VAWA · Timeline

After you file Form I-360

1. 1

   File

   You file Form I-360 with your evidence. If you are in the United States and an immigrant visa is immediately available to you, you may file Form I-485 together with Form I-360, while it is pending, or after it is approved (as long as the approval remains valid).^[1]

2. 2

   Prima facie review

   ◈High confidence USCIS checks whether the I-360 and evidence support every requirement on their face. If they do, it issues a Notice of Prima Facie Case (NPFC), which a spouse or child self-petitioner can use to apply for certain public benefits. The notice does not decide the petition, and a parent who self-petitions is not a "qualified alien" for public benefits.^[1,2]

3. 3

   Possible interview

   USCIS may ask you to attend an interview at the field office that covers where you live; the notice is mailed to your safe address and to your legal representative, if you have one. Officers with specialized training, including in trauma-informed interview techniques, conduct these interviews. Being selected does not necessarily mean a problem was found, but missing the interview after receiving a notice may lead to denial of the self-petition and the I-485.^[1]

4. 4

   Decision

   ◈High confidence If the I-360 is approved and you are in the United States, USCIS may consider you for deferred action case by case, and you can apply for a work permit. If it is denied, USCIS tells you the reasons in writing and of your right to appeal.^[1,2]

5. 5

   Green card

   In the United States, you may file Form I-485 when a visa is immediately available. If you are abroad, USCIS sends the approved self-petition to the National Visa Center (NVC), which forwards it to the U.S. consulate when a visa becomes available (consular processing).^[1]