Under VAWA, victims of domestic violence who are in a relationship with a U.S. citizen or legal permanent resident spouse or parent may be eligible to self-petition for lawful permanent residency without the abuser’s sponsorship.
One of the questions that often arises is how long one must have lived with their abusive spouse to apply for a VAWA self-petition.
I am Supriya Gill, a lawyer and in this article, we will explore the basic eligibility requirements for VAWA self-petitioning and discuss the lack of specific time requirements for living with an abusive spouse.
We will also highlight other important factors to consider when applying for a VAWA self-petition and the importance of seeking the guidance of an experienced immigration attorney.
To be eligible for VAWA, there is no specific minimum duration of living with a US citizen or green card holder spouse required. Providing evidence of having lived with your spouse at some point in time is sufficient.
This can be accomplished through your statements or those of witnesses who can attest to your cohabitation, such as if they have visited you at your shared residence or are aware of your living situation.
Even if you were married to a US citizen or green card holder spouse who was abusive towards you for only a short period, such as a month, this should not deter you from seeking VAWA protection.
To know more in detail, read the full article.
How Long Do I Need To Live With Spouse To Apply For VAWA?
One of the unique aspects of the Violence Against Women Act (VAWA) is that there is no specific time requirement for how long you must have lived with your abusive spouse to be eligible for a VAWA self-petition. The most important factor is whether you can demonstrate that you have been subjected to battery or extreme cruelty by your spouse or parent who is a U.S. citizen or legal permanent resident.
While living with your abusive spouse or parent is an important factor in establishing your eligibility for VAWA self-petitioning, it is not the only factor. You may be able to demonstrate that you were subjected to abuse even if you did not live with your abuser for an extended time. It’s important to provide evidence of the abuse and its impact on your decision to leave the relationship to establish eligibility for VAWA self-petition.
There is no minimum time to live with a US citizen or green card holder spouse to qualify for VAWA. All you need to show is that you did live with them at a certain point in time.
That can be done through your statements, statements of witnesses of you living together, if they come over for dinner if they know you to be living with your spouse. It can be done in different ways.
If you were in an abusive relationship and married to a US citizen or green card holder who was the abuser towards you, and even if you only lived with your spouse for a month, do not let that deter you from seeking help through VAWA.
Abuse does not necessarily have to be physical, as verbal abuse can be equally, if not more, damaging than physical violence. Emotional abuse, degradation, and other forms of mistreatment also qualify as abuse. If you have experienced or are currently experiencing such abuse, you may be eligible for a green card through VAWA.
Once we submit our application, we can expect to receive work authorization within approximately six months, followed by a green card in about two to two and a half years.
Typically, it takes around one and a half years for approval of the VAWA petition, which is earlier than when you would normally apply for a green card. After the petition is approved, the applicant is granted permission to permanently reside in the United States and receive a work permit.
Later on, a green card interview is scheduled, which the applicant will need to attend.
It’s important to note that the VAWA self-petition process can be complex, and it’s recommended that you seek the assistance of an experienced immigration attorney who can guide you through the process and help you understand the eligibility requirements specific to your situation.
Basic Eligibility Requirements for VAWA Self-Petition
The basic eligibility requirements for a Violence Against Women Act (VAWA) self-petition include:
- Applicant must be spouse or child or parent of the abuser: To file a VAWA petition, you must be the spouse of the abuser or the parent of a child who was abused by the Legal permanent resident or US citizen spouse. If the marriage ends due to abuse, you can file the petition within two years of the end of the marriage or two years of the abuser’s death. If you remarry before the approval of your VAWA petition, it will be denied. However, if the marriage ends after filing the petition, it does not affect your VAWA petition.
- Evidence of abuse: It’s important to provide as much evidence as possible to support your claim of abuse, including police reports, medical records, witness statements, and any other relevant documentation.
- Residency in the United States: You must reside in the United States to file a petition under VAWA, but you can file even if you are living abroad if the abuser is an employee of the U.S. government or armed services, or if the abuse occurred in the United States.
- Marriage should be in Good faith: To qualify for a green card through VAWA, you must have entered the marriage in “good faith,” meaning you did not enter the marriage solely to obtain a green card. Living with the Legal permanent resident or US citizen abuser for a specific length of time is not required, nor do you have to currently live with the abuser when you file for VAWA benefits. However, you must be a person of good moral character for at least the past three years, and committing crimes, using drugs, illegal gambling, lying under oath, or harming others may prevent you from showing good moral character.
- Living with a Legal permanent resident or US citizen abuser at some point is necessary, but there is no specific duration required. Additionally, it is not a requirement to currently live with the abuser when filing for VAWA benefits.
- Good moral character: To be eligible, you must have demonstrated good moral character for at least the past three years. Activities such as committing crimes, using drugs, engaging in illegal gambling, lying under oath, or causing harm to others may hinder you from demonstrating good moral character.
- Immigration attorney assistance: VAWA self-petitioning is a complex legal process, and it’s highly recommended that you seek the assistance of an experienced immigration attorney who can guide you through the process and help you understand the eligibility requirements specific to your situation.
It’s important to note that these eligibility requirements are just the basic requirements and that each case may have additional factors to consider. Additionally, VAWA self-petitioning is a complex legal process, and it’s recommended that you consult with an experienced immigration attorney for guidance on your specific situation.
Conclusion
The Violence Against Women Act (VAWA) provides a crucial lifeline for immigrant victims of domestic violence who may be hesitant to report abuse due to their immigration status.
While there is no specific time requirement for living with an abusive spouse to be eligible for a VAWA self-petition, it is important to provide evidence of abuse and its impact on your decision to leave the relationship.
Additionally, good moral character, residency in the United States, and timing of self-petition are other important factors to consider. Seeking the assistance of an experienced immigration attorney can help ensure that you meet all the requirements and increase your chances of success in the self-petition process.
Victims of domestic violence need to know that help and support are available to them, and VAWA self-petitioning is one option to consider in seeking safety and independence from their abusers.
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