Which is Faster I-130 or I-360 VAWA?
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Getting legal permanent residency green card through VAWA I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) is usually faster, but an immigration attorney who cares will tell you which form you should file. When a US citizen files the I-130 (Petition for Alien Relative) petition for a spouse, the “permanent” 10-year green card is usually issued about six years after beginning the residency process. After the I-130 petition approval, the foreigner will get a temporary green card that expires after two years (1 year processing + 2 years temporary card). Then, before that temporary green card expires, the couple files an I-751 Removal of Conditions case. Although there are ways to file earlier, the I-751 will be pending for about three (3) years. This is why the foreigner may not get a final permanent green card based on marriage for about six years (1 year processing I-130 + 2 years temporary card + 3 years processing I-751 = 6 years).
When is it Better to File the I-130 Instead of the I-360?
Immigration, like marriage, is about what is right…not about what is fastest. I dated one man who proposed within months. And then, much later in life, I dated another man for 10 years who never proposed. “Do you want to spend your life with me?” is not actually a proposal, regardless of how deliciously romantic those words seemed at the time.
Similarly, the most important factor in immigration should not be which form is fastest. Recently, a young woman who wants to marry her current boyfriend and start a family called our office. She could get a green card through VAWA (Violence Against Women Act) I-360, because her first husband was abusive. But I advised her that she marry, and we file the I-130 instead. USCIS (commonly known as Immigration) also takes years to review VAWA I-360 applications. If she marries her current boyfriend while the I-360 is pending, it will be denied. Given her desire to marry and start a family, I wished her all the best…and congratulated her current boyfriend on his upcoming wedding.
When is it Better to File the I-360 instead of the I-130?
Usually, survivors of abusive marital relationships – and survivors of parental abuse or child abuse — should request a green card through VAWA I-360. It is better to file VAWA I-360 when the survivor wants a solution, an end, a light at the end of the tunnel. Our experienced VAWA attorneys put our journalism, literature, and master’s in non-fiction degrees to work in helping you craft your statement. We organize your documents and recommend other items you will need. Help us help you. Click or call today to request a consultation.
Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
