What is a VAWA and who qualifies for it?

What is a VAWA and who qualifies for it? This is a relevant humanitarian issue in the immigration process and for this reason, Wizard Visa prepared this post based on USCIS rules, to provide you with some important information about this theme. Keep reading and in doubt contact us!

According to USCIS rules, the family-based immigration process generally requires U.S. citizens and lawful permanent residents to file a petition for their noncitizen family members.

So, unfortunately, some petitioners may misuse the immigration process to further abuse their noncitizen family members by threatening to withhold or withdraw the petition to control, coerce, and intimidate them.

The Violence Against Women Act of 1994 (VAWA) provided noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to present a self-petition for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.

Who is Eligible to File I-360 Petition for Green Card Based on Being Abused Spouse (Self-Petition)?

Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS.

However, a noncitizen filing the self-petition is usually known as a VAWA self-petitioner. If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence and require a Green Card.  This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.

You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:

You have a qualifying relationship as the:

• Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:
• You are married to a U.S. citizen or permanent resident abuser;
• Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;
• Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence;
• You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse, but the marriage was not legitimate solely because of the bigamy of your abusive spouse;
• Child of an abusive U.S. citizen or lawful permanent resident parent;
• Parent of an abusive U.S. citizen son or daughter who is 21 years old or older;
• You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);
• You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
• You are a person of good moral character.

If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered the marriage in good faith and not for the purpose of evading immigration laws.

Abused Spouses, Children and Parents – USCIS

To apply for a VAWA self-petition you must submit:

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (There is no fee to file Form I-360 as a VAWA self-petitioner.);
• Evidence to demonstrate that you meet all eligibility requirements;

If you list derivative beneficiaries on your self-petition, provide evidence that any listed derivative beneficiary is under 21 years old and unmarried at the time of filing, as well as evidence of the relationship between you and your child.

If your Form I-360 is approved, it does not provide immigration status to you and your derivative beneficiaries. An approved Form I-360 provides immigrant classification so that you and your derivative beneficiaries may be eligible to apply for lawful permanent residence (obtain a Green Card).

If your Form I-360 is approved and you are in the United States, USCIS may consider you for deferred action on a case-by-case basis.

In some cases, the individual may remain eligible for the VAWA self-petition if an abusive relative lost or renounced their U.S. citizenship or lawful permanent resident status or if the abusive relative died.

If the individual is living outside of the United States at the time file the self-petition, needs to demonstrate one of the following in addition to the eligibility requirements:

• Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;
• Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or
• You were subjected to battery or extreme cruelty in the United States.

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