I-360 PETITION FOR BATTERED SPOUSE, CHILDREN, OR PARENTS
The Violence Against Women Act (VAWA) provisions under the Immigration and Nationality Act allows certain battered spouses, children, and parents of U.S. Citizens or Lawful Permanent Residents to petition themselves. This is the first step towards obtaining permanent residence, or a green card, and in certain circumstances may be filed concurrently with the adjustment of status application. Upon approval of the I-360 Petition, the beneficiary may work legally in the United States and will have the opportunity to secure certain benefits. As a cautionary measure, the I-360 petition can be done without the notification or involvement of the abuser.
At Tsang and Associates, we have successfully helped many individuals receive their Lawful Permanent Residence through the I-360 Petition. We understand the unique challenges and concerns that applicants face as they consider applying for this petition. During our consultation, we will help you determine whether you are eligible, inform you about the steps you need to take, and answer any questions you may have about the process.
Our goal is to provide you with professional and trustworthy service and to place your safety and well-being at the forefront of everything we do.
Our primary structure is unique to us as we strive to engineer our service for each client individually. We adapt price standards that are capable of fluctuating for each respective case. Clients may retain us for one or all of the above steps/services.
Our typical fee for a standard I-360 case is TBD, not including governmental fees and third-party extensions. We are happy to customize a proposal for yours during a consultation. Please see below for more information.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for I-360 Application
This is the most crucial step for your entire I-360 Application. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Prepare and Submit the I-360 Application
Our attorneys will craft your I-360 arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.
Step 3: Await the Decision
Once the case is filed, the USCIS will issue a receipt notice and subsequently an RFE, NOID, Denial, or Approval Notice.
Step 4: Approval is Only The Beginning
Once your I-360 is approved, it is time to prepare to file I-485, Adjustment of Status. If the Adjustment of Status was filed concurrently, we will guide you through the process of obtaining your U.S. Citizenship.
Checklist of Required Evidence
- Evidence of the abuser’s U.S. citizenship or lawful permanent resident status
- Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser
- One or more documents showing that you and the abuser have resided together, such as employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, insurance policies, or affidavits
- Evidence of the abuse, such as reports and affidavits from police, judges, court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. If you have an order of protection, or have taken other legal steps to end the abuse, you should submit copies of those court documents.
- If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the three-year period immediately before you filed your self-petition
- If you are a spouse, submit evidence showing you entered your marriage in good faith, such as proof that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also submit your affidavit or affidavits of others who have knowledge of your courtship, wedding ceremony, shared residence, and other life experiences, if available.
NOTE: You may submit any relevant credible evidence in place of the suggested evidence if you are a:
- VAWA self-petitioning spouse or child of a U.S. citizen or lawful permanent resident, or
- VAWA self-petitioning parent of a U.S. citizen son or daughter.
Updated I-360 USCIS filing fee
Eligibility for I-130 Waiver
- An Amerasian (Born after 12/31/1950 and before 10/23/1982);
- The widow(er) of a U.S. citizen;
- Self-petitioning spouse or child of an abusive U.S. citizen or lawful permanent resident;
- Self-petitioning parent of an abusive U.S. citizen; or
- A special immigrant. A special immigrant is defined as one of the following:
- Religious Worker
- Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;
- International Organization or NATO-6 Employee or Family Member;
- Juvenile Declared Dependent on a juvenile court;
- U.S. armed forces member;
- Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
- Iraqi national who worked for or on behalf of the U.S. government in Iraq or
- An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan.
- Broadcasters; or
- Other classifications not listed above may be eligible to use Form I-360. Please check www.uscis.gov/i-360 for updates.
SAMPLE & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-360 petition.
Cover Letter: [coming soon] We will also provide a cover letter sample for the I-360 petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
FREQUENTLY ASKED QUESTIONS
Should letters of support from family and friends be notarized?
We recommend notarizing letters, but it is not required as long as the writer has signed the letter himself/herself.
How long will it take to adjudicate the VAWA self-petition?
Once the VAWA self-petition is approved, how long will it take for an interview on the application for adjustment of status?
Can I file a VAWA petition if I don't have a police report?
Will my abuser find out about my application?
Can a man file a VAWA petition?
Do I qualify for VAWA if I was not physically abused?
Can I file a VAWA petition if my abuser has a temporary visa or no legal status?
National Domestic Violence Hotline
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.