Question: While I was living with my U.S. citizen husband, he filed an I-130 relative petition for me, and I filed an application to adjust status at the same time. My application has been pending for several months now. My husband recently became abusive, and I had to move out. I now want to apply for a green card through VAWA. Can I apply for VAWA while my Form I-130 is pending? Do I have to ask USCIS to withdraw my Form I-130 before I can apply for VAWA?
Answer: If you already have a pending Form I-130 application, you can still file a VAWA petition. You do not have to withdraw your Form I-130 application before you can apply for VAWA. If your Form I-130 application was filed by your abuser, you can transfer the priority date of your Form I-130 to your Form I-360 VAWA application.
How can I transfer my priority date from my Form I-130 to my Form I-360?
If USCIS has not adjudicated your Form I-130 petition, and you have not withdrawn the application, then you can transfer the priority date from your Form I-130 to your Form I-360 VAWA application.
If USCIS has already adjudicated your Form I-130, or if you have withdrawn your Form I-130, then you cannot transfer the priority date from your Form I-130 to your Form I-360. Also, you will have to file a new application for adjustment of status.
When you file your VAWA application, you must also submit all evidence required for a VAWA petition. You must also submit the receipt notice from your Form I-130 petition.
You must make the transfer request as early as possible so USCIS has enough time to process the request.
ImmiFree.Law is The Harrison Law Firm P.C.’s online platform to make the family immigration and naturalization process more efficient, accurate, and affordable. Baya Harrison, Esq. is an attorney licensed in New York, Florida, and California. Attorney Harrison has helped numerous individuals and families navigate the U.S. immigration process, specifically family-based petitions and naturalization.