What is an I-360 approval notice?

If USCIS needs more evidence to determine whether it should approve your I-360, it will send you a letter asking for it. If USCIS believes it has enough evidence showing that you are an abused spouse, parent, or child, it will send you an approval letter for your self-petition.

What is an I-360 form?

The I-360 petition is one that U.S. Citizenship and Immigration Services (USCIS) provides for foreign nationals wishing to begin the green card (lawful permanent residence) application process within one of the “special immigrant visa” categories (see below), or as an Amerasian, a widow(er) of a U.S. citizen, or a …

How do you know when your VAWA is approved?

When you file the I-360 form with the attached evidence, it may take between 16 to 21 months to process your VAWA petition fully. USCIS will issue a Prima Facie Determination Notice to VAWA petitioners who qualified and fulfilled requirements. When you receive such a notice, it is valid for 150 days.

What happens after Form I-360 is approved?

After a Form I-360 petition is approved, the self-petitioner may apply for adjustment of status until his or her priority date is current. Battered spouses or children in the immediate relative category will be able to apply for adjustment of status as soon as the Form I-360 is approved.

How long after VAWA is approved?

USCIS does not provide a timeline for this process, however, it may take between 6 months to 2 years for approval. When your VAWA case is approved, you may file a Form I-485 Adjustment of Status to apply for a green card.

Is there any interview for VAWA?

USCIS will not interview you about your VAWA self-petition and there is no court date so you will not have to testify about the abuse. USCIS will decide whether to grant your self-petition based on the written evidence that you submit.

Can I travel while my VAWA is pending?

o No, please strongly advise against travel. Your client can be barred from applying to adjust status to that of lawful permanent resident if they have accrued unlawful presence and leave the United States.

What to do before filing Form I-360 as VAWA self?

An alien considering filing a Form I-360 as a VAWA self-petitioner should consult with an experienced immigration attorney in order to determine whether he or she would ultimately be eligible to adjust status.

When to apply for adjustment of status as VAWA self?

An alien with an approved Form I-360 Petition as a VAWA self-petitioner may apply for adjustment of status when his or her priority date is current. VAWA self-petitioners are exempt from the prohibition against adjustment of status based on entry without inspection (EWI) and the bars to adjustment listed in section 245 (c) of the INA.

Can a VAWA self petition get a work permit?

The alien may be provided with an “employment authorized” endorsement or work permit “incidental to such approval.” Those with approved Form I-130 petitions as VAWA self-petitioners are exempt from bars to adjustment of status related to EWI and under 245 (c) of the INA.

How to apply for a VAWA green card?

VAWA imposes two steps to undertake in order to apply for a green card. You may file: a Form I-360 and supporting evidence with U.S. Citizenship and Immigration Services (USCIS), and then after it’s approved