update you.

Congrats Honey!

Such Awesome news! At least some people are going somewhere you know... It has been over 4 years for me being in immigration limbo.. Haven't gone home in 4 years.. my dying grandmother keeps calling me and asking me if I am ever going to go see her before she dies... Why do I get the feeling that USCIS has my file in a stack in a corner somewhere lost and collecting dust... ? I am begining to lose hope.. I know I should be strong, but sometimes.. I feel weak.. like today... May God be with us all...

congratulation

Hi kwala.. What ever happened to you? How is everything? Anything new?

Tuna!!

Any news on your case??? Why are they taking so long????

No News Inpeace...

Waiting waiting waiting I have no idea why it's taking so long.. will update you if anything goes on..

Omg I cant believed I checked my case status today and it makes me really happy USCIS APPROVED my VAWA OMG I cant believed Thanks GOD!!!God has been watching us who been abused from our spouses..

So Happy for you Ashley! Can you please post your timeline so we can get an idea? Thanks and God bless!

Hang in there girl!!! I'm sure you will have some good news soon!! you are almost there!! :star:

Did you get any RFE?

No RFE.. No Nothing

HeyTuna,

Any news on your case??? OMG!! hope you receive some good news soon!! praying for you... :innocent:

Hi Inpeace,

No Now news on my case. In April It will be a year since I filed... Still waiting.. That 5 months processing that USCIS says about VAWA timeframe is misleading bullshit.. excuse my language.. It is just a way for us to suffer more, because not only were our husbands abusive, but not the system is even more abusive.. killing u slowly.. God give us all strength...

Hi guys,

I have a question please, its been 5 months since I recieved my first prima facie, which will expire early next month.

Do I have to write to Vermont to have it renewed or do they automatically send you a renewal?

And if not, can I send a letter for renewal myself or go through my lawyer? I'm worried about the added cost.

Thanks.

Hello MyJay,

Go ahead and write them a reminder letter and send it out yourself. I believe you could send it out a month before your Prima Facie Expires. This is what I did and I recieved another Prima Facie in 2 weeks. My lawyer wrote the letter, but it is very very easy to write and The Lawyer should not charge you really... I think I gave the format a couple of pages back... Look for it and if you don't find it, I will look for it and post it again..

Basically you just give them your alien number and case number and tell them that your current Prima Facie is due to expire and you would like them to renew it for you...

I hope this helps...

Tuna...

Hey tuna,

did you get any news on your case?

Hi Inpeace,

No.. Not a single word on my case... WAITING WAITING WAITING....

Hi Everyone,

I hope you all are doing well, despite the situation that we are in.

Any updates? Has anybody's case been touched of recent?

It's almost Christmas again. I wish you all a very Merry Christmas/Happy Holidays & a very Happy New Year!

And I also want to know if it's posible to go back to school with a prima facie? I have no work permit yet, and I was hoping I could keep myself busy somewhat by going back to school, that way, I might be able to take my mind of this VAWA case.

Pls any info on this will help. Thanks.

Hi Myjay,

I hope that all is well with you.. I was doing a masters degree and I was paying international tuition before, the after my husband filed an I130 for me and an I485 I showed them the paperwork and they gave me instate tuition. I think u should try to show the admissions office those documents and they might grant you instate tuition..

Hope this helps

Take care

Tuna..

BTW.. Still no update or nothing on me.. will keep everyone posted though... My thoughts and prayers are with all of you.

I'm really sorry to hear this news Kymber,

Yes I agree with everything and I think you should re-apply for the vawa with more solid evidence from people who know you. This time try to get all the letters notarized and if possible get a copy of their ID as well and send it in..

This is what I did...

Still haven't heard anything from these people except that call I received from the previous local office about them wanting to have a "good address" on file for me..hmph bullshit...

I've been stuck here for 4 years and still have not seen my family.. this really is so frustrating.. On top of things I contacted my lawyer to see if there is anything that could be done about this anonymous phone call I got from this special agent, and he started yelling at me saying he is a man and I should not discuss deep things with him...?? Thats what this whole VAWA was about... "Sexual abuse and physical and emotional abuse"

This is ridiculous... I guess all men are the same when it comes down to it..

Best wishes everyone

Tuna

Hi guys,

It's nice to see that there is some positive action going on here... Something really strange happened the other day... DHS called me just before Thanksgiving and left me a message.. they were like we need a good address to we could return some documents to you... and they left me a phone number...

This is SOO Weird.... and Creepy..

I immediately called my attorney and let him listen to this message.. even he said it was strange that they would call me

a) Don't these people know where I live? "What the hell do you mean by you need a GOOD address".. are these people that incompetent.. I mean if they have my phone number, the definitely have my address right?

b) This office was the original office that I filed it from before I moved to another State... I thought they already Transferred my case to the New State I live in.. Why is this old office calling me?

c) This was in regards to my Initial I-485 that I filed.. not the Vawa... I am soo confused..

I had my attorney call them back.. and they said they wanted to return the initial documents and photographs that I have submitted to the immigration officer when I went to my first interview with my husband back in August of 2007!!! He asked them why, and they said because they have closed the investigation on my case... Is this a good thing? Should I be worried? Why am I under investigation anyways?!

They told my attorney I need to be there when the documents arrive so I could sign for them, but my attorney gave them his address instead and they said that was fine since all my VAWA documents were going to him anyways, and I don't want my Crazy Ex to find out about this whatsoever because I feel like he is monitoring me and stocking my mails and emails..

My Attorney has not received anything from them since.... I didn't know snail mail takes that long.. Especially for documents that need to be signed....

Anyways, did anyone go through a similar experience? Any feedback would help...

Thanks.. and God bless..

Tuna..