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  • WAVA CASES

    Hi,

    Please I need advice and help !

    I filled I-360 process with the immigration under Vawa law.

    The received date UCIS was,
    Notice date Oct 9 2007

    OCT 22, Received PRIMA FACIA notice
    OCT 31, I have done my fingerprints USCIS

    Now FEB 5, I saw in their web site that they have DENIED my I-765.

    I call then and they could not tell me the razon for that. I have no idea why that happen, and they also said that some cases depening my have chance to appeall something like that.

    I am very very concern about the whole sitiation.

    If anybody could help me with some informations

    I will truly apprecciated

    Thank you
    Have a bless day
    Hopenow

  • #2
    Hi,

    Please I need advice and help !

    I filled I-360 process with the immigration under Vawa law.

    The received date UCIS was,
    Notice date Oct 9 2007

    OCT 22, Received PRIMA FACIA notice
    OCT 31, I have done my fingerprints USCIS

    Now FEB 5, I saw in their web site that they have DENIED my I-765.

    I call then and they could not tell me the razon for that. I have no idea why that happen, and they also said that some cases depening my have chance to appeall something like that.

    I am very very concern about the whole sitiation.

    If anybody could help me with some informations

    I will truly apprecciated

    Thank you
    Have a bless day
    Hopenow

    Comment


    • #3
      Hello Hopenow,

      Some of the more senior members will be able to help you with your concerns.

      Good luck.
      Do all the good you can, in all the ways you can, as long as ever you can.

      --John Wesley

      Comment


      • #4
        The Vawa Process goes something like this:
        Notice of Receipt: You should receive an acknowledgement or Notice of Receipt within a few weeks after mailing the I-360 application and fee to USCIS.

        Aliens filing self-petitions who can establish a "prima facie" case are considered "qualified aliens" for the purpose of eligibility for public benefits (Section 501 of the IIRIRA). USCIS reviews each I-360 petition initially to determine whether the alien has addressed each of the eligibility requirements and has provided some supporting evidence. This is called a prima facie determination.

        If USCIS makes a prima facie determination (note that this only addresses the alien's eligibility and is not an out-right approval of the I-360), the self-petitioner will receive a Notice of Prima Facie Determination which has a validity period of 150 days. This NOA may be presented to state and federal agencies that provide public benefits.

        Once, the I-360 self-petition, itself, is approved, the Service may exercise the administrative option of placing the self-petitioner in deferred action, if the self-petitioner does not have legal immigration status in the United States. Deferred action means that the Service will NOT place the alien with unlawful status in removal proceedings. This deferred action validity is 24 months.

        After the Form I-360 has been approved and the alien is placed in deferred action, the alien is also eligible for an Employment Authorization Card. Applicants should indicate that they are seeking employment authorization pursuant to 8 CFR 274a.12(c) (14). The Form I-765 must be filed with a copy of the self-petitioner's INS Form I-360 approval notice.

        If you have only just received a prima facie determination, then how could you have included the approval notice on your I-360?

        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hopenow:
        Hi,

        Please I need advice and help !

        I filled I-360 process with the immigration under Vawa law.

        The received date UCIS was,
        Notice date Oct 9 2007

        OCT 22, Received PRIMA FACIA notice
        OCT 31, I have done my fingerprints USCIS

        Now FEB 5, I saw in their web site that they have DENIED my I-765.

        I call then and they could not tell me the razon for that. I have no idea why that happen, and they also said that some cases depening my have chance to appeall something like that.

        I am very very concern about the whole sitiation.

        If anybody could help me with some informations

        I will truly apprecciated

        Thank you
        Have a bless day
        Hopenow </div></BLOCKQUOTE>

        Comment


        • #5
          Hi,
          I would like to thank you for the emails.

          Yes, I received the prima facia notice, and also they filled together with I360, the I-765 and this one I saw in the web site that was denied. MY I-360 still pending, so I havent the approval notice.

          Based in your info swissnut, I have to get first the approval to my I-360, is that right :

          In this case after are they going to review the I-765 :

          How long usually takes to get the anwser for the Wava petition.

          Do you think since I got the prima facie notice I have good chances on my case

          If I get any kind of public benefits, are this is going to count against me.

          Thank you so much

          Hopenow

          Comment


          • #6
            you applied for adjustment of status and employment authorization based on what?

            Comment


            • #7
              Hopenow,

              Yes, that's right (as far as my understanding goes) the copy of the approved I-360 and the I-765 are to be submitted together, because until the self-petition has been approved, the alien is not eligible for work authorization. As far as how long it will take, I can't say. What I can say is that this area of the INA was provided to assist aliens that are otherwise unable to help themselves, so I believe that USCIS recognises the need to make a determination quickly so that the alien can be self-sufficient.

              That said, however, in the interim, while the alien is awaiting approval of the I-360, the purpose of the prima facie declaration is so that the alien can avail him/herself of benefits. So, to answer your question, if you should approach an agency for aid, take your NOA of PF Determination with you, and no, it will not be held against you.

              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Hopenow:
              Hi,
              I would like to thank you for the emails.

              Yes, I received the prima facia notice, and also they filled together with I360, the I-765 and this one I saw in the web site that was denied. MY I-360 still pending, so I havent the approval notice.

              Based in your info swissnut, I have to get first the approval to my I-360, is that right :

              In this case after are they going to review the I-765 :

              How long usually takes to get the anwser for the Wava petition.

              Do you think since I got the prima facie notice I have good chances on my case

              If I get any kind of public benefits, are this is going to count against me.

              Thank you so much

              Hopenow </div></BLOCKQUOTE>

              Comment


              • #8
                Hello Hopenow

                The USCIS received my I-360 petition and my 765 on October 9 2007 and I received the denial of my work permit on january.
                Since our cases are similar, could you let me know if you have any news about your case ?
                thank you,
                paolap123
                ----------

                Comment



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