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What does it mean when USCIS Vermont renews VAWA(Battered Spouse) Prima Facie for only 2 months?

Houston, TX |
Filed under: Immigration

I self petitioned for VAWA I-360 as a battered spouse in March 2011 with Vermont Processing center. It has been 1 year and 2 months since.
In the meantime they issued me Prima Facie Determinations twice which were for 180 days each. My 2nd PFD has not yet expired but they already sent me a 3rd PFD. For the second PFD I had to request for an extension after the first expired. I had not even requested for the 3rd and it is here- start date is set for before the 2nd expires and ONLY FOR 2 MONTHS instead of 6 months.
On USCIS website where I can enter my case number and see my case status, it still says INITIAL REVIEW as it has all along.
I have never been issued RFEs.On most Immigration forums I have read online, I see they have issued RFEs to petitioners; not me though.
What should I expect

Attorney Answers 3

Posted

From the date you establish prima facie case for your VAWA application, you are granted permisson to apply for certain public benefits. Since adjudications usually take some time, in some cases over a year like yours, you require an extension of your prima facie determination, in order to be able to continue receiving the benefits, if you have applied for any. As to your case, do not be alerted that USCIS has not issued an RFE in your case, since one is not required, or potentially you will receive one once your case will be adjudicated. It will be great if your case will be approved without one being issued at all. However, if you do get an RFE and unsure on how to respond, consult an experienced immigration attorney to help you.

Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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2 comments

Asker

Posted

Does the third PFD being issued without the second expiring and stipulating a 2 month extension mean that the case is closer to decision or is it just Standard Operating Procedure by USCIS?

Gintare Grigaite

Gintare Grigaite

Posted

The best thing to do is to look up processing time for your particular case, and you will know exactly if your case is close for the adjudication. You may do so by checking it online with your receipt number, or by calling USCIS at the 1-800 number provided on the Notice of Action, and asking the same question over the phone.

Posted

I agree with my colleague.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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Posted

Agreed.

FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question. kiki@kikislaw.com

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