If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.
You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.
If you are a VAWA self-petitioner seeking to adjust status as an immediate relative, you may file Form I-485 at any time because visas are always immediately available for immediate relatives. If you are a VAWA self-petitioner seeking to adjust under a family-based preference category, you may need to wait for a visa to become available.
If a visa is immediately available, you may file your Form I-485:
- Together with your Form I-360;
- While your Form I-360 is pending; or
- After your Form I-360 is approved (and remains valid)
If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.
If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130.