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

petition or a prima facie determination for self petitioners. The I-797 or
I-797C documents must show approval of prima facie Determination
of an I-360, based on the status as a spouse or child of an abusive
United States citizen or LPR.
What is an Approved Self Petition?
An approved self petition may indicate that USCIS has exercised the
option to place the person in deferred action. This means that USCIS
will not initiate removal (deportation) proceedings against the selfpetitioner.
A deferred action determination is valid for a specified
period of time as indicated on the USCIS document. Once the time
period has expired, a battered non-citizen must provide acceptable
USCIS documentation in order to continue to be eligible.
What USCIS documents indicate Approval of a
Petition/Application/Prima Facie determination?
The I-797 OR I-797C must indicate approval of either an I-360 or I-
130 petition, a final order of notice form, an Immigration Judge, the
Board of Immigration Appeals or Federal Court granting suspension of
deportation or cancellation of removal.
What is a Pending Self Petition?
A pending self petition, which sets forth a prima facie case means that
USCIS has made a review and has determined that based on the face
value of the evidence, the case appears to be valid.
What is the Prima Facie determination?
A prima facie determination is an interim decision pending an
approval or denial of the petition. Once USCIS has made the prima
facie determination, the battered non-citizen will receive a prima facie
notice. A prima facie notice is valid for up to 150 days after issuance.
In order for a battered non-citizen to remain eligible after the
expiration of a prima facie notice, the battered non-citizen must have
either a renewal of the prima facie notice or an approved petition.
NOTE: For battered non-citizens with a pending self petition by a
widow(er) or a family based petition, the County should
request that USCIS expedite the petition process. The
County is also advised to refer the battered non-citizen to the
local legal organization for possible assistance with selfpetitioning
as a battered non-citizen.
What document verifies the Approval of Petitions by a
Widow(er)?
The USCIS document, which indicates approval of petitions by a
widow(er) is the I-797 or the I-797C. This document must indicate
approval of an I-360 based on the status as a widow(er).