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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.

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Attorney answers 3

Best Answer
Posted

Hello,

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,
Jennifer

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.

Asker

Posted

So now, I have to wait for the green card interview notice. Do you know how long that could take to come?

Jennifer Doerrie

Jennifer Doerrie

Posted

Most of my clients have their adjustment interviews scheduled within approximately 90 to 120 days of the I-360 VAWA approvals, but that time can vary a bit depending on the number of cases awaiting interviews in your local office (San Francisco) and the time the file takes to transfer from Vermont Service Center. If you have not received an interview notice within 6 months of your I-360 approval, then an inquiry may be needed.

Posted

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

Asker

Posted

will they ask for an interview before they send the green card?

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

likely not

Posted

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.
www.LanderholmLawOffice.com

Asker

Posted

I had already been granted a work permit a few months after I filed for VAWA. Now, my I360 was approved and I wanted to know if that's my green card or do I have to file more papers or go to an interview for the green card.

Asker

Posted

there are no bars on my case.

Asker

Posted

also, I had already 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.

Asker

Posted

also, I had already 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.

Asker

Posted

also, I had already 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.

Otis Carl Landerholm

Otis Carl Landerholm

Posted

You will need to submit a completely different application in order to apply for "adjustment of status" and to apply for your green card. The I-360 is just the "petition" (step one of the process), the next step is ensuring that you are eligible for adjustment, and to prepare and submit that application. Please feel free to contact me if you have any additional questions: 415-322-0960. Good luck. Otis C. Landerholm, Esq. www.LanderholmLawOffice.com

Asker

Posted

Sorry about all the comments, my internet went tits up. I have a lawyer working on my case, I'm only asking questions because it's the weekend and I'm anxious about the process but the I485 adjustment of status was already filed when I filed for VAWA last year. I am eligible for adjustment of status, any reason why I would not be?

Otis Carl Landerholm

Otis Carl Landerholm

Posted

Oh, if you have an attorney, you should be discussing this with him or her. If you're attorney has done a good job preparing the case, then you'll likely be given an interview next, and then (hopefully) a grant of your application. Once again, I wish you good luck.