VAWA: A step-by-step guide to applying for U.S. lawful permanent residence independently, without the help of your abusive sponsor

VAWA: A step-by-step guide to applying for U.S. lawful permanent residence independently, without the help of your abusive sponsor

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). The next step is to file an application for a U.S. green card (lawful permanent residence), using Form I-485 and supporting documents.

If you are the spouse of a U.S. citizen, you can combine these steps into one, and file the I-360 and the I-485 together, or “concurrently.” If your U.S. spouse is a lawful permanent resident (a green card holder), then you are not an immediate relative, and your only choice is to file the Form I-360 first, wait for approval, wait for your Priority Date to become current, and then file the I-485 application.

Filling Out Form I-360

In order to apply for a green card under VAWA, you must first fill out USCIS Form I-360. 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.

Form I-360 is used for several different types of applications, which means you will not need to fill out the entire form. Skip the portions that say: “Part 5. Complete Only If Filing for an Amerasian;” “Part 6. Complete Only If Filing for a Special Immigrant Juvenile Court Dependent;” and “Part 8. Complete Only If Filing a Special Immigrant Religious Worker Petition.” Don’t forget to fill out Part 7 and Part 9. In addition, don’t forget to sign the application in Part 10. If someone helped you fill out this form, that person should fill out Part 11.

Most of Form I-360 is pretty straightforward; however, there are a few things to consider. First, Form I-360 allows you to use another person’s address in Part 1 instead of your own, in case you are still living with an abusive person who may get angry and punish you for filing this form. This is the address where all USCIS notices will be sent, so be sure that you can receive mail at this address in the future. If you want to use your own address, you can leave Part 1 blank and proceed to Part 2.

Self-petitioning spouses and children should check either box “i” or box “j” in Part 2. Parts 3 and 4 ask you for information about yourself. Part 7A asks for information about the abuser and Part 7B asks for more information about your relationship with the abuser. Be sure to list all children in Part 9—yours, and if you are filing as the spouse of an abuser, the abuser’s children also (whether they’re also yours or not).

In addition to the form, you will need to include evidence that you meet all the requirements of VAWA.

What to Include With Form I-360

• 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 months
• proof that the abuser is a S. citizen or green card holder
• 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.

Submitting Form I-360

The I-360 page of the USCIS website contains complete submission instructions—but there’s one very important thing you need to figure out before you send it in. Are you the immediate relative of your abuser (i.e., the spouse, parent, or minor, unmarried child of a U.S. citizen), or do you have a current priority date (based on a previously filed I-130)?

If so, you can save a lot of time by filing your I-360 at the same time as your green card application (described below). That way, you don’t have to wait for USCIS approval of the I-360 before moving forward with your green card application. Otherwise—for example, if you’re the spouse or child or a U.S. permanent resident and he or she has never submitted a visa petition on your behalf—you will need to submit your Form I-360 to USCIS, wait for approval, and then file your green card application.

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 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. 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.

Because this process is complex, however, you’d be well advised to get a full analysis of your situation from an experienced immigration attorney, who can also help you prepare the paperwork and monitor your application as it makes its way through the system.

Contact one of our experienced immigration lawyers in New York at 718-407-0871 or online at https://www.prizant-law.com if you need help with VAWA petition or any other solutions to your immigration problems.

Contributed by Svetlana Prizant, Esq., an Award Winning New York Immigration Lawyer

Call or visit Prizant Law at:
Prizant Law
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