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Green Card - EB-4 - Frequently Asked Questions

9.

What if the abusive U.S. citizen or legal permanent resident did file a Form I-130 petition on behalf of the battered spouse which is either still pending or was withdrawn?

A self-petitioner who is the beneficiary of a Form I-130 petition filed by the abusive spouse will be able to transfer the priority date of the Form I-130 petition to the I-360 self-petition. This is extremely important for self-petitioners who must wait for a visa number as an earlier priority date will result in a shorter waiting time.

10.

How do I file an appeal if my self-petition for permanent residence is denied?

If your application is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the Service Center, the appeal will be referred to the Administrative Appeals Unit in Washington DC. Sending the appeal and fee directly to the AAU will delay the process.

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11.

Where can I find the law on filing a self-petition?

The Immigration and Nationality Act is the law that governs immigration in the U.S. The Violence against Women Act provisions relating to immigration are codified in section 204(a) of the INA. Rules published in the Federal Register explain the eligibility requirements and procedures for filing a self-petition under the VAWA provisions. These rules can be found in the Code of Federal Regulations at 8 CFR ยง 204. The Battered Immigrant Women Protection Act of 2000 (BIWPA) made significant amendments to section 204(a) of the INA. Self-petitions may be filed according to the amended requirements but adjudication may be delayed until rules are published.

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