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Application Process for a VAWA Green Card

VAWA Petition Immigration Lawyer 118-21 Queens Blvd, Forest Hills, NY 11375

There are two steps to applying for a green card on your own, without relying on your abusive spouse or parent, as allowed under the Violence Against Women Act (VAWA). First, you must file Form I-360 and supporting evidence with U.S. Citizenship and Immigration Services (USCIS). If your self-petition is approved, the next step is to file an application for a U.S. green card (lawful permanent residence).

Filling Out Form I-360

In order to apply for a green card under VAWA, you must first fill out USCIS Form I-360 and submit it to USCIS. You will also need to send documentary evidence that you meet all of the eligibility requirements. The usual filing fee is not required for self-petitioning abused spouses, parents, and children.

What to Include With Form I-360

In addition to the form, you will need to include evidence that you meet all the requirements of VAWA. This evidence should include such items as:

a declaration describing your relationship, the abuse you suffered, your good moral character, and anything else relevant to proving your eligibility. Other evidence of the abuse, such as police or hospital records or court-issued protective orders police clearance records showing your criminal record, or lack thereof, and other evidence that you are a person of “good moral character”—you can obtain the certificates from the police department of any town you have lived in during the last three years for more than six proof that the abuser is a U.S. citizen or green card proof that you are the abuser’s spouse, child, or parent (marriage or birth certificate) proof that you lived with the abuser, and proof that you currently live in the U.S.

It is also helpful to include a cover letter on top of the application describing how you meet each requirement and the evidence you have submitted to prove it.

What Happens After You Submit the I-360 Self-Petition?

After USCIS receives your I-360 petition, it will send a receipt notice to the address you have provided on the form. USCIS may then review the self-petition to see whether it can be approved if everything you stated within is true. This is called a “prima facie determination.” If USCIS decides that your self-petition can be approved if it is true, it will send you a “Prima Facie Approval” letter. This does not mean you are granted anything yet. It does, however, mean that you can qualify for some types of public assistance. After sending you this Prima Facie Approval letter, USCIS will take more time to look carefully at your self-petition.

If USCIS needs more evidence to determine whether it should approve your I-360, it will send you a letter asking for it. You will have 60 days to give USCIS the new evidence or an explanation as to why you cannot do so.

If USCIS does not believe you qualify as an abused spouse, parent, or child, it may send you a “Notice of Intent to Deny.” This will state the reasons why USCIS believes you do not qualify, and it will give you additional time to send evidence that will change its mind. If you do not do so, USCIS will deny the self-petition. USCIS can also deny your I-360 without sending you a Notice of Intent to Deny.

If USCIS believes it has enough evidence showing that you are an abused spouse, parent, or child, it will send you an approval letter.

After Your I-360 Is Approved

After USCIS approves your I-360, you can begin to prepare your application to adjust your status (receive a green card). The main form for this is USCIS Form I-485 <https://tracking.cirrusinsight.com/ceae84d1-c318-4c77-acc0-0d68423748fe/uscis-gov-sites-default-files-files-form-i-485-pdf>.

If the abuser is a U.S. citizen, then you are eligible to apply as soon as your I-360 has been approved.

If the abuser is a permanent resident (green card holder), however, you will have to wait for a visa to become available in order to apply for your green card. However, with an approved I-360, you can remain lawfully in the U.S. and can apply for work authorization while you wait. Your place on the waiting list is based on your “priority date,” which is the date that your I-360 was approved. However, if the abuser previously filed an I-130 visa petition for you, you can use that priority date instead.

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