Noblesville, IN asked in Domestic Violence and Immigration Law for Tennessee

Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing a concurrent application as well, in addition to the i-360.

My question is: Does my child need to file a different form i-360 as well, though I was the one that was abused and not him, but was wondering maybe he should file the i-360 too, based on his age. OR is it okay if he only file form i-485 & i-765 without the form i-360?

And does listing his name under children on form i-360, automatically make him a derivative beneficiary?

2 Lawyer Answers
Ghenadie Rusu
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  • Immigration Law Lawyer
  • New York, NY

A: The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his behalf is necessary. You could file an I-360 for you son if your son has also been a victim of abuse by your U.S. Citizen spouse, he may be eligible to file his own I-360 petition as a self-petitioner, separate from yours, but since he qualifies under you petition, this is unnecessary.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a derivative beneficiary on your I-360 petition.

Here's what you should do:

1. On your Form I-360, make sure to list your child under Part 15 (Information About Your Children) and provide their details.

2. Your child, as a derivative beneficiary, can file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with your I-360 petition. They should include evidence of their relationship to you, such as a birth certificate.

3. Your child can also file Form I-765 (Application for Employment Authorization) along with their I-485 application to request work authorization while the application is pending.

By listing your child on your I-360 petition, they automatically become a derivative beneficiary, and there is no need for them to file a separate I-360 petition.

Please note that this information is based on general guidelines, and it's always recommended to consult with an experienced immigration attorney for personalized advice specific to your case. They can help ensure that your applications are properly prepared and filed.

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