What Happens After My VAWA Interview? | Immigration Law Advice 2021
How long does it take USCIS to reschedule an interview 2020?
approximately 4-8 weeks The new appointment can take approximately 4-8 weeks, or sometimes longer, to be scheduled.
Can VAWA interview be waived?
The new rule aims to ease Covid-19 travel burdens The U.S. Department of State will temporarily waive the interview requirement for roughly 49,000 immigrant visa applicants, according to a temporary final rule published Friday.
Can I get green card without interview?
It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen. To properly explain this, we must first clear up a common misconception.
Can a Man File a VAWA Petition?
Yes, VAWA petitions are available for any spouse, child, or parent victim. Although the Violence Against Women Act provides the funds, the United States government recognizes that men and women may be victims of domestic violence or sexual assault.
What is a VAWA (I-360) Case?
There are different types of green cards available to immigrants. Still, one of the most common green cards relies on using a qualified family relationship (spouse, child, or parent) of an existing citizen or lawful permanent resident (LPR). If this relationship becomes abusive, there may be a possibility for a VAWA case.
A VAWA case involves a Form I-360 referred to as a Self-Petition. A VAWA petition allows an immigrant, who was or did have a qualifying relationship with a USC or LPR, to apply for legal status for his or her own self, without requiring the help of the USC or LPR. In other words, the self-petitioner who has been abused will not need the abusive USC or LPR to sign any forms or file for them.
Related Link: Types of Abuses that Qualify for VAWA
A self-petition is the process of legally obtaining a green card without the sponsorship of an abusive citizen or LPR family member.
Tips for Your Immigration Interview
(Be on time, wear nice clothing, act normal — not overly nice or uncomfortable –, be organized with your paperwork, talk to your attorney, etc.)
Can a Divorced Spouse Seek Relief By Filing a Form I-360?
You can file Form I-360 for up to two years from the date of termination of your marriage (in other words, from the date your divorce judgment was entered) as long as your separation resulted from abuse or battery. The cause of separation must be documented, and filing individuals must not remarry before their I-360 is approved.
Do I Have to Remain Married to an Abusive Partner Until My Form I-360 is Approved?
You are in no way required to remain married to an abusive partner for the sake of Form I-360 approval. If you or your spouse has already filed for, or are considering filing for divorce, it is recommended that you contact your immigration lawyer right away to discuss the matter.
Please note that any legal change always has the risk of making an impact on your case, but absent unusual circumstances, you have up to 2 years from the date of divorce to file for a VAWA Self-Petition if you were subjected to abuse or extreme cruelty by your USC or LPR spouse.
In other words, you may file a VAWA Self-Petition, assuming you qualify at any of the following points in time:
If you wait more than 2 years after the date your divorce judgment is entered, then you will forfeit the right to be able to seek a green card through the VAWA process.
Please also note that the National Domestic Violence Hotline also provides resources to help battered and abused victims, including self-petitioning information. Please feel free to call the hotline at 1-800-799-7233 or 1-800-78703224 [TDD] for further information.
