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