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I-360 vawa Form: What You Should Know

Form I-485, Petition for Alien Relative, then his or her Attorney's appearance on Form G-28 should be made before the I-485 alien will receive his or her green card, since the I-485 applies to the petitioner as well. If your client is also eligible to file the I-485, If your client is also eligible to file the I-485, a lawyer can file Form I-360 as his or her second step—which is a very important step. However, you can do your best to obtain a lawyer's assistance by filing Form I-360 with your client's spouse, spouse's parents, spouse's brother, sister, in-laws, child (who is under the age of 18), or an aunt, uncle, niece, nephew, parent, or grandparent if those persons are, in fact, related to your client and your client is a U.S. citizen or green card holder. I-360 is also filed with a non-US citizen spouse. There really is no restriction on filing Form I-360 with a non-US citizen spouse. If the immigrant spouse is a permanent resident and has a criminal record, and is under 18, the spouse should be prepared to file Form G-28 before being given a green card. As mentioned before, the form is submitted to the U.S. Embassy in a sealed envelope, and is forwarded to the U.S. consulate within 14 days of the receipt. I-360 is approved if the visa processing time for the petition depends upon a specific, or substantial, change that occurs during the time the original application was filed. I-360 petitions which are submitted when a U.S. citizen in the applicant's immediate family has been granted a new green card, or is in the process of becoming a green card holder, are generally approved within three months. However, if the change, resulted from a crime, or a domestic violence, the processing time would not be complete.

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FAQ - I-360 vawa

Who is eligible for VAWA?

You are eligible to self-petition under VAWA if. You are an abused or battered spouse of a U.S. citizen or LPR. You are a spouse of a U.S. citizen or LPR and your child or children are being abused. You are a child of a U.S. citizen or LPR who is being abused or battered by that parent.

Who should file form I-360?

Who May File Form I-360? If you are 18 years of age or older, you may file this petition for a beneficiary (including yourself) who was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after December 31, 1950, and before October 22, 1982, and was fathered by a U.S. citizen.

How long does it take for I-360 special immigrant to be approved?

USCIS generally makes decisions on SIJ petitions within 180 days (about six months) from your official filing date.

What does I-360 approval mean?

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.

What is Uscis 360?

Use this form to classify an alien as. An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982);

How long does it take for an immigrant petition to be approved?

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation. It may be shorter for some and longer for others.

What is the purpose of form I-360?

Citizens. Widows and widowers of U.S. citizens may use Form I-360 to petition for a green card, on condition that they were not legally separated or divorced from the citizen at the time of his or her death, have not remarried, and that they file the petition within two years of the citizen's death.

Can I stay in the US while waiting for I 360 approval?

Once the visa program is open, you will be able to apply for your green card on your own. Nevertheless, with an approved I-360, you can remain lawfully in the United States. Moreover, within this period, you can apply for work authorization. You may also apply for employment authorization while you wait for your visa.

What does an approved I-360 mean?

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.

What happens if i360 is denied?

You will likely be charged with fraud as a reason to deport you and be put in removal proceedings. Even if your I-360 petition is denied based on a reason other than fraud, the USCIS can still charge you with fraud.

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