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Immigration question - I360 petition for Amerisian, widow or special immigrants.

San Francisco, CA |

My petition for VAWA was approved (abused by ex husband) I provided immigration with recordings, pictures, police report and everything about the abuse. He was charged, I have restraining orders.... The application was approved so does that mean that i now can have my green card for sure or will there be a green card interview?

I filed for the I-485 (application to register permanent residence or adjust status) at the same time I filed for VAWA and also filed for my I765 (application for employment authorization). I filed for everything in April 2011 then now got the notice that my I360 was approved.

Attorney Answers 3

  1. Best answer


    Congratulations on the VAWA approval. With concurrently filed VAWA and adjustment, once Vermont Service Center approves the I-360, they transfer the file to the local district office for an adjustment interview. The local office will determine during the interview whether there are any inadmissibility issues that are not automatically waived under VAWA, as well as verifying the information on your I-485 application. (They legally cannot and should not go into detail about your eligibility for the I-360 VAWA petition since it already has been approved.

    Thus, the approval of the I-360 is not an automatic approval of the I-485 as well. That will be adjudicated separately and almost certainly will require an interview.

    Best wishes,

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.

  2. you should receive a green card unless the VAWA laws and policy change.

  3. Do you mean your I-360 was approved? This means that you have been granted Deferred Action through your VAWA self-petition, so you will not be deported, and you are allowed work authorization. However, this does not necessarily mean that you'll be eligible for a green card. You should meet with an immigration attorney to make sure you are otherwise admissible (especially make sure no permanent bar applies in your case), if you are admissible, you will be able to apply for your green card. If you have any other questions, feel free to call - I practice in San Francisco.

    Good luck,

    Otis C. Landerholm, Esq.

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