Table of Contents
Can you get citizenship through VAWA?
Eligible survivors of domestic violence who obtained their Green Card as the spouse or child of a lawful permanent resident who subjected them to battery or extreme cruelty may apply for naturalization after residing in the U.S. for 3 years as a lawful permanent resident (as a Green Card holder).
What are the steps in VAWA process?
Obtaining lawful permanent resident status through VAWA is generally a two-step process: one, filing the VAWA self-petition and two, filing the application for adjustment of status based on VAWA. This practice advisory goes through the second step, filing an adjustment application based on VAWA.
When can I apply for citizenship after green card through VAWA?
three years
Naturalization Eligibility for VAWA-Applicant Children of U.S. Citizens. If you received your green card as the abused child of a U.S. citizen, you can apply for naturalization after three years as an LPR. You can apply even if the abusive parent is no longer a U.S. citizen or has died.
Can you get a green card with VAWA?
A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.
What happens after prima facie VAWA?
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.
Can I travel after VAWA approved?
While the VAWA petition is pending, you can apply for work authorization and a travel document. Once your VAWA is approved, you can proceed to obtain lawful permanent residence.
What happens after VAWA case 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).
Can I travel after VAWA approval?
What happens after VAWA is approved?
How long does it take to get green card after VAWA approved 2020?
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.
What is the next step in the VAWA process?
After you’ve consulted with an immigration lawyer, the next step in the VAWA process is that you must file a Form I-360 with USCIS. The Form I-360 is the Petition for Amerasian, Widow (er), or Special Immigrant. The Form I-360 is the application that is filed with USCIS to apply for VAWA.
How to apply for a green card under VAWA?
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.
How do I file a VAWA petition on my own behalf?
Similarly, a self-petitioner under VAWA prepares a petition on his or her own behalf, but using USCIS Form I-360. In both cases, the person preparing the form must also include supporting evidence, such as a marriage or birth certificate and proof of the U.S. citizen or LPR’s status.
What is the difference between a non-VAWA and VAWA family-based petition?
With a non-VAWA family-based petition, a U.S. citizen or permanent resident prepares a petition on behalf of the immigrant beneficiary, on Form I-130 (issued by U.S. Citizenship and Immigration Services or USCIS). Similarly, a self-petitioner under VAWA prepares a petition on his or her own behalf, but using USCIS Form I-360.