VAWA Abused Spouse Green Card Filings Can Halt DACA Approvals
In the latest news from AILA (American Immigration Lawyers Association), filing a DACA (Deferred Action for Childhood Arrivals) case – which doesn’t lead to a green card but the chance for a two year work permit – at the same time as a VAWA (Violence Against Women Act) immigrant visa case may slow down the issuance of a DACA work permit: “The Vermont Service Center (VSC) only adjudicates DACA applications in which a VAWA-related application is also identified . . . .
If there is a VAWA-related filing at the VSC, a DACA application filed elsewhere for the same applicant will be forwarded to the VSC. Per the VSC, if the VAWA-related application is close to its normal processing time, it will be adjudicated first. If the VAWA-related application is not close to the normal processing time the DACA application will be adjudicated first. According to VSC the transfer process may cause a slight delay in adjudications. The delay appears more significant where the VAWA-related filing occurs after the DACA application is already pending, though some members have experienced faster VAWA-related adjudications where the VAWA-related application is filed first. Because the DACA processing time is significantly shorter than that for a U/T/VAWA petition, members may want to consider filing clients’ DACA applications first and waiting until the application is adjudicated before filing a VAWA-related application. Posted on AILA InfoNet Doc. No. 13093006 (posted Sep. 30, 2013)
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com
Immigration Attorney Heather Poole discusses latest developments in how advance parole affects departure and triggering of the 10 year bar and unlawful presence issues (and need for I-601) and whether advance parole can apply retroactively to provide a legal entry when your original entry was illegal.
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