Understanding VAWA Concurrent Filing with the Vermont Center

1. Concurrent filing in the context of the Violence Against Women Act (VAWA) refers to the ability of certain individuals filing Form I-360 (VAWA self-petition) to simultaneously file for adjustment of status (Form I-485) to obtain lawful permanent residency (green card) if eligible. This allows qualified applicants to apply for both the VAWA self-petition and adjustment of status at the same time.

2. Here are the key details regarding the VAWA concurrent filing process:

3. Eligibility for Concurrent Filing:

• Individuals eligible for concurrent filing are those who have an approved Form I-360 as a battered spouse or child of a U.S. citizen or lawful permanent resident.

1. Eligibility Criteria:

• The applicant must meet all the eligibility requirements for both the VAWA self-petition (Form I-360) and adjustment of status (Form I-485).

• This includes demonstrating the qualifying relationship with the abusive U.S. citizen or LPR, proving the abuse suffered, good moral character, and other necessary criteria.

1. Filing Form I-485 (Adjustment of Status):

• If eligible, the applicant can concurrently file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with the approved Form I-360 VAWA self-petition.

• Form I-485 is used to apply for lawful permanent residency (green card) while in the United States.

1. Submission of Supporting Documents:

• Along with Form I-485, applicants must submit the required supporting documents, including biographical information, medical examination report (Form I-693), photographs, and other necessary evidence.

1. Biometrics Appointment and Interview:

• After filing, USCIS will schedule a biometrics appointment for fingerprinting and photographing.

• USCIS may schedule an interview to further review the application, assess eligibility, and discuss the details of the case.

1. Decision on Adjustment of Status:

• USCIS will review the concurrently filed Form I-485 along with Form I-360 and supporting evidence.

• If approved, the applicant will receive lawful permanent residency (green card) and become a permanent resident of the United States.

1. Concurrent filing under VAWA allows eligible applicants to streamline the process of seeking both the VAWA self-petition approval and adjustment of status simultaneously. It's important to ensure that all forms are accurately completed, and supporting documents are provided as required to avoid delays or issues in the application process. Seeking guidance from an experienced immigration attorney or accredited representative can be valuable in navigating the VAWA concurrent filing process effectively.