I-360 Approved: What’s Next?
USCIS Case Status Approved Notice
If you want to petition for lawful permanent residence in the U.S., get a green card, and have your USCIS case status approved, it’s important to be aware of the process and steps you need to take to ensure you don’t make mistakes and cause delays. Read on to learn more about the process.
I-360 Approval Notice: What You Need to Know
The I-360 allows specific applicants to self-petition for lawful permanent resident status (a green card) without needing a family member or employer to sponsor them. The I-360 approval notice confirms your petition has been approved and allows you to take the next step in your immigration process. Review the I-360 instructions carefully.
What Does I-360 Approval Mean?
When you receive an I-360 approval notice, Petition for Amerasian, Widow, or Special Immigrant, it means USCIS has recognized your eligibility for a specific immigration benefit or status. It’s usually used for self-petitioners, immigrants who are juveniles, religious workers, and others. When your I-360 is approved, it doesn’t provide automatic approval for a green card or U.S. citizenship, but it allows you to move forward with the next steps in the process, and apply for adjustment of status, or consular processing.
What Is the Next Step After Receiving I-797C?
Receiving the informational Form I-797C, Notice of Action, from USCIS is confirmation they received your immigration application or petition. It may also notify you about scheduling an appointment or tell you about a case transfer. Review the details if it’s an interview notice If more evidence is requested, provide it by the specified deadline.
How Long Does It Take After I-360 Approval to Get a Green Card?
The time it takes to get a green card after I-360 approval depends on the category the I-360 was filed under and whether the applicant is inside or outside the United States. If you’re applying for adjustment of status within the U.S., the process takes several months, because it requires filing Form I-485 and USCIS has to process your application. If the applicant is outside the U.S., they must go through consular processing, which includes scheduling an interview at a U.S. embassy or consulate. Scheduling the interview can also take several months, depending on the workload of the consulate.
VAWA Processing Time: What to Expect
The VAWA petition process takes about 16 to 21 months for USCIS to approve Form I-360. Delays may happen if you submit incomplete or insufficient evidence. To avoid delays, provide all required documents.
Adjustment of Status After I-360 Approval
After I-360 approval, the adjustment of status process allows people who are eligible to apply for permanent residency status including a green card, without leaving the country. This process takes several months and includes filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents like proof of I-360 approval, evidence of good moral character, and any required medical examination results. Applicants should avoid leaving the U.S. during this time because it could result in the abandonment of the application. Applicants may add requests for employment authorization and advance parole, which allow them to work and travel while their green card application is pending. Consulting with an immigration attorney can help ensure all requirements are met and that the process proceeds smoothly.
Consular Processing for I-360 Beneficiaries
Consular processing is a way for I-360 beneficiaries who are outside the United States to apply for an immigrant visa and become lawful permanent residents. After the I-360 petition is approved, the case is forwarded to the National Visa Center which coordinates with the U.S. embassy or consulate in the beneficiary’s home country. Additional steps include submitting Form DS-260 form (Immigrant Visa Application), providing supporting documents, and attending a visa interview at the consulate. The consular officer reviews the case and determines eligibility for the visa. Once approved, the beneficiary can travel to the United States and be admitted as a lawful permanent resident.
Work Authorization After I-360 Approval
After an I-360 petition is approved, getting authorization to work requires filing Form I-765, Application for Employment Authorization. I-360 approval doesn’t automatically grant work authorization. When approved, the I-765 application provides an Employment Authorization Document, allowing you to legally work in the United States. The processing time for the I-765 can vary and should be filed promptly after I-360 approval to avoid any gaps in legal employment.
Travel Permission After I-360 Approval
After I-360 approval, if you plan to travel outside the country, you must apply for and receive advance parole by filing Form I-131. If you risk traveling without advance parole, it’s possible your application for adjustment of status or your application could be considered to be abandoned and you may be denied reentry into the U.S. or face removal.
What Happens If You Are in Removal Proceedings After I-360 Approval?
If you are in removal proceedings after I-360 approval, your approved I-360 petition can be included in your request for relief from removal. File Form I-485 with the immigration court, along with proof of I-360 approval and evidence of eligibility for adjustment of status. The immigration judge will review your case and determine if you qualify for relief.
How to Check USCIS Processing Times for I-360
Access the official USCIS website to check your USCIS case status and the up-to-date I-360 processing time. Specify the USCIS service location where you filed your petition and select form I-360. The estimated times are displayed with how long processing takes at each service center.
Preparing for the Green Card Interview After I-360 Approval
To prepare for your green card interview after I-360 approval, review your I-360 and I-485 applications, organize your documents, and practice answering potential questions to ensure consistency. Prepare for potential delays. Also, review your medical exam. Speaking with an experienced immigration attorney before your interview is recommended.
Finding an Immigration Attorney Near Me for I-360 Assistance
Ask friends or family who have been through the I-360 immigration process to provide you with reputable referrals. Verify the attorney’s credentials and experience in handling I-360 cases. Consult with potential immigration lawyers to determine who you’re comfortable with.
If you’re feeling overwhelmed by the immigration legal process, our attorneys at North County Immigration are experts in handling complex immigration law and can help guide you through the process that includes getting a green card, adjustment of status, consular processing, and managing the variety of forms that are required in the immigration process. We understand how stressful this process can be. Trust us to be your advocate and protect your rights. Reach out to us today to schedule a consultation.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.