If you apply for lawful permanent residence under the Violence Against Women Act (VAWA), you will have to follow slightly different procedures than others when preparing your application to adjust status.

If you married a U.S. citizen or LPR (lawful permanent resident) who was, later on, abusive to you, you could complete your application for a U.S. green card without relying on the abuser.

Firstly, you have to fill out Form I-360 with the U.S. Citizenship and Immigration Services (USCIS). After you receive USCIS approval, you can proceed to step two- applying for a green card or “adjusting your status.”

If your spouse is a U.S. citizen, you can file I-360 and your application for a green card at once to USCIS because you are deemed an “immediate relative.” However, USCIS will first review your I-360, and after that, your adjustment status.

If you decide to do those steps separately, you will ensure that USCIS approves your basic eligibility under VAWA first.

If your spouse is not a U.S. citizen, but a U.S. lawful permanent resident, you will have to submit Form I-360 and wait for its approval and until a visa becomes available to you (until your “priority date” becomes current). This can take more than two years before you can proceed with your green card (adjustment of status) application.

Although if USCIS approves your I-360, you still don’t have the legal right to remain in the United States. But there is a policy of granting “deferred action” status to VAWA applicants, so you will not be deported while you wait for your adjustment application.

What Documents Do I Need for VAWA-Based Adjustment of Status

There is paperwork that you need to deal with. This is a list of required documents for adjusting status:

• Copy of your I-360 approval notice (unless if you’re filing both application concurrently);
• Form I-485, Application for Adjustment of Status;
• Two photos, passport-style; Write your name and A number in pencil or felt pen on the backside.
• Marriage certificate copy, translated in English if it’s in another language.
• Copy of birth certificate, also translated in English if it’s in another language
• The passport copy and the page containing your nonimmigrant visa, if any.
• Proof of U.S. lawful entry, I-94 or any other
• Form I-864W – Waiver of Affidavit of Support;
• Form I-693- Report of Medical Examination and Vaccination Record;
• Form I-131 for Advance Parole
• Form I-765, Application for Employment Authorization (optional)
• Police records showing you do not have a criminal history;
• Fees to USCIS.

Submitting Your Adjustment of Status Documentation

Once your packet is ready, you will have to mail it to USCIS. You can check the appropriate address on the I-485 page of the USCIS official website. In order not to risk losing your packet, use certified mail, or another delivery service that provides tracking.

All EB1A, EB1B, and EB1C visa immigration applicants must file a Form I-485, Application to Register Permanent Residence or Adjust Status after their initial petition is approved. Some applicants may be able to file their I-140 applicantion currently with their Form I-485 petition.

Applicants generally can’t file the Form I-485 petition until a visa is available for their immigration category. Visa availability issues should be reviewed with an experienced immigrant lawyer. Form I-485 is used to change the status of someone already legally in the United States. There may be other requirements in addition to the filing of Form-I485 and the appropriate fees.

What happens after you file Form I-485

The applicant will be scheduled for a biometric services exam at a local Application Support Center. At the exam, you will need to provide your fingerprints, have a photograph taken, and provide your signature. The notice for the biometric exam will include the date, time, and location. The biometric exam is used to verify the applicant’s identity and to “conduct required background and security checks.“

The applicant may also be required to attend an interview. If an interview is requested, the applicant will need to “appear at a USCIS office to answer questions under oath or affirmation regarding Form I 485.” The USCIS will notify the applicant of the location, date and time of the interview. Experienced immigration attorneys can explain what questions are likely to be asked and how to conduct yourself at the interview.

If you are asked to come to the interview, your spouse and dependents (if they are seeking entry into the US) should also be prepared to attend the interview. Applicants will need to bring “originals of all documentation submitted with the Form I-485 application. This includes passports, official travel documents, and Form I-94, regardless if they are expired.”

Common interview questions require applicants to explain why they have extraordinary skills or other qualification criteria and their plans for obtaining work and living in the US if the application is approved.

Additional evidence requests

After Form I-485 is filed, the USCIS may ask for additional evidence if:

• You did not submit all the required evidence
• The evidence you submitted is no longer valid
• The officer needs more information to determine your eligibility.

The USCIS will advise you what evidence is needed, where to send the evidence and the due date for sending the evidence. Applicants who don’t submit the evidence in a timely manner may find that their Form I-485 request for adjustment of status is denied. Not every applicant is required to submit additional evidence. It helps to be thorough when submitting the initial form and document information.

The USCIS decision

Applicants can check their status online or by calling the USCIS Contact Center. The USCIC will make a decision on your application for an adjustment of your immigration status and advise you through a written notice. If the application is approved, “you generally will receive an approval notice first and then receive your actual Permanent Resident Card (Green Card) a little later.”

If the application is denied, the written decision notice will explain the reasons for the denial and whether you can appeal the decision. In most cases, applicants cannot appeal a denial of an adjustment of status application – which is why applicants should work with experienced immigration lawyers to present a strong initial case.

While denials may not be allowed, applicants “may still be eligible to file a motion to reopen or reconsider.”

Client: Adult Male U.S Citizen, Married to Non-U.S Citizen Wife
Wife’s Country of Origin: Somalia
Case Type: I-485 Adjustment of Status (Based On Marriage to U.S Citizen)
Date of Application: May 21, 2014
Date of Interview: September 23, 2014
Date of I-485 Approval: September 24, 2014

Background:
Our client, a U.S. citizen, retained Herman Legal Group’s family immigration lawyers in Columbus, Ohio to secure immigration status for his Somalian wife.

Challenge:
Permanent resident status based on marriage to a U.S. citizen is a contingent result that requires proving a genuine marriage. Careful documentation and expert legal assistance are important to achieve a successful outcome. In addition, it is uncommon to see approval of both I-130 immigration petition for alien relative and I-485 application of adjustment of status (green card application) granted on the same day.

Action
Herman Legal Group helped prepare the couple for their interview by clearing misunderstandings and clarifying expectations with immigration officials. We helped our client prove the marriage was bona fide and the result of love and trust.

Result:
One day after a successful interview with immigration officials, our client’s wife was granted permanent residence status (green card).