Lawyers Manual - Unified Court System

Helping Immigrant Victims Access Federal and State Public Benefits 359
I-130 family-based petition who provides evidence to the benefits agency that
she has been battered or abused is a qualified immigrant for benefits purposes.
To document that the immigrant is the beneficiary of a pending11 or approved
I-130 petition, any of the following immigration documents should be sufficient:
1. an I-797 Notice of Action indicating receipt or approval of an
I-130 Petition for an Alien Relative, naming the immigrant as
the beneficiary; or
2. any document, even if it is expired, that shows that the
immigrant has been granted an immigration benefit or status
that is based upon a pending or approved I-130 petition. 12
Conditional residence status also is proof that an I-130 petition has been
filed. In fact, it is proof that the petition has been approved. Conditional
residence status is granted to an immigrant spouse of a USC if the marriage is
less than two years old at the time of the permanent resident interview. 13 An
immigrant who is a conditional resident is treated as a permanent resident for
two years. Failure to file a joint petition with the USC spouse to remove the
condition ends the conditional status. A battered immigrant is eligible to file a
petition on her own behalf to remove the condition and make her status
permanent, but even before she does that, she should be treated as a qualified
immigrant by the social services district. 14
Immigration Documents That Show an I-360 is Pending or Has
Been Approved:
Local social services districts appear to have less trouble recognizing the
types of immigration documents that entitle a battered immigrant to qualified
status when the documents the applicant provides relate to a self-petition
(I-360). In contrast to the I-130 family-based petition, USCIS issues a notice
upon receiving the I-360 and the supporting documents as soon as it determines
that the immigrant has made out a prima facie case for approval of the petition.
This notice is often referred to as the prima facie notice but its full title is
“Notice of Establishment of a Prima Facie Case.” A battered immigrant with
such a notice is considered a qualified immigrant.
Although the prima facie determination expires (usually after 150 days), it
is renewable until a final decision on the petition is made by USCIS. The
application for benefits of an immigrant who presents an expired prima facie
notice to the local social services district must be processed and the applicant
given thirty days to provide proof that she has applied for an extension. 15