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Once Form I-360 is approved, applicants receive Form I-797C, Notice of Action. The I-360 approval notice signals a key step, not automatic residency or citizenship. The i-360 approval notice will contain instructions on the next steps, which vary based on the applicant’s specific category.
If the petitioner is in the U.S., they may file Form I-485 to adjust their status to lawful permanent resident. Those outside the U.S. will need to go through consular processing. Regardless of the next step, Keep copies of all documents and track progress. Seeking legal advice? Serving Immigrants offers expert assistance.
If the primary I-360 petitioner has included family members as derivative beneficiaries, the i-360 approval notice also affects their immigration status.
For instance, a VAWA petitioner who has listed their children as derivatives may now proceed with applying for adjustment of status or consular processing.
Family eligibility depends on age and relationship. Children under 21 can apply for benefits, but those turning 21 may need to file separately. Derivatives abroad must wait for the primary petitioner’s residency for consular processing.
For individuals residing in the U.S. with an approved I-360, the I-360 approval notice is a key step, and adjustment of status (AOS) is the main method to obtain lawful permanent residency. AOS allows the petitioner to apply for a Green Card without having to leave the U.S.
To adjust status, applicants file Form I-485 with required documents, including those in the I-360 approval notice. This process may take months. Applicants can also request an Employment Authorization Document and Advance Parole to work and travel without risking application abandonment. Leaving the U.S. without Advance Parole may lead USCIS to consider the application abandoned. Find out more about Adjustment of status, click here.
For applicants outside the U.S., consular processing is the alternative path to residency after receiving the I-360 approval notice. Once approved, the case is sent to the National Visa Center (NVC), which contacts the applicant to begin the visa process, including an interview at a U.S. consulate or embassy in their home country.
In the interview, the consular officer reviews eligibility and documents. If approved, the applicant receives an immigrant visa to enter the U.S. as a permanent resident. Consular processing may face delays due to embassy backlogs or extra documentation requests.
An approved I-360 allows petitioners to apply for an Employment Authorization Document (EAD) to work legally in the U.S. while their immigration process continues. To apply, they must file Form I-765 with supporting documents.
The EAD is valid for one year and must be renewed annually. For VAWA self-petitioners, work authorization offers stability and independence, helping them integrate and gain work experience while awaiting status adjustment or consular processing. Need legal advice? Contact Serving Immigrants today for expert assistance.
Employment authorization is not permanent and must be renewed as long as the applicant remains in the U.S. and continues to wait for a final decision on their immigration status.
To renew their EAD, petitioners must file another Form I-765 before their current work permit expires. It is important to apply for renewal several months in advance to avoid gaps. See how form i-765 looks
Additionally, VAWA petitioners with deferred action status may need to request an extension of their deferred action along with their EAD renewal. While work authorization does not guarantee permanent residency, it allows petitioners to remain employed and maintain their financial stability during the often lengthy immigration process after receiving the i-360 approval notice.
Even after receiving the I-360 approval notice, you may face travel restrictions that could prevent reentry to the U.S. Read more below.
After receiving the I-360 approval notice, petitioners should be aware of travel restrictions. Leaving the U.S. without Advance Parole can be seen as abandoning the petition, risking delays or denial of their status adjustment.
Advance Parole is a travel document that allows petitioners to re-enter the U.S. after temporary travel abroad without jeopardizing their immigration status. Without this document, petitioners face the risk of being barred from re-entering the country.
Leaving the U.S. without Advance Parole, can have serious consequences. Petitioners may be denied re-entry, and their immigration application could be considered abandoned, leading to delays of months or even years.
In some cases, unauthorized travel may trigger additional penalties, such as a three- or ten-year bar from re-entry, depending on how long the individual was unlawfully present in the U.S. before traveling. These bars can severely affect the petitioner’s ability to continue their immigration process. For this and other reasons, it is important to have an experienced attorney.
When Form I-360 is approved, derivative family members, such as spouses and unmarried children under 21, may also qualify for immigration benefits. These individuals are considered derivatives of the primary petitioner, meaning their immigration status is linked to the primary applicant’s approved petition. For example, in cases where a VAWA self-petitioner is approved, their children may also benefit from the approval, allowing them to apply for an adjustment of status or consular processing.
It's important that these family members were listed on the original I-360 petition. Eligibility for derivative status can change if the child turns 21 during the process, potentially requiring them to file independently. Keeping track of the ages and immigration status of these derivatives is crucial to avoid complications, especially in families where children are aging out of eligibility while the case is pending. For personalized legal advice, reach out to Serving Immigrants.
After the I-360 approval, derivative family members need to apply for their immigration benefits either through adjustment of status or consular processing. Each derivative must file their own application, typically Form I-485 for adjustment of status or an immigrant visa application through the consular process.
Family members must submit documents like proof of relationship, birth certificates, and passport copies. Those outside the U.S. must wait for the primary applicant to gain residency before consular processing. Derivatives follow the same interview and documentation requirements, making accurate records and timely filing essential for success. Consider consulting with a trusted immigration attorney.
Deferred action is prosecutorial discretion allowing VAWA petitioners to stay in the U.S. after I-360 approval, without granting residency or citizenship. It offers temporary protection from deportation and lets petitioners apply for work authorization. While providing security, deferred action requires periodic renewal and strict compliance with immigration regulations.
VAWA petitioners granted deferred action must maintain their status by renewing it annually. This includes filing necessary forms, such as Form I-765 for employment authorization. See how Form I-765 looks
If deferred action is not renewed, the petitioner could lose their legal standing in the U.S. and may become vulnerable to deportation.
After the I-360 approval notice, the next major step is applying for a green card. In this section, we will explain the steps to apply.
After USCIS approves your Form I-360 under VAWA, they will send you Form I-797. It is important to understand that this approval does not automatically grant you a Green Card or lawful permanent residency, but it does allow you to move forward with the process.
If you’re in the U.S., you may qualify for adjustment of status to obtain a Green Card without leaving. Requirements include physical presence in the U.S. and an available visa number (typically available for VAWA petitioners).
You can file Form I-485 to apply for a Green Card. Along with Form I-485, you must submit supporting documents, including:
Ensure that all required documentation is accurate and complete to avoid delays.
When filing Form I-485, you must pay the filing fee unless eligible for a fee waiver. VAWA self-petitioners can often request a waiver due to financial hardship by submitting Form I-912 with proof of income or financial need. To explore further Form I-912, click here.
After filing Form I-485, USCIS will schedule a biometrics appointment to collect your fingerprints, photo, and signature for background checks. You’ll receive a notification with the location, date, and time.
While your Green Card application is pending, you can apply for an Employment Authorization Document (EAD) using Form I-765 and Advance Parole for travel outside the U.S. using Form I-131. Both forms can be filed together with your I-485 application or separately.
USCIS may schedule an interview to confirm your Green Card eligibility, where you’ll be asked about personal details, your relationship with your abuser, and your VAWA petition. Bring your I-360 approval notice, original documents, and any supporting evidence.
After the interview, USCIS will review your case. If approved, you’ll receive your Green Card by mail. If more information is needed, USCIS may issue a Request for Evidence (RFE) that you must respond to within the specified time.
With your Green Card, you become a lawful permanent resident, allowing you to live and work in the U.S. indefinitely. After three years (if married to a U.S. citizen) or five years, you may be eligible to apply for U.S. citizenship.
This FAQ section addresses common questions about the I-360 approval notice and related topics below:
The processing time for Form I-360 varies depending on the category of the petition and the workload at USCIS. On average, it can take between 12 and 18 months. However, delays are common, and processing times may be longer if USCIS requires additional evidence. You can check the current processing times by clicking here.
No, the I-360 approval notice doesn’t automatically grant a Green Card or citizenship. It approves your special immigrant category, but you still need to apply for adjustment of status (Form I-485) or consular processing for residency.
Receiving the I-360 approval notice does not automatically grant you work authorization. However, you may apply for an Employment Authorization Document (EAD) by filing Form I-765.
Yes, you can renew your Employment Authorization Document (EAD) by filing Form I-765 before it expires. Apply several months in advance to avoid gaps.
Once you receive your I-360 approval notice, you can legally remain in the U.S. while you wait for your adjustment of status application to be processed. You must maintain valid immigration status.
Keep a copy of your I-360 approval notice, along with all USCIS notices, approval letters, and supporting documents. These are crucial for tracking your case and applying for status adjustment.
