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What to Expect Once the VAWA

Case is Filed SOURCES

Because they are anxious about the process and are ready to start a new chapter in their lives, your client may request status on their VAWA case or employment authorization petition. The CIS has developed online tools to monitor the pending cases almost effortlessly. You can use these tools to advise the client about the approximate date of adjudication. Read below to find out more.

his chapter will assist you in representing your client from the point the VAWA case is mailed through adjudication. If unexpected issues arise with the case, you should not hesitate to contact HRI for assistance.

19.1 Once the package is submitted you can expect to receive the following

documentation from CIS:

1. Receipt Notice1. Once the package is filed with VSC, the center will issue a receipt

notice for the I-360 petition and I-765 application stating the notice date, receipt date, receipt number, and the approximate date of adjudication. You should receive the receipt two to three weeks after the package has been submitted. Please forward a copy of the receipt notices to HRI. You should continuously monitor the case once this receipt notice is issued. The CIS website provides the following online services to continuously monitor the case:

a. “Finding the Status of Your Case”: You can insert the

receipt number of your client’s case into the “Case Status Search Page” and find out the current status of the case.

b. “Obtaining a List of Processing Dates”: CIS reviews cases in the order they are received. Every two to four weeks the

1 See the Appendices for a Sample I-360 Receipt Notice and Sample I-765 Receipt Notice.

Chapter

19

T

Need to contact

VSC about your pro bono case? Telephone the VAWA Hotline at (802) 527-4888 or via facsimile at

(802) 527-4851.

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CIS publishes a report containing the receipt date (found on the receipt notice) they are currently working on. This is useful to estimate the approximate date of adjudication.

c. “Case Status Portfolio with Updates via Email”: This serves the same

purpose as “A” above. However, the CIS will email you directly if the case status for the receipt number changes. Please check the status periodically as it may take a while for updates to be posted.

All of these services can be found on the CIS website at:

https://egov.uscis.gov/cris/jsps/index.jsp

2. Prima Facie Establishment of Case2. Battered immigrants filing self-petitions who can establish a "prima facie" case are considered "qualified aliens" for the purpose of eligibility for public benefits (Section 501 of the Illegal Immigrant Responsibility and Immigration Reform Act (IIRIRA)). CIS reviews each petition initially to determine whether the self-petitioner has addressed each of the requirements listed in Chapter 3 and has provided some supporting evidence.

If the Service makes a prima facie determination, the self-petitioner will receive a Notice of Prima Facie Determination valid for 150 days. The notice may be presented to state and federal agencies that provide public benefits. Since most petitions are not approved within 150 days, you should request an extension3

approximately sixty days prior to the expiration. It should be continuously extended

as necessary until a final decision has been made on the petition.

19.2 Request for Evidence (RFE)4. In some instances the CIS will issue a request for evidence

because they do not feel the self-petitioner has provided enough evidence on a portion of the required evidence. In most instances this refers directly to the bona fide relationship. A safeguard is to supply ample evidence. However, in some instances this information is unavailable during the initial submission. If you receive an RFE, you should contact HRI immediately for assistance with the response.

19.3 Adjudication of Case. Historically, VAWA cases have taken between 3 and 18 months to

process. At the time this chapter was updated, VAWA petitions were taking approximately one year. To check the status of your client’s pending petition, please visit the CIS website at www.uscis.gov.

19.4 Decision on case. Once the client’s petition is approved5 she may be eligible to apply

for permanent residence. HRI can assist with this process in-house. Therefore, once you receive an approval, you should notify HRI immediately and transfer the original approval notice to our office.

2 See the Appendices for a Sample Prima Facie Establishment of Case Notice.

3 See the Appendices for a Sample letter to CIS requesting extension.

4 See the Appendices for a Sample Request for Evidence and Response to a Request for Evidence.

5 See the Appendices for a Sample I-360 Approval Notice.

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Shortly after (or included with the approval notice) you will also receive a notice granting the client deferred action status6 for a period of fifteen months. Under this status the client is allowed to remain in the United States. This approval allows the client’s I-765 Application to be approved. The employment authorization is granted7 and mailed to the client shortly after. The client must apply for employment authorization annually 90 days before it’s expiration. In the extension she must include a request for an extension of the deferred action status. As a result, the CIS will renew the deferred action status when they adjudicate the employment authorization application. In order for her status to be renewed the client must properly file an extension with the appropriate immigration office, the Vermont Service Center. If the self-petitioner’s petition is denied the client should contact HRI to schedule an appointment to discuss her case. HRI will advise her on how to proceed.

19.5 Eligibility to apply for permanent residence (I-485 Application for Adjustment of Status).

An approved I-360 Self-Petition allows the client to become eligible to receive an immigrant visa. In other words, it allows her to apply for and receive lawful permanent resident status. In some instances, recipients of an approved petition are ineligible to apply. HRI will assess these factors and instruct the client how to proceed. If the client is immediately eligible to receive an immigrant visa, we will assist her in the processing.

If the client is married to a U.S. citizen (and eligible after all other factors are reviewed) she is an immediate relative and can apply for permanent residence immediately. However, if her spouse is an LPR, she is under the category of 2A family preference.

Under this category she will have to wait until her priority date becomes current to apply for permanent resident status. Her priority date is established by the date her petition was filed with the Citizenship and Immigration Services. If her husband filed an I-130 petition prior to the dissolution of the relationship, CIS will backdate the priority date back to the date the original petition was filed.

The client can monitor her priority date by visiting the U.S. Department of State website:

http://travel.state.gov/visa/frvi_bulletin.html

19.6 Authorization to travel. From the initiation of the process until the client is granted LPR

status, the client is ineligible to travel outside of the U.S. Once she applies for lawful permanent resident status HRI will reevaluate her eligibility upon request.

19.7 Attorney’s Responsibility to the client. Once the petition is adjudicated and you have

provided HRI and the client with the Service’s final determination, your responsibility/representation ends. HRI will notify the client in writing when the VAWA case is complete and your representation ends. Should the client have questions in the future, you should feel free to direct them to our office for assistance.

6 See the Appendices for a Sample Deferred Action Notice.

7 See the Appendices for a Sample I-765 approval notice.

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Chapter 19

What to Expect Once the VAWA Case is Filed

Index of Appendices

Appendix 19-A Sample I-360 Receipt Notice

Appendix 19-B Sample I-765 Receipt Notice Appendix 19-C Sample Prima Facie Establishment of Case Notice Appendix 19-D Sample letter to CIS requesting extension of Prima Facie

Establishment of Case Appendix 19-E Sample Request for Evidence Appendix 19-F Sample Response to Request for Evidence Appendix 19-G Sample I-360 Approval Notice Appendix 19-H Sample Deferred Action Notice Appendix 19-I Sample I-765 Approval Notice

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Appendix 19-A

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Appendix 19-B

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Appendix 19-C

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Appendix 19-D

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Appendix 19-E

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Appendix 19-F

Sample Request for Evidence Response

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Appendix 19-G

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Appendix 19-H

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Appendix 19-I