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Process To Get A Green Card Under Vawa - Immigration - Alllaw: What You Should Know

The U.S. Citizenship and Immigration Services (USCIS) grants permanent resident status to the person filing the petition or the approved fiancé(e) or fiancée(s); and the sponsor of the petition. The USCIS also provides an electronic “Certificate of Eligibility” for a marriage-based Visa petition issued as a result of a U.S. court petition. The certificate is issued in order of filing date, but is not retroactive to a date earlier in your application process. You and the fiancé(e) or fiancée(s) must pay the appropriate filing fee. You should seek advice from an attorney knowledgeable on the laws and the facts you encounter, including: The purpose of the petition and the basis for it; Your case management plan; A case management conference in which the judge will decide the case in your favor; Your status-of-residence, legal presence (PR), immigration status; Any criminal or civil claims that might be filed against you; Any immigration charges against you and any pending administrative investigations or petitions; Additional resources to assist you, including attorneys representing your spouse/partner at an immigration hearing when a petition is deemed appropriate; Whether your partner (fiancé or fiancée) or any of his/her defendants can be allowed to live with you and be admitted to the United States and gain U.S. permanent residence; and The court's discretion to grant or deny the adjustment to status.  The judge may determine your immigration status. They will determine if you are a PR, an immigrant or a non-immigrant, or you are a “minor alien” or a “national of another country.” If you are denied an adjustment to status for whatever reason, you and your fiancé(e)/fiancée(s) may file a lawsuit at an immigration hearing that will determine your case and your immigration status. If necessary, you can have a separate lawsuit in the U.S. District Court for the District of Columbia as well. This is called a second-tier case, even if the primary proceeding is before an immigration judge. Your fiancé/fiancée may be allowed to stay if the court determines there are substantial grounds for the denial of an adjustment to status. If you have a criminal record, you will be notified that you have been charged with a crime.

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FAQ - Process To Get A Green Card Under Vawa - Immigration - Alllaw

How long does it take to get prima facie in VAWA?
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 when VAWA is approved?
Your client's approved VAWA Self-Petition gives her a basis of eligibility to apply for lawful permanent residence through an adjustment of status application. However, she may have to wait until an immigrant visa (i.e., Green Card) becomes available to her (see explanation regarding the Visa Bulletin below).
What is prima facie in VAWA case?
The prima facie determination letter does not mean you have been granted VAWA protection. It means that the evidence you have presented appears, at face value, to be sufficient. Your VAWA case will continue to a final determination.
What happens at VAWA green card interview?
At a VAWA Adjustment interview, the officer is determining if the applicant is eligible or ineligible for permanent residence. The I-485 and G-325A applications are the forms the applicant provided when he or she requested permanent residence.
What happens after you get the prima facie determination?
Once USCIS makes a prima facie determination that there is abuse, USCIS is closer to granting the I-360. Once the I-360 is granted, the petitioner does not obtain legal status in the United States. It means that the VAWA petitioner can apply for adjustment when they are eligible to do so.
Is VAWA hard to get approved?
Other VAWA Application Challenges All it takes is a copy of the spouse's U.S. passport, green card, U.S. birth certificate, or certificate of naturalization. However, obtaining this can be exceedingly difficult 14particularly in relationships where the abusive spouse had exclusive access to all legal documents.
How long does VAWA take to be approved 2021?
The Vermont Service Center, where the VAWA petitions are decided, states that the approximate processing is 16 and a half months to 21 months for a VAWA petition. The VAWA application takes a while to be approved. Typically, there is not a way to speed up the process.
Does USCIS investigate VAWA?
When you begin the process of filing for U.S. residence under the Violence Against Women Act (VAWA), you must not only fill out and submit a self-petition on Form I-360 to U.S. Citizenship and Immigration Services (USCIS), but also submit evidence showing that you meet the VAWA eligibility requirements and qualify for ...
Is there an 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.
Is there an interview for a VAWA in the US?
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.
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