VAWA AOS and Widow AOS
What Is VAWA Adjustment of Status?
VAWA Adjustment of Status is a process that allows certain survivors of domestic violence, abuse, or battery to apply for lawful permanent resident status (green card) in the US without the cooperation or sponsorship of the abuser. VAWA provides protection and immigration benefits to victims of domestic violence, regardless of gender, who are spouses, children, or parents of U.S. citizens or lawful permanent residents.
Key points regarding VAWA Adjustment of Status:
- Self-Petitioning:
- VAWA allows eligible individuals to self-petition by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is used to establish eligibility as a victim of abuse.
- Form I-485, Adjustment of Status Application:
- Once the Form I-360 petition is approved, and an immigrant visa number is available, the individual can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card.
When Can I File the VAWA Adjustment of Status?
If you are eligible for relief under VAWA and wish to file for adjustment of status, you can generally submit your VAWA-based adjustment of status application once the following key conditions are met:
- Approval of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant:
- Before filing for adjustment of status, you need to have the Form I-360 petition, which is the self-petition under VAWA, approved by USCIS.
- Availability of an Immigrant Visa Number:
- Adjustment of status is dependent on the availability of an immigrant visa number in your category. If you are in a preference category that is subject to numerical limitations, you can only file for adjustment when a visa number becomes available.
- If you were an immediate Relative (IR) of the abusing US citizen spouse, you can file I-360 and I-485 concurrently.
- Eligibility Criteria Met:
- Ensure that you meet all the eligibility criteria for adjustment of status under VAWA, including the relationship to the abuser, evidence of abuse, good moral character, and other relevant requirements.
- Maintenance of Legal Status or Waiver Eligibility:
- If you are in the U.S., you must have maintained legal status or be eligible for a waiver of any status violations.
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- Submit the Form I-485 to apply for adjustment of status once the Form I-360 petition is approved, and a visa number is available.
It’s crucial to be aware of the current processing times and visa availability in your category.
Additionally, if you are in removal (deportation) proceedings, you may be eligible to file for adjustment of status with the immigration court.
As immigration policies and procedures can change, it is strongly recommended to consult with an immigration attorney or a qualified legal professional to ensure that you understand the current requirements and to receive guidance tailored to your specific circumstances.
What is widow AOS self-petition?
Widow Adjustment of Status (AOS) Self-Petition refers to the process where a surviving spouse independently applies for adjustment of status to obtain lawful permanent resident status (green card) in the US. Here are the key points about the Widow AOS Self-Petition (Form I-360 and I-485):
- Eligibility Criteria:
- The widow or widower must meet certain eligibility criteria to file a Widow AOS Self-Petition. Generally, the individual must have been married to a U.S. citizen at the time of the U.S. citizen spouse’s death, and the marriage must have been in good faith (bona fide). Additionally, the widow or widower must not have remarried before filing the petition.
- Filing Form I-360:
- The Widow AOS Self-Petition is initiated by filing Form I-360 with USCIS. This form is used to establish eligibility and request immigrant benefits as a widow or widower.
- Demonstrating the Qualifying Relationship:
- The widow or widower must provide evidence of the qualifying relationship with the deceased U.S. citizen spouse. This may include the marriage certificate, evidence of the spouse’s U.S. citizenship, and proof of the spouse’s death.
- Good Faith Marriage Requirement:
- It’s essential to demonstrate that the marriage to the U.S. citizen was entered into in good faith and not solely for immigration purposes. This is a standard requirement to establish the legitimacy of the marital relationship.
- Adjustment of Status (AOS) Application:
- If Form I-360 is approved by USCIS, the next step is to file an application for adjustment of status (Form I-485). This application is the formal request to become a lawful permanent resident and receive a green card. However, you can file Form I-360 and I-485 together as a self-petitioner widow or widower.
- Travel Authorization (Optional):
- Along with the AOS application, the widow or widower may choose to apply for a travel document (Form I-131) if they need to travel outside the U.S. while their AOS application is pending.
It’s important for the widow or widower to meet all the eligibility requirements, provide accurate documentation, and adhere to filing deadlines. Consulting with an immigration attorney or a qualified legal professional is recommended to ensure a thorough understanding of the process and to navigate the Widow AOS Self-Petition successfully.
Death of US Citizen Spouse while AOS is pending
Question: I concurrently filed I-130 and I-485. While my AOS is pending, my US citizen spouse passed away. What can I do now?
Answer: If your US citizen spouse died while the I-130 was pending, you do not need to file an I360. The USCIS will automatically convert the I-130 into an I-360 once they receive a copy of your spouse’s death certificate.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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