Under Violence Against Women Act (VAWA), victims of domestic violence who are not U.S. citizens can self-petition for legal status in the country, providing a pathway to safety and security without relying on a sponsor or abuser. However, the process of filing a VAWA self-petition can be complex and overwhelming.
In this article, we will guide you through the steps to file a VAWA self-petition and provide helpful tips to make the process as smooth as possible, so that victims can receive the legal remedies and resources they need to escape abusive situations. To know How To File VAWA, read the full article.
To file for VAWA relief, you need to complete and submit a Form I-360. You have the option to file a one-step process by submitting the I-360 with the Form I-485 bundle simultaneously. However, if your abusive spouse holds a green card, you may have to wait until your priority date is reached before submitting Form I-485. Additionally, som either documents must also be provided.
The Violence Against Women Act, known as VAWA, provides safeguards and grants the ability for individuals who have experienced domestic violence or spousal abuse to file for a green card on their own, without relying on the assistance of the U.S. citizen or permanent resident relative who is perpetrating the abuse. VAWA is applicable to all genders, including women, men, and children.
Which individuals are safeguarded by VAWA and who meets the criteria for self-petitioning?
The individuals who are eligible for protection under VAWA include:
- Spouses and former spouses (provided they have been divorced and submit their petition within two years) of abusive U.S. citizens or lawful permanent residents.
- Children of abusive citizens or lawful permanent residents can file before they turn 21 (or 25, if the delay is attributed to the abuse)
- Parents of U.S. citizens (parents will need to show that abusive child is over 21 and over) can also be eligible. Parents of abused children of U.S. citizens or lawful permanent residents can apply for protection under VAWA.
Documents required to file VAWA self-petition
To initiate a VAWA self-petition, you must furnish the following documents:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. There is no application fee for filing Form I-360 as a VAWA self-petitioner.
- Evidence to support your eligibility for VAWA protection.
If you include derivative beneficiaries in your petition, you must provide evidence that they are under 21 years of age and unmarried at the time of filing, along with proof of the relationship between you and your child.
Upon approval of your Form I-360, you and your derivative beneficiaries do not receive immediate immigration status. Instead, you obtain immigrant classification that enables you and your derivative beneficiaries to seek lawful permanent residence (Green Card).
If you are present in the United States and your Form I-360 is approved, USCIS may, on a case-by-case basis, consider you for deferred action. To request deferred action consideration for derivative beneficiaries, submit a copy of the self-petitioner’s approval notice and evidence of a qualifying derivative relationship to the VAWA Service Center.
Process Of Filing For VAWA
Step 1: Meet an attorney
To initiate the VAWA application process, the initial step involves meeting with an attorney to discuss the circumstances that make the applicant eligible for the program. During this meeting, the attorney will ask some key threshold questions to determine eligibility.
The first question is typical whether the abusive individual, such as a spouse, has lawful status and whether they are a US citizen or a green card holder.
Step 2: Provide evidence of abuse:
After determining the immigration status of the abusive individual, a competent attorney can advise on the specific evidence required to establish the applicant’s eligibility. The next set of questions will focus on the nature of the abuse and whether it involved physical, sexual, emotional, psychological abuse, or a combination of these.
The applicant will need to provide a detailed timeline of the relationship, including all relevant details, as eligibility is not restricted to cases involving physical abuse only.
Step 3: Complete the forms
After finishing all the required steps and gathering all documentary evidence, the applicant should ensure that their forms are correctly signed and that all the evidence is appropriately indexed in their application. Including a cover letter that outlines the rationale for their case and why they believe they meet the qualifications is advantageous.
Step 4: Submit the application
The complete application package will be submitted to the nearest VAWA Service Center and the applicant will have to wait for it to undergo adjudication.
Step 5: Receive a receipt notice or prima facie approval:
Upon applying, the initial response from the VAWA Service Center will either be a receipt notice indicating that the application is being processed or a prima facie approval, which is granted if the applicant has fulfilled all the initial evidentiary requirements, such as submitting a personal statement, a valid claim for abuse, and background check evidence.
Upon completion of the initial evidentiary requirements, the applicant will receive a notice of prima facie approval, which does not equate to the final approval of the case.
After obtaining prima facie approval, if the applicant is applying as a current or former spouse of an abusive US citizen, they become eligible for their green card. Additionally, they can expect to receive their work authorization promptly as they are entitled to work authorization while their application is pending.
Step 6: Obtain work authorization
If the applicant is applying as a current or former spouse of an abusive US citizen, they become eligible for their green card. Additionally, they can expect to receive their work authorization promptly as they are entitled to work authorization while their application is pending.
Step 7: Respond to Request for Evidence (RFE)
If further evidence is needed, the applicant will receive a Request for Evidence (RFE) from USCIS during the adjudication of their case. This letter will provide a comprehensive explanation of the information required for approval of the application, summarizing the evidence submitted to date and identifying any necessary additional evidence
A period of 90 days is typically given for the applicant to respond to the RFE. During this interval, the applicant can review what other evidence can be collected and seek assistance from either USCIS or an attorney to address any issues. Following the response to the RFE, USCIS will once again review the entire body of evidence submitted and issue either an approval or denial of the application.
Step 8: Await the decision
If the application is approved, the outcome will depend on the immigration status of the abuser. If the application is granted for someone who is married to a US citizen, they will receive a green card and be considered a legal permanent resident. They may retain this status indefinitely or opt to apply for citizenship at a later point in time.
How long it takes someone to obtain employment under VAWA?
If an individual has an approved Form I-360, they are eligible to work in the United States. If they request an initial employment authorization document (EAD) by checking the appropriate box on Form I-360 and their Form I-360 is approved, USCIS will automatically consider them for employment authorization.
There is no need to file a separate Form I-765, Application for Employment Authorization. However, if they do not request an initial EAD on Form I-360, they must file Form I-765 after their Form I-360 is approved to apply for employment authorization and obtain an EAD.
In addition, if an individual has an approved Form I-360 and has been placed in deferred action, they are also eligible to work in the United States. To apply for work authorization, they must file Form I-765, Application for Employment Authorization with the Vermont Service Center.
It is also possible for derivative children to apply for work authorization after Form I-360 is approved. They must file Form I-765, Application for Employment Authorization, to request an EAD.
The length of time it takes for an individual to obtain employment depends on their spouse’s immigration status. If the abused person was married to a US citizen, they may apply for work authorization at the time of initial application, and it typically takes approximately three months to receive, as they are entitled to a work authorization while their application for adjustment is pending.
However, if they were married to only a green card holder, they must wait until they receive a final decision on their case. At this point, they can use the VAWA approval to apply for work authorization based on their current immigration status, which will be deferred action.
Once they are eligible for their green card, they may continue that application. Once they obtain green card status, they will not require work authorization and may work as legal permanent residents.
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