I-360 Petition for Amerasian, Widow(er), or Special Immigrant

How Do I Apply for Immigration Benefits as a Battered Spouse or Child?

Who is Eligible?

To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:

• Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
• Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.
• Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent. For more information, please see How Do I Bring My Child to Live in the United States?. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries.

What are the Basic Requirements?

The self-petitioning spouse,

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
• Is required to be a person of good moral character.
• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

The self-petitioning child:

• Must qualify as the child of the abuser as "child" is defined in the INA for immigration purposes.
• Any relevant credible evidence that can prove the relationship with the parent will be considered.

How Do I Apply for Benefits?
To self-petition, you must complete and file USCIS Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and include all supporting documentation. Self-petitions are filed with the Vermont Service Center and should be sent by certified return receipt mail (or any other method providing assurance of receipt). Sending the Form I-360 to any other USCIS office will delay your application. You should keep a copy of everything you submit, including the application and all accompanying documents, in addition to the proof of mailing

Adjustment of Status

Adjustment of Status application (I-485 application) is, normally, a final step for an alien who is physically in the United States to obtain the Green Card. Superficially, it seems an easy procedure to go through, while, in reality, it may involve some tricky issues in the case such as age out problem, financial support requirement and the relationship between the applicant's non-immigrant's status and pending I-485 status. Therefore, we recommend you apply to adjust your status with the help of an experienced attorney.

Zhang & Associates offers the following professional services related to Adjustment of Status applications to help you obtain the Green Card as soon as possible. We will

1. review your situation and identify any legal issues that may be important in your case;
2. work with you in discussion of the issues and provide the proper solution or legal opinion;
3. collect all the information and documents required for your application;
4. fill out all the forms and prepare the supporting documentation for you;
5. provide our quality service in applying for Work Permit and Advance Parole for you at the same time to enable you enjoy those two major benefits, while your adjustment of status case is pending;
6. submit your application to the USCIS and make status inquiry on your pending case when necessary;
7. timely respond to any USCIS requests for additional questions on your case and inform you of the status of your pending case at each stage, such as the fingerprint notification and the interview notice.

Concurrent Filing of I-140 & I-485

Although concurrent filing of the I-140 and the adjustment of status is very beneficial to most of our clients, there are numerous issues and complexities that remain unresolved. Moreover, this new rule combines different applications and immigration laws that further complicate matters. Such unresolved issues include whether the INS will adjudicate the I-140 first or both together and whether or not the annual immigrant visa quota will be filled. There are also questions of how the INS will apply the 180-day rule for I-485 applications based on labor certification or the outstanding researcher petition. These are just some of the possible problems and questions that could arise with this ever-changing rule. As a result, we keep abreast of new developments and changes in immigration law and policy so that we can guide our clients through any future policy changes and inform our clients of how to best use this policy for their benefit and to avoid future problems.

Concurrent Filing

For applicants who would like to file both their I-140 and I-485 at the same time, we offer the following services:

1. review your situation and identify any legal issues that may be important in your case;
2. work with you in discussion of the issues and provide the proper solution or legal opinion;
3. collect all the information and documents required for your I-140 and I-1485 applications;
4. fill out all the forms and prepares the supporting documentation for you;
5. submit your application to the INS and make status inquiries on your pending case when necessary;
6. timely respond to the INS request for additional evidence in your case and inform you of the status of your pending case at each stage, such as the fingerprint notification and the interview notice; and
7. keep you updated on new developments and changes to the immigration laws and provide advice on how to best handle these changes.

We advise most of our clients to take advantage of this new INS rule. However, there are inherent legal issues that you must be aware of. For example, some of our clients may become out of status if their I-140 application is subsequently denied. You can alleviate this risk by choosing a reputable law firm experienced in filing I-140 petitions. Our firm has filed well over eight hundred I-140 petitions in EB-1 and EB-2 NIW, with an approval rate for NIW petitions at 93%+ and for EB-1A&B petitions at 98%+.

Filing I-485 only
For clients with an I-140 application already pending with the INS and would like file their adjustment of status at this time, Zhang & Associates offers the following professional services to help you obtain the Green Card as quickly as possible:

1. review your situation and identify any legal issues that may be important in your case;
2. work with you in discussion of the issues and provide the proper solution or legal opinion;
3. collect all the information and documents required for your application;
4. fill out all the forms and prepares the supporting documentation for you;
5. apply for Work Permit and Advance Parole and advise of the potential benefits and consequences of their use;
6. submit your application to the INS and make status inquiry on your pending case when necessary;
7. timely respond to the INS request for additional evidence in your case and inform you of the status of your pending case at each stage, such as the fingerprint notification and the interview notice.
8. keep you updated on new developments and changes to the immigration laws and provide advice on how to best handle these changes

Consular Processing

Immigration visa application through the Consular Processing is an option for aliens, who are outside the U.S. or in the U.S. but preferring processing at a U.S. consulate for strategic or convenience reasons, to finally obtain the Green Card. It may involve some tricky issues such as the age out problem, financial support requirements, etc. Therefore, we recommend you go through the Consular Processing with the help of an experienced attorney.

Zhang & Associates offers the following professional services related to Consular Processing to help you obtain the Green Card as soon as possible. We will

1. review your situation and identify any legal issues that may be important in your case;
2. work with you in discussion of the issues and provide the proper solution or legal opinion;
3. file the Form I-824 to request consular processing if applicable;
4. collect all the information and documents required for your application;
5. help you complete the Packet 3 and submit it to the NVC;
6. make status inquiries on your pending case when necessary;
7. timely respond to any government requests for additional information, documentation or evidence on your case; and
8. inform you of the status of your pending case at each stage, such as the an immigrant visa processing appointment.

Asylum

Our law firm is able to file an Asylum Application on behalf of the qualified applicant whose application would be heard by 50 States in USA.

It is very important to understand that the person making a decision on your asylum claim may not be familiar with your country's political and social circumstances. As a result, asylum claims are decided based primarily on the evidence submitted as well as on the credibility of your written and oral statements. Therefore, your success chance is greater when you obtain the professional assistance from an experienced attorney.

Our law firm proudly offers the following quality services related to the asylum application:
Our experienced attorney(s) will first evaluate your situation and assist you in determining whether you might qualify for Asylum. If the case is doable, we will be glad to represent you.

After you retain us, our experienced attorney(s) will closely work with you to identify and solve the legal issue(s) in preparing your application. Moreover we will review, translate and organize all the necessary application materials to provide them in a well-organized manner. Our experienced attorney(s) will complete all the application form(s) required; draft the petition letter for you; submit a complete set of application materials to the Asylum Office or the Immigration Court; and represent you for the hearings when necessary. As soon as the INS or Immigration Judge makes a final decision on your case, we will inform you of the result accordingly.

Travel Documents

For certain aliens who wish to re-enter the United States after they travel abroad, they may apply for travel documents with the INS. There are two kinds of travel documents available for the eligible aliens:

• Advance Parole
Advance Parole is a document for certain aliens, whose I-485 application for adjustment of status is pending, to re-enter the United States after traveling abroad. There are two purposes for advance parole. First, it preserves the alien's I-485 pending status at the INS. Second, it enables the alien come back to the U.S. after traveling abroad without the necessity of obtaining a visa to the U.S. Such aliens must be approved for Advance Parole before leaving the United States. If they have not obtained Advance Parole prior to traveling abroad, they will not be permitted to re-enter the United States upon their return.

• Re-Entry Permit
An Re-Entry Permit is issued by permanent residents or conditional permanent residents who wish to remain outside the U. S. for a prolonged period of time, but less than two years. A re-entry permit usually enables a permanent resident, who traveled abroad for a period of time of more than one year but less than two years, to avoid the risk of not being allowed to come back the U.S. on the ground that the alien abandoned his permanent residence status. A re-entry permit can also serves as a passport for a permanent resident who wants to travel outside the U. S., but cannot get a national passport from his country of nationality.

Work Permit

Employment Authorization Document (EAD) is a document issued by the INS to authorize an alien to work in the US for a period of time, usually one year. It is also called a work permit.

Zhang & Associates provides fast and professional services to eligible applicants to apply for the EAD. Our experienced attorney(s) will first evaluate your situation. If you are qualified for the application, we will be glad to take your case.

After you retain us, our experienced attorney(s) will review and organize all the necessary application materials; complete the application form(s) required; submit the application on your behalf to the proper INS office; and contact the INS for the status of your pending application. As soon as the INS makes a final decision on your case, we will inform you of the result accordingly.