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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.

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LEGAL FEE

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. 

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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.

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ADDITIONAL RESOURCES

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.

Filing Fee

    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:
      1.  Religious Worker
      2.  Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;
      3.  Physician;
      4.  International Organization or NATO-6 Employee or Family Member;
      5.  Juvenile Declared Dependent on a juvenile court;
      6.  U.S. armed forces member;
      7.  Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
      8.  Iraqi national who worked for or on behalf of the U.S. government in Iraq or
      9.  An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan.
      10. Broadcasters; or
      11. Other classifications not listed above may be eligible to use Form I-360. Please check www.uscis.gov/i-360 for updates.

    SAMPLE & TEMPLATES

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    Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-360 petition.

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    Cover Letter: [coming soon] We will also provide a cover letter sample for the I-360 petition.

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    Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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    Forms: Here is a list of the forms that are needed by USCIS

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    Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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    USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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    USCIS Mailing Address: This address is where it is mailed to USCIS.

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    USCIS Processing Timetable: This will help you figure out how long it will take to process.

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    ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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    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?

    Please see the current processing times at www.uscis.gov. Processing times vary per office. Please review for I-360 processing times.

    Once the VAWA self-petition is approved, how long will it take for an interview on the application for adjustment of status?

    Please see the current processing times at www.uscis.gov. Please review for the processing time on the I-485.

    Can I file a VAWA petition if I don't have a police report?

    A police report, medical records, or a temporary protective order are nice to have in a VAWA case, but are not required. The reality is that many qualified VAWA applicants are too terrified to seek protection, medical care, or contact the police, as their abuser often threatens to get them deported should they seek help. A qualified immigration attorney can help eligible VAWA applicants plan alternative forms of evidence to present a strong case. Keep in mind that US CIS officers who review VAWA cases are trained in the dynamics of domestic violence, and understand the common barriers immigrant victims face in seeking protection.

    Will my abuser find out about my application?

    VAWA applications are confidential and USCIS does not share information about the case with anyone except the applicant and their attorney to ensure the safety of the applicant. USCIS will allow an alternative safe address on the application, so VAWA applicants can easily ensure no mail about the case will be sent home. Also, there are many non-profit organizations that can help immigrant victims put together a safety plan, as well as find shelters, counselors, and other confidential support.

    Can a man file a VAWA petition?

    VAWA provisions apply equally to men and women, and it is sadly not uncommon for a U.S. citizen or green card holder to mistreat family members dependent on them for immigration status. All applicants considering a VAWA application should review their case with a qualified attorney or BIA accredited representative to assess if they have been battered or subject to extreme cruelty.

    Do I qualify for VAWA if I was not physically abused?

    VAWA applicants must demonstrate they have been battered or subject to extreme cruelty. So applicants who were not physically harmed may still qualify if they have been subject to emotional abuse, psychological abuse, sexual abuse or extremely cruel behavior. Meeting with domestic violence counselors in these cases is a good starting point to both heal and help the immigration case.

    Can I file a VAWA petition if my abuser has a temporary visa or no legal status?

    VAWA will generally not work in this scenario, but there may be other immigration protections available depending on the specifics in the case, including U visas, T visas, SIJ, asylum, deferred action, and work permits for certain spouses of those on temporary work visas (pending upcoming regulations).

    National Domestic Violence Hotline

    http://www.thehotline.org/ 

    1-800-799-7233 ; 1-800-787-3224 has information about shelters and mental health care

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    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.

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