All posts by Cheng, Cho, & Yee, Immigration Lawyers

These Are the Four Types of Immigration Statuses in the US

Cubes with word IMMIGRATION, judge's gavel and American flag on table

When immigrating to the US, there are four different types of immigration status categories that individuals may fall into: citizens, residents, non-immigrants, and undocumented immigrants.

Cubes with word IMMIGRATION, judge's gavel and American flag on table

What Is an Immigration Status?

Everyone within the U.S. has an immigration status, which refers to the type of presence individuals have in the country. There are several non-immigrant and immigrant status types based on the level of residency in the country and whether a person has citizenship. 

Immigrants and non-immigrants can change their status by taking the proper steps and going through various government agencies. These agencies include the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Service (USCIS) under the DHS, the Department of State (DOS), the Department of Justice (DOJ), and the Department of Health and Human Services (HHS).

The American government gives non-immigrants and immigrants the ability to adjust their status under certain circumstances when they complete the necessary forms, including Form I-485, Application to Register Permanent Residence or Adjust Status. However, you must meet specific requirements to qualify for the different immigration statuses.

Types of Immigration Statuses

If you’re new to the immigration process, one of your first questions is likely to be, “What are the types of immigration status?” There are four main immigration status types that are important to know. 

Here, we’ll provide an overview of these immigrant status types to help you determine which steps to take. Based on your current immigration status, you can also learn more about your rights and how to proceed with an immigration case.

Citizens

A US citizen is either a person who was born in the US or became a naturalized citizen following a period of three or five years as a resident in the country. US citizens are unable to be deported with the exception of cases involving citizenship gained by fraudulent means.

Immigrants who gain citizenship will be able to work legally and receive public benefits for which they qualify. They can also help family members such as spouses, children, parents, or siblings become legal residents and citizens.

Conditional and Permanent Residents

Conditional residents are individuals who receive their green card prior to completing two years of marriage. The conditional residency also requires immigrants and their spouses to jointly file to remove the condition before two years pass after receiving the green card. Otherwise, the green card will expire and the resident could be deported.

Legal Permanent Residents (LPRs) are immigrants who have obtained a green card and are authorized to live and work in the US permanently. LPRs receive permanent resident cards, or green cards, that prove their status.

It’s possible to become a permanent resident by having an employer or family member sponsor the green card applicant, or if the immigrant becomes a permanent resident via refugee status. Immigrants can seek asylum in the U.S. by meeting some requirements. Some individuals may also be able to file for themselves under certain circumstances, such as when a spouse is unable or unwilling to file for them.

Non-Immigrant Status

Individuals who are considered non-immigrants are legally living and working in the country on a temporary basis. Some examples of people with non-immigrant status could include students on an F-1 visa, fiancées on K-1 visas, tourists or business visitors on B1 or B2 visas, and others who are given temporary protected status.

Typically, individuals with non-immigrant status don’t intend to become residents. However, overstaying a visa, violating its terms, or obtaining a visa through fraudulent means could result in a change to undocumented status.

Undocumented

Undocumented immigrants are individuals who are in the country illegally or otherwise without permission, in which case they would be unable to live in the US temporarily or permanently. They are also unable to legally work in the US and won’t have access to benefits accessible to residents, such as driver’s licenses and health insurance.

Undocumented individuals face deportation at any time. Individuals will be considered undocumented if they overstay a temporary legal visa or enter the US illegally and neglect to go through a port of entry.

Understanding these statuses can help determine which steps to take to become legal citizens and avoid becoming undocumented or otherwise facing deportation.

You should understand the different types of immigration status and what they entail if you want to adjust your status, whether you aim to become a lawful permanent resident or a U.S. citizen.

Immigration lawyer Bonita Cho

An experienced immigration attorney may be able to help you determine what options you have regarding immigration. You may then get a better idea of what steps to take to adjust your status and become a lawful resident or citizen.

Final Order of Removal? Here’s What Immigrants Should Do

Deportation and other documents on a desk.

After a final Order of Removal, immigrants and their families may be unsure about what to do. There are certain steps to take to avoid complications. The following steps are particularly important to know as aggressive enforcement continues to take place all over the U.S.

Deportation and other documents on a desk.

What Exactly Is a Final Order of Removal?

At the end of proceedings under section 240 of the Immigration & Nationality Act, an immigration judge’s Order of Removal will be finalized if:

  • The Board of Immigration Appeals dismisses an appeal;
  • The respondent waives an appeal;
  • The time allotted for an appeal expires before the respondent files an appeal;
  • The order is certified to the Attorney General or the Board on the date of the removal decision;
  • An immigration judge orders individuals removed in their absence;
  • An immigration judge decides to issue an alternate order of removal that also pertains to a grant of voluntary departure if the individual remains in the country beyond the voluntary departure period or fails to post a voluntary departure bond amount within five business days.

Unless the order is final based on these circumstances, ICE is not permitted to enforce an Order of Removal, with the exception of expedited removal orders that may occur in close proximity to or at U.S. borders. When faced with an Order of Removal, immigrants should contact a deportation defense lawyer right away.

How the Appeal Window Can Impact a Final Order of Removal

If an individual reserved his or her right to appeal at the conclusion of the removal hearing, a 30-day “stay” will automatically apply to the Order of Removal, which gives people some time to file their Notice of Appeal. With the Notice of Appeal in place, ICE won’t be allowed to remove the individual. If not detained, it’s important to notify the Immigration Court of any change of address, and if there’s any failure to file a Notice of Appeal within the 30-day window, the Order of Removal will be finalized.

If individuals fail to reserve their right to appeal their immigration cases, the Order of Removal will become final on the date of entry by the Immigration Judge. In these cases, ICE could put the person into custody immediately following the hearing. This potential outcome makes it crucial to reserve the right to appeal, even if the individual doesn’t intend to appeal, as it will give him or her some more time to prepare before deportation takes place.

Following the Finalization of an Order of Removal

If an Order of Removal for someone becomes final, ICE will be directed to deport the person within 90 days. However, because of other priorities in place and a limited number of resources available to the agency, the deportation process can take much longer. Unless an individual receives direct notification from ICE, he or she isn’t required to take any action until ICE initiates the removal process.

For individuals who aren’t detained and put in ICE custody, the agency will send a “Bag and Baggage” letter, also known as Form I-166, which demands recipients to report to their local ICE facility at a specified time and date. When visiting the facility, individuals will be required to bring travel documents such as passports and others, and they will be permitted to keep one small piece of luggage to be used to contain their belongings during deportation.

Reporting for Removal in Immigration Cases

When required, individuals will need to report as directed with all documentation and luggage. ICE will then take the individual into custody or detain them until deportation takes place. In many cases involving countries with a large number of deportees, the process will be quick as mass deportation occurs on a weekly basis. For other countries that haven’t established diplomatic relations with the U.S. government, the process could be delayed.

If there is a delay either because of a country’s lack of diplomacy with the U.S. or another issue preventing expedited deportation, it’s important to speak with an immigration attorney for removal defense to help prevent ICE from extending the detention period.

Self-deportation is another option to prevent ICE from detaining an individual if an Order of Removal is finalized. If an immigrant chooses to leave of their own volition, they will be considered “deported.”

To learn more about what to do in the event of the finalization of an Order of Removal, it’s best to seek professional legal advice on how to proceed. Taking the right steps will help avoid any potential issues and detention during the removal process. In some cases, an immigration attorney can help stop deportation entirely.

Reversing a Final Order of Removal

In some cases, if individuals have valid reasons to do so, it may be possible to reverse a final order of removal. There are three main ways you may be able to reverse your removal, including:

Motions to Reopen the Removal or Deportation Order

One potential option is to motion to reopen the removal order by filing with either the Board of Immigration Appeals or the Immigration Court, at which point you may present new supporting evidence that shows why your removal order is invalid. This evidence should include any documentation that wasn’t available to you when the court ordered your removal.

Motions to Reconsider the Order

You may also be able to file a Motion to Reconsider with the Board of Immigration Appeals or Immigration Court. This would entail proving that the officials involved in your case made an error pertaining to your case, which would render it invalid and allow you to either get relief from the removal or seek a new hearing.

The Appeal Process

Another option might be to appeal the removal order to the Board of Immigration Appeals. Filing an appeal could temporarily halt deportation and initiate a review under higher courts. 

Taking these steps may help you avoid removal or deportation in some cases.

How to Speed Up the Green Card Process

Close up view of Permanent resident card (Green) card of USA on blurred background.

If you want to speed up the green card process, you may be able to do so by submitting an expedite request to U.S. Citizenship and Immigration Services (USCIS) and taking other steps. Knowing the approach to take and how to speed up the green card process may help you accelerate your immigration petition, giving you permanent residency and the ability to put down roots.

Close up view of Permanent resident card (Green) card of USA on blurred background.

Can a Green Card Be Fast-Tracked?

In some cases, you may be able to speed up the green card process by taking certain steps, including submitting an expedite request to USCIS. USCIS will consider your case and whether it qualifies for faster processing. However, you will need to show why USCIS should fast-track your green card with a valid reason and sufficient supporting documentation. 

How to Speed Up the Green Card Process

When getting a green card, there are some specific ways to go about accelerating the process. These include the following steps:

Understand the Typical Process

Before submitting an expedite request in an attempt to speed up the green card process, you should know what the normal green card application timeline looks like. Keep in mind that you may need to wait for a certain period before you receive your green card, and you may not be able to get it any faster, depending on the circumstances.

As you learn more about how an immigrant becomes a U.S. citizen, you’ll likely find out about the various factors affecting processing times for green card applications.

For instance, common issues potentially affecting processing times may include:

Normal wait times for your category — Based on the nature of your immigration case and the type of green card you’re applying for, you should know what the average wait time is in your category. You can easily determine this online through the USCIS website. This will let you know what the wait time is for applications in your category.

Annual visa limits for specific categories — Depending on the type of green card or visa you want to obtain, annual limits may apply. For instance, you may be waiting for the approval of an employment-based green card application, in which case you may need to wait for one or more years. You may also not be in a top-priority category if you aren’t the immediate relative of an American citizen when applying for a family-based visa.

Submit an Expedite Request to USCIS

With a better understanding of the specifics of your case, you can determine if an expedite request is appropriate to submit to USCIS. If you decide to submit this request, you will need plenty of supporting documentation proving why you warrant an expedited green card process.

The various circumstances when you may succeed in speeding up your green card application through USCIS could include:

Error on the Part of USCIS

Sometimes, USCIS may be directly behind a delay because of an error during processing. If you submit an expedite request and believe an error was the reason for a delay, USCIS may discover this mistake, approve the expedite request, and correct the error. 

If USCIS committed an error, you must gather proof of this. For example, you might be able to show that USCIS entered incorrect data or validity dates that negatively affect your application.

If a Person or Company Experiences Severe Financial Loss

You may be able to submit an expedite request if you or your business sustain substantial financial loss. However, you will only qualify in this case if this financial loss isn’t because you failed to either respond to requests for more evidence or file benefit requests in a timely manner.

You may experience financial loss as a person as a result of losing your job in some cases. One reason for this might be the inability to emigrate or relocate for a new job that results in lost employment and subsequent loss. Meanwhile, your organization might suffer serious losses if your business is without the help of immigrant employees who need a green card.

Humanitarian Efforts and Emergencies

Another reason for submitting an expedite request could be either humanitarian efforts (i.e. human welfare) or emergencies.

Emergencies in these circumstances could include when individuals face a safety risk because of a breach of confidentiality, or national emergencies that warrant faster approval for employment-based green card applications. Conversely, vacations do not count as emergencies in these instances.

Meanwhile, a humanitarian effort may include:

  • Death in the family
  • Illness
  • Extreme living conditions
  • An urgent need for medical care
  • Disability

U.S. Government Interests

Certain U.S. government interests may also warrant expedited green card processing. 

For example, your case might involve national security or public safety interests that agencies like the Department of Defense or Department of Homeland identify. However, if your case involves U.S. government interests, they must be urgent enough to make expedited processing critical. 

In these cases, the U.S. government would be responsible for proving that the delay of your green card application would compromise the interests of the nation.

Nonprofit Organizations Benefitting the Country’s Interests

Nonprofit organizations could request expedition for beneficiaries if they can prove that these individuals’ actions would further the nation’s social or cultural interests. 

Some examples of these cases could include immigrant college professors needed for a beneficial cultural program to serve as key participants, medical experts who could contribute to the social progress of the nation through critical research or developments of medical treatments, or religious organizations that require a qualifying immigrant to devote time to charitable efforts that benefit the country on a social level. 

This is different from for-profit organizations that could simply show how a broad employee shortage might result in significant financial loss. Nonprofits must be able to show how the lack of specific experts and contributors could compromise the country’s social or cultural progress.

Go Through Premium Processing

You might qualify for premium processing in your case if you are entering the country on an employment-based visa. This type of processing applies to individuals filing Form I-140, Immigrant Petition for Alien Worker, or Form I-129, Petition for Non-immigrant Worker. The specific reasons for premium processing may include military deployment, necessary medical care, or family emergencies.

If you are able to go through premium processing, you will receive a response within 15 days of applying, and you must pay a fee of $1440 to $2500, depending on your case and the form you file.

Consider Consulting an Immigration Attorney

Another step you should consider taking in addition to submitting an expedite request is to reach out to a Chicago immigration lawyer. A qualified immigration lawyer can help you better determine what options are available to you and the nature of your specific immigration case. The factors of your case could help you decide whether to submit an expedite request, simply wait for the process to complete, or take another course of action.

When seeking the help of an immigration lawyer, you should try to find one with a focus in your specific type of case. For example, if you’re applying for a family-based green card, you would want to look for a family immigration lawyer who knows these cases well.

A lawyer may be able to help you determine what the average wait time is for green card processing in your category. Additionally, they can help identify potential reasons for submitting an expedite request that may successfully accelerate the green card process. If you are able to submit a request, your attorney may help you gather any necessary documentation to support your request. Even if you don’t qualify for an expedite request, an attorney could let you know what other choices you have.

Ultimately, an experienced lawyer will let you know how to speed up the green card process and indicate what options you have in this regard.

Why Would USCIS Deny an Expedite Request?

USCIS is solely responsible for approving or denying expedite requests. You must have enough documentation to support your argument when submitting a request, or you may face denial. 

There are several reasons why USCIS might deny your request, such as:

  • You failed to file your request or application within the standard processing window
  • You fail to submit sufficient supporting documentation and evidence that support your request
  • Your request indicates that you filed an Employee Authorization Document (EAD) and want to use it for benefits such as immigration status changes
  • You qualify for premium processing

Knowing how to speed up the green card process may help you receive a green card sooner as needed, or you may discover other options that can help you succeed with your immigration case. In any case, it’s important to know what processing times and categories specifically apply to you, the reasons that may warrant an expedite request, and when to speak to an attorney about your case. Taking the right steps may enable you to obtain your green card sooner.

What Happens if Asylum Is Denied in the U.S.?

Political asylum denied, seal stamped in passport, customs office, travelling

Knowing what happens if asylum is denied may be the key to you remaining in the U.S., and gaining legal immigration status. If the government denies your application for asylum, removal proceedings will likely start, but you may be able to appeal the decision and continue seeking asylum. Taking the right steps after a denial can help increase your chances of successfully applying for asylum.

Political asylum denied, seal stamped in passport, customs office, traveling

What Is an Asylum Request?

If you are worried about facing harm or persecution upon returning to your home country, you may be able to request asylum. If the government approves this request, you may be able to remain in the U.S. as an asylee. 

There are different types of persecution and harm that refugees may face if they return to their country of origin. For example, some may experience persecution because of their religion, race, political affiliation, membership in a particular group, or nationality. 

While many types of refugees can seek asylum if they have a valid reason to flee their country, the government may choose to deny a request for asylum under certain circumstances. 

What Happens If Your Asylum Request Is Denied?

When applying for asylum, the U.S. government will determine whether your fears of returning to your previous country are valid. However, it can be challenging to prove that your fears are truthful, and you may not qualify for asylum for other reasons.

Following an interview with a U.S. Citizenship and Immigration Services (USCIS) officer that results in a denial, you will need to present your case in front of a judge in immigration court. In immigration court, the judge assigned to your case will look into it and determine whether you qualify for asylum. If this results in another denial, you can begin the appeals process.

Knowing the specific requirements for seeking asylum in the U.S. will help guide you through the process. As a result, you may be able to avoid a denial from the USCIS officer or judge.

Appealing an Asylum Denial

After reviewing your case, the immigration judge may opt to deny your request for asylum, at which point you can appeal the decision by going through the administrative appeals process.

Appealing to the Board of Immigration Appeals

You will need to start by submitting an appeal to the Board of Immigration Appeals (BIA). This process will involve a review of the record along with the documentation you provided during that time. Based on this review, the BIA will confirm whether the judge made a sound or erroneous decision. 

Keep in mind that it is often difficult to prove that a judge’s decision was made in error, especially considering you are unable to submit new evidence during the BIA review of your case if it was already available to you earlier. Also, this process is lengthy and could take a year or longer before the BIA either approves or denies your appeal.

Taking Your Case to the Federal Court of Appeals

In some cases, you may be able to continue the appeals process if the BIA denies your request for asylum. This would entail going through the federal court of appeals. 

While some individuals may be able to successfully take their case to the Supreme Court if the court of appeals dismisses the case, this court is highly selective with these and other cases. 

How Many Times Can You Appeal an Asylum Denial?

Ultimately, you will be able to appeal your denial twice after seeing a judge in immigration court. You’ll be able to first go through the BIA and then take your case to the federal court of appeals if necessary.

If you want to increase your chances of successfully appealing an asylum denial, you may want to consider consulting with an immigration lawyer. An attorney may be able to help you early on in the appeals process when requesting asylum.

Ideally, you may want to work with an attorney before seeing an immigration judge. The lawyer may be able to help draft and prepare all documentation before presenting it in front of the judge. This will ensure you submit all available evidence to support your case before you’re no longer able to do so under BIA review.

Even if the immigration judge and BIA both deny your appeal, you may still have a chance to succeed with the federal court of appeals. Your attorney would indicate whether you have a case that the court of appeals should review and prepare accordingly.

Working with an attorney may also help make the process more efficient. You may need to wait for a year or longer before you successfully appeal a denial. 

What to Do When Considering an Appeal

If the government initially denies your appeal, and you must present your case before a judge, speak with a lawyer to discuss your options and determine if you qualify for asylum.

Knowing what to ask an immigration lawyer in a consultation can help you determine whether a lawyer is right for you, understand what happens if asylum is denied, and review your options to decide the best course of action. For instance, you might want to learn about how the attorney will approach your case and the specific tasks they’ll perform to help with appeals.

With sufficient preparation before beginning the appeals process, you may still be able to stay in the U.S. and avoid removal. 

How Long VAWA Takes to Be Approved for Immigrants in Danger

Beaten woman standing in front of a dark wall demonstrating violence on women.

If you are a victim of domestic violence and qualify for benefits under the Violence Against Women Act (VAWA), it can take around 16 to 21 months to process a self-petition and recover benefits. How long VAWA takes to be approved depends on factors, including U.S. Citizenship and Immigration Services processing times. VAWA offers unique protections for immigrants who suffer from domestic abuse and are in danger of future abuse.

Beaten woman standing in front of a dark wall demonstrating violence on women.

What Is VAWA?

VAWA, or the Violence Against Women Act, is an act that enables immigrants who are victims of domestic abuse to obtain lawful immigration status when they would otherwise need their abusers for a status change. Congress passed VAWA in 1994. 

Ordinarily, individuals need the help of a relative with lawful permanent resident (LPR) status or U.S. citizenship to petition for a change of status. However, with the help of a VAWA self-petition, victims of abuse can bypass this in an attempt to avoid abuse if the petitioner is also the abuser. VAWA can apply to a relative of an abusive petitioner, including the abuser’s spouse, children, or parents. 

The goal of VAWA is to give domestic abuse victims certain freedoms to ensure they aren’t dependent on their abusers.

What Is a VAWA Self Petition?

A VAWA self-petition involves applying for a green card through VAWA without the need to go through another petitioner. There are two main steps involved in VAWA self-petitioning: Filing a self-petition with evidence to support the petition and applying for adjustment of status.

When filing a self-petition, you will need to submit Form I-360, which is a Petition for Amerasian, Widow(er), or Special Immigrant. While this form ordinarily comes with a filing fee, you won’t need to pay this if you are an abuse victim.

Once you file your self-petition, you must wait for USCIS to process it. The VAWA visa processing time is typically around a year and a half. Once USCIS approves the self-petition, you can file for a change of status using Form I-485, which is the Application to Register Permanent Residence or Adjust Status.

Determining Eligibility for VAWA

Depending on who is petitioning for VAWA, there are different eligibility requirements. Specifically, the different requirements will depend on whether you are a spouse, child, or parent of an abusive LPR or U.S. citizen.

Requirements for Spouses

Spouses and former spouses of abusers will be able to self-petition for VAWA benefits. They can petition for themselves, along with any of their children who are under the age of 21 and unmarried. 

If you’re a spouse or former spouse of an abusive LPR or citizen and want to obtain LPR status or citizenship, you will need to meet the following criteria:

  • You are married to an LPR or citizen who is abusive and didn’t marry solely to gain LPR or citizenship status
  • Your marriage to the abuser ended due to divorce or death in the last two years
  • You have evidence that supports claims that the abuser harmed you or your children
  • You lived with your spouse
  • You have a clean criminal record that shows you have good moral character

Keep in mind that if your marriage ended in divorce, you will still need to prove the marriage was bona fide. Also, even if your spouse lost his or her green card or citizenship status because of criminal charges involving domestic abuse, you may still be able to self-petition under VAWA as long as you do so within two years of this status change.

Requirements for Children

Some children may need to file a self-petition for VAWA on their own under certain circumstances. Generally, some children have the same requirements as others applying for VAWA. For example, children must have good moral character, have lived with the abuser, and prove that they suffered from battery or extreme cruelty at the hands of the abuser.

Additionally, the child must be able to prove that the parent was a U.S. citizen, LPR, or repatriated immigrant as a result of a criminal charge, pending investigation, or conviction regarding domestic violence. Children also typically must be unmarried and under the age of 21, unless they can show that they were unable to petition for VAWA earlier by the age of 25. 

Some qualifications also depend on the child’s age. For instance, children 13 and younger don’t have to prove that they possess good moral character, although children 14 to 21 should be able to show they have a clean criminal record. 

Also, children of abusive parents who have children of their own may be able to apply for VAWA on their behalf.

Requirements for Parents

Parents of abusive citizens, LPRs, or repatriated immigrants will need to meet similar criteria to both spouses and children. 

Typically, parents of abusive children who wish to apply for VAWA must prove that they lived with the abusive child, experienced battery or extreme cruelty at the hands of the abuser, and prove through a clean criminal record that they possess good moral character. 

In addition, parents will need to show that the abusive child is over 21 at the time of application or at the time of the child’s death. If the child has died, the parent must be able to prove that the death occurred within two years of self-petitioning. 

Meeting all of these criteria will allow children, spouses, and parents of abusive individuals to gain a more efficient route to LPR or citizenship status without the need for the abusive party’s involvement. This gives individuals the chance to escape their abusers.

Applying for VAWA

If you plan on applying for VAWA, there are certain steps you will need to take.

Hiring an Attorney

One of the best ways to improve your chances of succeeding with a petition is to consult with a VAWA attorney. This attorney will have experience with immigration and be able to guide you through the process. An immigration attorney with experience handling VAWA cases can do much more than help with this process, too—an immigration attorney can help you avoid deportation, inform you of your rights, and prepare for a change of status and other processes.

The next big step will entail filing the aforementioned forms pertaining to VAWA self-petitioning. The first form to file will be Form I-360, which will take several months to process.

Supporting Form I-360 with Other Documentation

In addition to Form I-360, you’ll need to provide USCIS with a written personal statement. This statement allows you to explain your case in depth and clarify any details that might otherwise remain vague. When putting together the narrative in your statement, an attorney will be able to guide you through the process.

Another critical type of document that may help you succeed with your petition is a corroborating statement. This is an additional supporting statement from professionals that can supplement your personal statement and Form I-360. For example, a family therapist working with you or a domestic violence advocate may be able to put together a corroborating statement detailing the nature of your relationship to the abusive spouse, parent, or child. In the process, this statement could help validate the self-petition attempt by further proving the abuse.

While it may be difficult for many to provide significant details of abuse due to the trauma they experience, they can have a counselor, advocate, or another professional include them in the corroborating statement. 

Gathering Evidence

A corroborating statement could help support your petition, but you may also want to include additional evidence. This supporting evidence may include any information from social services, medical professionals, or legal professionals who have worked with you.

However, USCIS understands that some evidence from experts may not always be available to abuse victims. This is why USCIS may allow for other types of valid evidence that help support your case. Again, a VAWA lawyer may be able to help collect and organize this evidence and present it along with your self-petition.

How Long VAWA Takes to Be Approved

It’s not easy to determine how long it will take for USCIS to approve VAWA today, as the processing times have undergone multiple changes throughout the years. Generally, it can take anywhere between 16 and 21 months to process a self-petition. You can visit the USCIS website for more information about processing times and determine how long it will take to qualify for VAWA benefits.

After processing, USCIS will check to ensure that each petitioner meets VAWA filing criteria before issuing them a 150-day Prima Facie Determination Notice. While this notice is valid, you’ll be able to receive benefits via VAWA.

What Happens Once USCIS Approves a Self-Petition?

If USCIS chooses to approve your self-petition, there are a few key benefits that you can receive. These include:

Certain Public Benefits

You may qualify for various public benefits under VAWA, including a wide range of economic benefits. For instance, you may be able to enroll in certain benefits programs, federal programs, and health care programs. An attorney may be able to provide more details about the specific benefits you’re eligible to receive through self-petition.

Work Authorization

Another major advantage of self-petitioning is the ability to gain legal employment in the U.S. Specifically, you would be able to obtain an Employment Authorization Document (EAD) that functions as a work permit that enables you to seek and gain employment.

LPR Status

If USCIS chooses to approve your petition through Form I-360, you may be able to become a lawful permanent resident by applying with Form I-485. You would then be able to receive a green card as an LPR if USCIS approves your application. If you want to continue the path to citizenship, this is a critical step to take.

How Does VAWA Cancellation of Removal Work?

Some individuals may suffer abuse under a spouse or another relative while facing deportation. In these cases, you may still be able to apply for VAWA through a cancellation of removal. Taking this step may lead the government to cancel your removal and enable you to become an LPR. 

However, this process can be complex and challenging to navigate, which is why it’s often best to work with an attorney. A good immigration attorney can help stop deportation through a VAWA cancellation of removal or other possible means. A lawyer will also indicate whether this is a viable option for you, or if you’ll need to take other steps to avoid deportation.

To qualify for VAWA cancellation of removal, you will need to meet the same criteria as other VAWA self-petitioners. This would entail proving abuse at the hands of a spouse, parent, or child who is a citizen or LPR and showing that you possess good moral character. 

If USCIS approves your request for cancellation of removal, the removal process will end. You may then begin seeking LPR status.

Prepare for a Lengthy Approval Process and Increase Your Chances of Success with a VAWA Application

With the help of a VAWA lawyer, you may be able to successfully self-petition with VAWA and get the benefits you need without relying on your abuser. With sufficient preparation, you’ll be able to increase the likelihood of approval and, if USCIS approves your petition, you may be able to become an LPR. The key to succeeding with a VAWA petition is to practice diligence and patience during the petitioning process.