Approving the special immigrant status is an important first step for many migrants in sensitive situations. However, this is not the end of their immigration process. But, with an approved I-360, what’s next? Today we’ll look at everything you need to know about the process after you get the I-360 juvenile Visa.
Applying for special immigrant status is by no means easy. In addition to the system’s complexities, you must add the particularities and variations of each case. For this reason, it is best to have an immigration attorney to guide you. At Zava Immigration Law Group we can help you. Contact us and take the next step to the United States.
Table of Contents
What is Form I-360?
Also known as the Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360 is a document used by certain categories of immigrants to apply for special immigrant status in the United States. Eligible categories include:
- Amerasians (children of U.S. citizens born in certain Asian countries during and after the Vietnam War).
- Widow(er) of U.S. citizens.
- VAWA self-petitioners.
- Religious who will work in a religious occupation.
- Special Immigrant Juveniles (minors who have been abandoned, abused or neglected by one or both parents and have been placed in the custody of a U.S. juvenile court).
- Members of the U.S. Armed Forces.
- International workers of international organizations.
- Other special immigrants who qualify under certain specific categories.
This form is filed with USCIS and is an important step in the process of obtaining a Green Card. However, its approval does not automatically grant residency. Therefore, it is important to consult with an attorney about what to do after I-360 approval. Tell us about your case and take the next step in your immigration process.
I-360 approved, what’s next?
Once you have been approved for your I360 juvenile visa, the next step is to apply for the Green Card. However, you will not automatically become a resident. To continue with the process, USCIS will send you a Form I-797C (Notice of Action) with the information you need to know about notices of action:
- Receipt
- Rejection
- Transfer
- Reopening
- Appointments (fingerprinting, biometric data collection, interviews, rescheduling of appointments)
Please note that this form is for information purposes only. This means that it does not provide any type of benefit or status. Therefore, it is important that you consult with a professional to avoid mistakes and misunderstandings with USCIS. At Zava Immigration Law Group we can help you. Tell us about your case and let us clear your doubts.
Guidance after I-360 approved
Once you have received the I-797C notice with instructions upon approval of your I-360 juvenile visa, the next step is to apply for permanent residence. The process after I-360 approval can be summarized in the following steps:
1: Review Immigration Status and Work Authorization
Carefully review your immigration status and the Form I-797C instructions. Pay attention to any work or travel restrictions. This is important, as any failure to comply with the conditions of your immigration status can have serious consequences. This ranges from denial of your petition to deportation.
2: Making Copies of Documentation
Make additional copies of Form I-797C and all documentation related to your case. Please note that USCIS may request additional documentation to complete your application. This may include a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Therefore, having a personal record of the documentation submitted can help you submit any additional required documents as soon as possible. In this way, you can save time and money, in addition to securing your petition.
3: Follow-up Actions or Forms
If the notice specifies follow-up actions or forms, file them immediately with the appropriate authorities. This could include applying to change your immigration status or applying for a Green Card.
4: Choose between Adjustment of Status or Consular Processing
If you are in the U.S., you can file Form I-485 to apply for adjustment of status to lawful permanent resident. If you are outside the country, you must apply for an immigrant visa through the consular process. USCIS will forward your case to the appropriate consulate or embassy in your home country.
5: Interview and Award
It may be necessary to attend an interview with immigration officials. During the interview, the details of your application will be verified to ensure the accuracy and completeness of the information provided. In addition, this instance also serves to prevent fraud and misrepresentation. Discrepancies may be addressed and additional evidence may be presented to support your case. Therefore, it is important that you properly prepare for your interview with an attorney.
6: Background Check
Immigration officials will review your history, relationships and supporting documents to ensure compliance with immigration requirements. This will help determine your eligibility for the requested benefits.
7: Final Decision
After the interview and review of all documents, immigration officials will make a final decision on your application for lawful permanent resident status.
Please note that, depending on the particularities of your case, there may be extra instances. For example, you may need a waiver in case of a ground of inadmissibility. Therefore, it is best to consult with an immigration attorney. At Zava Immigration Law Group we can help you. Talk to a lawyer and take the first step towards your Green Card.
Who can apply for permanent residency with an I360 juvenile visa?
Once your I360 juvenile visa is approved, you may apply for permanent residency. However, you must meet certain requirements to obtain a green card through special immigrant status. Some of the main ones are:
- Specific Category Requirements:
- Amerasians: Proof of being a child of a U.S. citizen born in certain Asian countries during and after the Vietnam War.
- Widow(er): Proof of marriage to a deceased U.S. citizen and evidence that the marriage was bona fide.
- Religious: Proof of employment in a religious occupation in the U.S. and evidence of having worked in that occupation for at least two years prior to the application. and evidence of having worked in that occupation for at least two years prior to application.
- Special Immigrant Juvenile (SIJ): Order of the juvenile court stating that you have been abandoned, abused or neglected, and that it is in your best interest not to be returned to your home country.
- Other Special Immigrants: Compliance with the specific requirements of the category under which the petition was filed.
- Admissibility Test: Must be admissible to the US. This includes not having a serious criminal record, not being a threat to national security, and meeting other admissibility requirements established by U.S. immigration law.
- Supporting Documentation: You must submit all necessary documents that support your application. This includes:
- Birth certificates.
- Marriage certificates.
- Evidence of employment.
- Any other documentation demonstrating eligibility and eligibility.
- Medical Examinations: You must undergo a medical examination by a USCIS-licensed physician and submit the results with your adjustment of status application or during consular processing.
- Payment of Fees: You must pay the applicable fees for Form I-485 or consular processing, unless you qualify for a fee waiver.
Meeting these requirements is essential for your application to be approved. Therefore, it is best to consult with an immigration attorney. He or she can make sure you meet all the requirements and advise you on how to proceed according to your specific situation. Tell us about your case and let’s take the next step in your immigration process together.
Rights and Benefits of an I360 juvenile Visa
The benefits of an approved I360 juvenile visa include:
- Employment Authorization Document (EAD): Allows the beneficiary to work legally in the United States.
- Adjustment of Status (AOS): Ability to apply to become a lawful permanent resident (Green Card holder).
Travel Permit: Possibility to travel out of the country and return without jeopardizing your immigration status through a travel permit.
What is the processing time for adjustment of status through an approved I-360 petition?
The processing time for an application for adjustment of status or consular processing through an I-360 petition can take between 8 and 14 months. However, this varies depending on the category of the applicant, USCIS or consulate workload, and other case-specific factors. Consult with an attorney for more information.
What is the fee for filing Form I-360?
The filing fee for Form I-360 is $515. You may pay by money order, personal check, cashier’s check, or credit or debit card using Form G-1450. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Who is exempt from the Form I-360 filing fee?
You will be exempt from paying the filing fee if you file Form I-360 as:
– Amerasian Special Immigrant.
– Self-petitioner under the Violence Against Women Act (VAWA).
– Special Immigrant Juvenile.
– Afghan or Iraqi national who:
Worked with the U.S. military as a translator or interpreter, or surviving spouse and children of a deceased principal.
Iraqi national who worked for the U.S. government in Iraq, or surviving spouse and children of a deceased principal.
Afghan national who worked for the U.S. government or the International Security Force in Afghanistan (ISAF), or surviving spouse and children of a deceased principal.
What is the fee for filing Form I-485?
The filing fee for Form I-485 is $1,440. You can pay by money order, personal check, cashier’s check, or credit or debit card using Form G-1450. However, for children under 14 years of age who file their I-485 along with their parent’s I-485, the fee is $950. In addition, there are other exceptions. Therefore, it is best to consult with an immigration attorney to avoid paying unnecessary fees.
What happens if my I-360 petition is denied?
If an I-360 petition is denied, the applicant may appeal the decision or file a motion to reopen or reconsider the case. For this, it is crucial to hire an immigration attorney. He or she can evaluate the reasons for the denial and explore other immigration options, such as alternative visas or family-based petitions.
The denial of your I360 juvenile visa does not mean the end of your immigration process. With proper legal advice, it is still possible to continue to pursue opportunities to immigrate to the U.S. Don’t let an obstacle discourage you. At Zava Immigration Law Group we can help you. Tell us about your case and let’s take the next step together towards your new life in the United States.
Immigration Lawyers for I-360 after I-360 approved
As we have seen, after an approved I360, what follows is the process of adjustment of status to permanent resident. It is important to keep this in mind, as special immigrant status does not automatically grant a green card. This is why having an immigration attorney is crucial to take the next step in your immigration process.
A professional can guide you every step of the way, advising you and saving you time and money. Don’t risk your application by navigating the complex U.S. immigration system on your own. At Zava Immigration Law Group we can help you. Tell us about your case and let’s take the next step together towards your life in the United States.
Sources
USCIS – I-360, Petition for Amerasian, Widow(er), or Special Immigrant
USCIS – Form I-797C, Notice of Action
Other resources
Juvenile status for immigrants: What is it about?
SIJS: Complete Guide to Eligibility and Criteria
Approved Juvenile Status: How to Start on the Road to Permanent Residency
Consular Processing: A Step-by-Step Detailed Guide
How to Apply for Permanent Residency for a Family Member, Step by Step
Exploring the Different Categories of Family Residency in the U.S.
