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cp 49-055 benefit determinations - Department of Public Social ...

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Family Based Petition<br />

• I-130, Receipt Notice<br />

• I-130, Approval Notice<br />

• I-130, Cash Register Receipt<br />

• Any other evidence that establishes the filing <strong>of</strong> an I-130<br />

petition<br />

What document(s) may a non-citizen receive from USCIS after<br />

he/she filed for VAWA status?<br />

After the petition has been filed the applicant/participant may have<br />

any <strong>of</strong> the following<br />

USCIS forms:<br />

Form<br />

I-797 or<br />

I-797C<br />

I-797 or<br />

I-797C<br />

1797C<br />

I-797/I<br />

797C<br />

Notice <strong>of</strong> Action from USCIS<br />

Indicates filing <strong>of</strong> the I-360 petition. This is not sufficient<br />

evidence <strong>of</strong> pending status as a battered non-citizen.<br />

Within three weeks, USCIS will send an additional<br />

notice. The applicant/participant must return with the<br />

second notice, which indicates approval/pending status<br />

to complete the verification.<br />

Indicates “Establishment <strong>of</strong> Prima Facie Case.” The<br />

case type is I-360 Petition for Amerasian, Widower or<br />

Special Immigrant. This is sufficient evidence <strong>of</strong><br />

pending status as a battered non-citizen. This document<br />

is valid for 150 days (expiration date is on the form).<br />

This is usually enough time for the case to be<br />

adjudicated. An extension can be requested in writing<br />

to USCIS if needed to continue public <strong>benefit</strong>s. If the<br />

establishment <strong>of</strong> the prima facie case is non-reissued or<br />

extended, the case may have been denied by USCIS.<br />

Stating “Receipt Notice,” the receipt shows the<br />

applicant/participant paid for case type “I-360 Petition for<br />

Amerasian, Widower, or Special Immigrant” or the “I-<br />

130 Petition for Alien Relative.” This is not sufficient<br />

evidence <strong>of</strong> pending status as a battered non-citizen.<br />

Stating the notice type is an “Approval Notice,” which<br />

means the applicant/participant is a battered non-citizen<br />

and is eligible. The notice may indicate a deferred<br />

action that does not affect the approval status even if<br />

the time period has expired, unless the Vermont Service<br />

Center has indicated the deferred action has been<br />

revoked.

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