Adjustment of Status for VAWA self-petitioners
Author: New York Immigration attorney Alena Shautsova
VAWA self petitioners may adjust their status to permanent residency if their petition I -360 is granted. Those who are/were married to abusive US citizens may file the whole adjustment package together with the I-360 form. Those who abusive spouses are/were permanent residents have to wait until their priority date becomes current.
VAWA beneficiaries may adjust even if they entered the US without inspection. However, if they entered as K-1 fiance, and did not marry their K-1 petitioner, VAWA self petitioners would not be able to adjust. See KHANH NHAT THUY LE v. Holder, 5th Cir.
There is hope, however, if the K-1 fiance did marry the petitioner within the 90 days and then divorced him/her and subsequently applying for the adjustment of status under the Matter of Sesay, 25 I&N Dec. 431 (BIA 2011). However, USCIS will require that the original petitioner executes I-864 affidavit of support, even if the K-1 holder and the petitioner are no longer married.