III. Sr Para / New Atty: VAWA

Question 1

What are the elements of VAWA I-360?

Answer 1

Marriage and
Joint residence with

USC or LPR
Who subjected FN to extreme cruelty or battery

Question 2

What is the filing deadline for an I-360?

Answer 2

2 years of end of marriage

Question 3

When can you file an I-485 for a VAWA self-petitioner?

Answer 3

When a visa is available (IR and usually F2As)

Question 4

What is a prima facie determination / PFD?

Answer 4

• -I-360
• -Confirmation that evidence for all required elements is in file
• -Allows FN to be a “qualified alien” for public benefits, including school financial aid
• -Allows FN to obtain SSN if required for public benefit application

Question 5

Why does the PFD exist?

Answer 5

Legislative compromise between those who wanted VAWA applicants to get an EAD and those who wanted the self-petition approved first

Question 6

When are stand-alone self-petitioners eligible for an EAD?

Answer 6

Upon approval of I-360

Question 7

What is a good faith marriage?

Answer 7

The couple intended to create a life together at the time of marriage

Question 8

What are some types of evidence that show a good faith marriage?

Answer 8

• Shared insurance, mortgages, leases
• Jointly filed tax forms
• Joint bank statements
• Evidence of engagement, wedding ceremony
• Shared residence
• Children born during marriage
• Affidavits from friends
• Photos

Question 9

Does the I-360 require a fee waiver?

Answer 9

• No, the I-360 has no fee

Note- the I-485 and I-765 have fees if doing a one-step and you can request a fee waiver for them

Question 10

What are the elements of the bigamy exception?

Answer 10

Must show:

1. Believe the partner was free to enter into the marriage;
2. The marriage was otherwise bona fide;
3. Marriage ceremony was actually performed