The approval of an I-360 petition represents a noteworthy achievement for individuals pursuing immigration benefits within the United States. Upon the success of your VAWA self-petition, your progress toward acquiring the benefits you are entitled to will commence.
Examine the subsequent procedures following the support of an individual’s special immigrant request. Discover this comprehensive manual to navigate the following stages of the immigration process effectively.
What Happens After The Approval Of VAWA Self-Petition?
After the successful determination of your I-360 petition, an official approval notice will be issued to you by the U.S. Citizenship and Immigration Services (USCIS).
After the approval of the I-360 petition, someone does not automatically become a U.S. citizen. Certain special immigrants, including Amerasian immigrants, special immigrant juveniles, religious workers, and others, file the petition. While it grants them a specific immigration benefit or status, it does not lead to immediate citizenship.
USCIS will send you a letter called Form I-797C, Notice of Action, to give you important information about different situations:
- Receipt Notice: USCIS will send you a receipt notice after you submit a petition or application. This letter confirms that they have received your case and the filing fees. It also provides a unique receipt number to track your case online.
- Rejection Notice: If your filing is incomplete or has incorrect information or payment, USCIS will issue a rejection notice. This means they won’t accept your application for processing.
- Transfer Notice: Sometimes, USCIS moves cases to other offices to speed up processing. If your case is transferred, you will receive a transfer notice informing you about the change.
- Re-open Cases: If your case was previously denied, but USCIS reopens it for processing, they will send you a notice of reopening.
- Appointment Notice: When you have to attend a USCIS appointment, like for biometrics or an interview, you’ll get a notice. This letter tells you the date and time of your appointment.
What’s Next After Getting An I-797C Receipt Letter?
If you get an I-797C receipt letter, it means you have submitted a request for an immigration benefit. However, it doesn’t mean USCIS has approved your application yet. For example, if you apply to become a U.S. citizen using Form N-400, USCIS will send you Form I-797C to confirm they received your application. But it doesn’t mean you are already approved for citizenship.
After receiving the Approval Notice, review your immigration status, work authorization, and instructions. It is important to follow any significant directions like work/travel restrictions.
Make extra copies and ensure to place them in a safe area. Applications and documentation for immigration require these copies.
If the permission notice specifies any follow-up actions or forms, ensure to submit them to the relevant authorities immediately. It could involve changing your immigration status or applying for a Green Card.
Adjustment Of Status Or Consular Process?
Knowing your options for becoming a permanent resident of the United States is an essential first step in the immigration process. If your I-360 petition is accepted, you must choose between status adjustment and consular processing.
Adjustment Of Status
The term “adjustment of status” describes the procedure of applying for LPR status while already present in the United States. If you qualify for AOS, you can file Form I-485 with USCIS. The procedure allows you to become a permanent resident without leaving the country.
Consular Processing
On the other hand, consular processing entails applying for an immigrant visa at a consulate or embassy in their home country. The case will be transmitted to the appropriate U.S. embassy or consulate once the USCIS approves the I-360 petition.
An immigration lawyer can give you advice tailored to your circ*mstances. They can help you weigh your options’ benefits and choose the best action.
Submit Additional Documentation
The next step in the immigration procedure could involve submitting extra paperwork. Requests for additional materials bridge application gaps and address issues.
Some supplemental documents may include a Request for Evidence (RFE) from USCIS, and If the USCIS denies your request and claim, it may issue a NOID. Requests for more evidence are typical. Examples include proof of a qualified relationship, continual abuse or harm, or immigration category eligibility.
They may also ask you to clarify your case throughout processing. The criteria may include your connection, abuse or victimization, and other factors.
Interview & Adjudication
The interview and adjudication of a successful candidate are one of the steps required to gain legal permanent resident status in the United States. The accuracy of the applicant’s eligibility determination depends heavily on this phase.
Immigration officials can verify details during interviews and determinations. The method ensures all information is accurate, complete, and matches the petitioner’s credentials.
It also prevents immigration fraud and misrepresentation. The interview might address questions about the candidate’s approved form. They can explain discrepancies or add evidence to support their claim.
The interview and adjudication process can determine the eligibility for benefits. Immigration officials check history, relationships, supporting documents, and admissibility to ensure compliance.
The background check may reveal the candidate’s disqualifying factors. Interviews and adjudication provide fairness in the immigration system. It ensures that approvals are based on facts, as the law requires.
What Happens When I-360 Is Denied?
The I-360 is a form for individuals seeking special immigration benefits, such as spouses of abusive U.S. citizens. Understanding the implications of denial is essential for affected individuals to make informed decisions moving forward.
Upon receiving a denial notice, the applicant can appeal the decision or submit a motion to reopen or reconsider the case. Engaging the services of an experienced immigration attorney is vital during this process. They can assess the reasons for the denial and advise on the best course of action.
Alternatively, if the denial is due to the ineligibility of the petitioner, there may be other immigration pathways available. Exploring alternative visa options or family-sponsored petitions could be viable options for those facing an I-360 denial.
It is crucial to remember that a denied I-360 petition does not necessarily mean the end of the road. With the guidance of a lawyer for immigration, individuals can still pursue their dreams of immigrating to the United States.
Additionally, a thorough understanding of available options is essential during this process. Patience, perseverance, and the proper legal counsel can make all the difference in overcoming the challenges presented by a denied I-360 in Texas.
Learn Post-Approval Rights & Duties
The petitioner must understand their rights and responsibilities for the post-approval process to work. The granted individual may be eligible for several perks and privileges, including an Employment Authorization Document (EAD).
It allows the beneficiary to work in the United States if approved lawfully. Additionally, they may qualify for adjustment of status to become a lawful permanent resident or Green Card holder.
This AOS can be a transformative step, granting the beneficiary the right to live and work in the U.S. indefinitely. It also provides certain other benefits, such as the ability to travel freely outside the country and return without jeopardizing their status.
Hiring A Reputable Immigration Lawyer
Immigration attorneys possess knowledge and experience in handling VAWA and I-360 petitions. They are well-versed in the intricacies of these specific immigration pathways, understanding the unique challenges and requirements applicants may face. With their competence, they can skillfully prepare and present a strong case on behalf of the petitioner, increasing the chances of approval.
Personalized Guidance & Support
Each immigration case is unique, and an experienced VAWA attorney will take the time to understand the petitioner’s specific circ*mstances thoroughly. They will assess the case from all angles, providing tailored advice and strategies to address potential challenges.
This level of support alleviates the stress and uncertainty often associated with the immigration process and allows the petitioner to focus on other essential aspects of their life.
Mitigate Delays & Reduce Risks
Handling the VAWA and I-360 approval process without legal representation can lead to delays and increased risks. Errors in paperwork or missed deadlines can set back the application significantly. An immigration lawyer ensures that all forms are completed accurately and submitted on time, reducing the risk of processing delays.
Moreover, they are skilled in identifying potential red flags or issues that might jeopardize the application. Addressing these concerns increases the chance of a successful outcome and prevents unnecessary setbacks.
Summary
After obtaining the approval of your I-360 petition, you will receive an official notice from USCIS. However, this approval does not automatically grant U.S. citizenship. Following the approval, USCIS will send you Form I-797C, Notice of Action, which provides crucial information about various scenarios.
Understanding these steps will help you navigate the immigration process effectively after obtaining an I-360 approval. It may impact your continued eligibility or legal situation. In addition, you must also continue to demonstrate good moral character, meet all of your duties, and behave following all applicable immigration rules.
What You Need To Know When You File A VAWA
