Mighty Popson
3d
Is Pending VAWA considered illegal immigrants
I don’t know if I’m the only one having a little bit of concern and next President mass deportation plans, also considering that fact that I used to travel out of the country with my combo card.
My question is, should there be any reason to be panic under the incoming regime. is it still advisable to travel out of the county as we freely do in the past.
My VAWA filling date May 17th 2022 and still waiting.
I will appreciate everyone opinion.
thank you.
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Hopefully hopeful3d
@Mighty Popson An individual with a pending Vawa is not an illegal immigrant. A combo card is issued for the purpose of travel and work. It should be used for the purpose for which it was issued. I personally don’t think there is any need to panic if you don’t have any criminal activities attached to your name. Good luck.
H n3d
@Mighty Popson
No. It is legal status (period of authorized stay) until case reaches decision.
Mighty G we serve3d
@Mighty Popson a pending VAWA is not a status. That is why after vawa approval you apply to adjust status. in short vawa is a case not status it is a route to status
Hope Hope3d
@Mighty G we serve , how about approved vawa and waiting for having a decision on pending 485 . I heard that he is going to make an executive order, and put all of pending 485 to have an interview, to make deny case more . Oh Lord help all of us
tired from waitingg3d
dont scare nothing gonna change deal for illegal immigrant we are not illegal
Romeo riv3d
@tired from waitingg if you overstayed your visa or the period of time you were paroled in then you’re here unlawfully, Unlawful presence is defined in Section 212(a)(9)(B) of the Immigration and Nationality Act (INA).
Answering the question if having a pending VAWA shields you from deportation, well it depends, most VAWA applicants are not a priority for deportation. ICE only has limited resources and they are trying to deport people who have deportation orders already or are criminals, if you’re none of that, I think you should be okay. Also remember, this is a country where we respect the due process, you shouldn’t be deported whihout seeing an immigrant judge.
Daniel Ad3d
it’s legal and your prima facie. The “prima facie determination” plays a crucial role in the VAWA visa application process in the United States. Obtaining this preliminary determination can provide you with protection from deportation, access to benefits and services, and the ability to work legally while your application is being evaluated.
Hope Hope3d
@Romeo riv @Daniel Ad ، sorry for silly question !
how about people who has approved vawa , only waiting for having a decision on their pending 485 .
bridges 53d
It’s just a surprise how people interpret immigration cases. If you have a pending Vawa and a work authorization, your status is a resident alien authorized to work in the United States, subject to the laws while your case is pending period. If you ever overstayed, which there’s a reasonable percentage of Vawa applicants and you were or are married to a US citizen, your overstay is forgiven due to your marriage to that US citizen and brings your stay current with your pending cases which sometimes begins as a marriage based case before evolving into that of Vawa. If you have an approved Vawa, definitely you have a work authorization like some people who have pending Vawa with work authorization. To interpret that means “ you are a resident alien authorized to work in the US. This status clarification is for those that I just highlighted above. On the other hand, for years now not everyone who filed for Vawa gets a prima facie, it is not that their case is not credible, sometimes the receiving office or officer who processed those petitions did not issue one and some people get it sometime down the process while some don’t get it at all but still get approved. we also have issues of people getting prima facie but still get their Vawa petition denied. To sum it all, the case of Vawa like every case is unique and don’t get the same treatment that should be standard across board. So becareful when drawing inference from one case to another because just like a marriage based case they are all unique in claims, processing and approval.
Good vibes For ever3d
you have pending status =you have legal status unless you get denied , combo issued for the purpose of traveling nothing changes that don't buy into fear mongering unless criminal record
Romeo riv3d
@Hope Hope when a VAWA applicant is approved, they’re usually issued Deferred Action, this is protection from deportation, so no you can’t be deported if you have an approved VAWA.
Tom Hank’s Hans2d
pending VAWA is not out of status, but once the VAWA is denied and don’t update to get into status then removal proceedings starts and will be in deportation lost
Daniel Ad2d
@Romeo riv even with a pending vawa, you are in legal status. @Mighty Popson you are in legal status in any pending applications in the USA. it could be refugees, extraordinary cases, any cases with pending status.
Romeo riv2d
@Daniel Ad Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2))
Simply filing an application for an immigration benefit or having a pending benefit application generally does not put an applicant in a lawful immigration status.[12] In general, once an immigrant benefit application is approved, an applicant is in lawful immigration status as of the date of the filing of the application.
this what the law says!
Daniel Ad2d
@Romeo riv please don’t mislead people. do you know what a lawfully immigration status and illegal or legal status are? I’m explaining you now. a lawfully immigration status is when you have a green card or any approved legal document. Being in illegal status is when you don’t have any status in the USA. Any pending immigration cases in USCIS is legal status and protect you from any deportation. you should learn a little bit immigration laws and know all differences. I’m a paralegal. The category of “illegal immigrant” contrasts with “legal” or “documented” immigrants.
in case @mighty popson is a “legal” immigrant with a pending case and waiting for being “documented”.
Daniel Ad2d
@Hope Hope don’t listen to not knowledgeable people. you are a “legal” immigrant with a pending case and waiting for being “documented”. when you get your green card then you become a lawfully immigrant.
bless Emma17h
I file Oct 2022 still waiting