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F1 Married to U.S Citizen; VAWA self-petitioner.

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  • F1 Married to U.S Citizen; VAWA self-petitioner.

    Hello all,

    I would appreciate your feedback, and hopefully the content of this post will further aid others in their successful pursuit of authorized permanent residency in this country. In 2006, I entered the U.S on an F-1 Visa (D/S), in 2016, I married my boyfriend of four years on Valentine's. There were several instances of abuse from my spouse, one ended pretty badly for me, and he was arrested and incarcerated; out on bail. We were separated about five months after the incident, while he was on probation. I submitted a VAWA self-petition, I-360, and I received a prima faciae I-797 notice of action about 30 days ago. I had police reports, testimonials, court orders, restraining orders, etc.

    I am in dire need of work, I am currently trying to support myself, but I need an EAD ASAP. Moreover, if need be, further evidence of said necessity can be produced without a hassle. My question to you guys would be, "can I file for EAD with the I-797 Notice of Action: Prima Faciae?" Or, do "I need to wait for the I-360 to come back either approved or denied?" In this case, barren the acceptance of said documentation do I have grounds to appeal for an early determination, due to my on-going marriage to a U.S Citizen who in addition to this, has been the Perpetrator of an Assault Misdemeanor (with Domestic Violence)? Furthermore, I have proof that my husband has not 'shared the required Texan spousal vow of Equity distribution' with me; Not only does he work for the IRS, but he has made it almost impossible for me to get access to Health Care and/or any financial help.

    I am infuriated at him, and will initiate divorce proceedings here in California. He is simply a dangerous individual.

  • #2
    There are 3 ways you can get an EAD. 1) If the I-360 petition is approved. 2) If you file I-485 for Adjustment of Status (I-485 and I-360 can be filed concurrently); then you can apply for an EAD for free based on being an AOS applicant. 3) If you are granted deferred action.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      There are 3 ways you can get an EAD. 1) If the I-360 petition is approved. 2) If you file I-485 for Adjustment of Status (I-485 and I-360 can be filed concurrently); then you can apply for an EAD for free based on being an AOS applicant. 3) If you are granted deferred action.
      If I file an application for EAD with a prima facie, will immigration services hold the application until I submit the I-360 Approval? If you read the instructions on obtaining EAD, you will see, it says that you can send EAD with I-360 without AOS. It is listed on the eligibility requirements under VAWA self- petitioning.

      I don't believe the laws to be black or white, in this case, there is room for convergence of opinion regarding each and every case. I believe, I have a substantial set of evidence to prove hardship and immediate necessity for work authorization; regardless of what is usually conferred in the steps listed on their website and forms -- Immigration officers have flexibility, be that in a positive or negative way. Moreover, I don't believe I make the list of people that would not qualify for Deferred Action; thus said, I don't believe applying for Deferred Action is deemed beneficial, unless granted by de-facto I-360 full-approval

      Comment


      • #4
        Originally posted by Nicarao View Post
        If I file an application for EAD with a prima facie, will immigration services hold the application until I submit the I-360 Approval? If you read the instructions on obtaining EAD, you will see, it says that you can send EAD with I-360 without AOS. It is listed on the eligibility requirements under VAWA self- petitioning.

        I don't believe the laws to be black or white, in this case, there is room for convergence of opinion regarding each and every case. I believe, I have a substantial set of evidence to prove hardship and immediate necessity for work authorization; regardless of what is usually conferred in the steps listed on their website and forms -- Immigration officers have flexibility, be that in a positive or negative way. Moreover, I don't believe I make the list of people that would not qualify for Deferred Action; thus said, I don't believe applying for Deferred Action is deemed beneficial, unless granted by de-facto I-360 full-approval


        If you are married to a USC, then you can file your I360, I485 and I765 all at the same time.
        If you are married to a GC holder, then you must file your I360 alone and wait. Then once it is approved, you may file for your I485 and I765.

        hope this helps!

        Comment

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