What Are The Requirements For VAWA?

I am Supriya Gill, a lawyer and in this article, we will discuss the requirements to apply for a VAWA petition, who can apply for a VAWA petition and the types of benefits provided by VAWA to the victims of domestic violence.

The Violence Against Women Act (VAWA) is a federal law protecting and providing immigration benefits to victims of domestic violence, dating violence, stalking and sexual assault.

To avail the benefits of VAWA there are certain requirements to be met which depend upon the type of VAWA benefit you are applying for. The most important requirement is that the abuser must be a citizen of the U.S. or an LPR, have a qualifying relationship with the abuser, the abuser has done battery or extreme cruelty to the victim, victim must be of good moral character and the victim resides or has resided with the abuser.

The victim needs to prove the qualifying relationship and existence of domestic violence by submitting the proper evidence to avail benefits under VAWA.

To be eligible for VAWA, you must meet certain requirements. These requirements vary depending on the type of VAWA benefit you are applying for.

Table of Contents

What are the requirements for VAWA?

Generally, there are 5 major VAWA requirements:

A Qualifying relationship between the abuser and the victim

The victim who needs to file a VAWA self-petition must prove a qualifying relationship to the abusive partner to be eligible for benefits under VAWA. Victims having a qualifying relationship include:

If you are a spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident, you are eligible to file VAWA self-petition. You must be in a legally valid marriage with an abusive US or LPR spouse according to the law of the place where the wedding took place but it should align with the US public policy. The term intended spouse means if a legal marriage took place between the victim and abuser but it became invalid due to the abusive partner’s bigamy or polygamy. In this case, you need to prove that the marriage ceremony was performed.

If you are a child of an abusive U.S. citizen or lawful permanent resident parent, then you are eligible to file a VAWA self-petition. The child must be a biological child, adoptive child or stepchild of the abuser. When the self-petition is filed, the child must be unmarried and less than 21 years of age. In some circumstances, the age criterion can be waived. Here, unmarried implies the child must either never have married or the marriage has been terminated.

If you are a parent of an abusive U.S. citizen son or daughter who is 21 years old or older, then you are eligible to file a VAWA self-petition. The self-petitioning parent must be a biological parent, stepparent or adoptive parent. The abusive child must be a US citizen and not LPR.

The self-petitioning spouse, child or parent needs to demonstrate certain evidence to prove the qualifying relationship with the abuser such as a court decree of paternity, a hospital birth record, affidavits and photos of the marriage ceremony, etc.

The victim resides or resided with the abusive US citizen or LPR

To be eligible for VAWA self-petition it is a necessary condition that the victim resides or has resided with the abuser in the past. It is no longer a required condition for USCIS that the self-petitioner has resided with the abuser during the qualifying relationship.

Residence means the general place of abode of a person without regard to intent. Merely visiting the abuser’s home while maintaining a general place of abode elsewhere does not meet the residency requirement under VAWA.

The self-petitioner must reside with the abuser at any time before filing the self-petition or residing with the abuser while filing the self-petition. The duration of residing with the abuser in the United States does not matter. It is also immaterial whether the victim was living with the abuser or not when the abuse occurred.

However, it is a necessary condition for self-petitioning children that they resided with the abuser when the abuse occurred. For a child, residence may also include any period of visitation.

The abusive person must be either a U.S. citizen or lawful permanent resident

It is necessary to demonstrate that the abuser is a U.S. citizen or lawful permanent resident. However, there is an exception to this requirement. If the abuser U.S. citizen or lawful permanent resident has lost the status of the citizenship, then within two (2) years of such loss of status, you can apply for VAWA.

You must have suffered battery or extreme cruelty at the hands of the U.S. citizen or lawful permanent resident

It is necessary to demonstrate that the abuser has battered or subjected the victim to extreme cruelty during the qualifying relationship. In the case of an abused adopted child, the battery or extreme cruelty may be committed by the adoptive parent or any family member of the adoptive parent who is living in the same household.

The abuse must taken place during the subsistence of the qualifying relationship. In the case of self-petitioning children, it is required that the child was residing with the abuser when the abuse occurred and it can be any period of visitation as well.

VAWA broadly defines battery or extreme cruelty. Acts such as slapping, kicking, hitting, choking, threatening to use a weapon, etc. come under the battery. Any act or threatened act of behaviour which can cause pain or psychological suffering, minimizing, coercion, economic control, etc. comes under the definition of extreme cruelty.

You must be a person of good moral character

Self-petitioner must demonstrate his/her good moral character. Usually, USCIS takes into consideration the three years just before the filing of self-petition. The conduct of the self-petitioner is evaluated as per the provisions regarding good moral character in INA 101(f) and the standards of the average citizen in the community.

The basic evidence to demonstrate good moral character is the self-petitioner’s affidavit containing a detailed statement with respect to conduct and behaviour, thus, establishing good moral character.

Self-petitioner also needs to submit a local police clearance or a state-issued criminal background check from each locality or state in the United States in which the self-petitioner has resided for 6 or more months during the three-year period immediately preceding the filing of the self-petition.

Who is eligible to apply for VAWA?

The protections of VAWA do not apply to just women but also to men, former spouses, LGBTQ+ individuals, individuals separated from their spouses, adopted children and others.

But to qualify, you must:

Be the spouse, parent or child of the abuser: There must be a certain relationship between the abuser and the victim if you want to apply for VAWA such as you can be the spouse, child or parent of the abuser.

Victim of the battery or extreme cruelty: VAWA broadly defines battery or extreme cruelty. Acts such as slapping, kicking, hitting, choking, threatening to use a weapon, etc. come under the battery. And any act or threatened act of behaviour which can cause pain or psychological suffering, etc. comes under the definition of extreme cruelty.

Have resided with the abuser: To apply for VAWA the victim needs to show that they have lived with the abuser at some time. Although it is not a necessary condition that the victim still lives with the abuser or to show that the victim has lived with the abuser for a certain amount of time.

Have a good moral character: The victim needs to demonstrate good moral character to ensure he/she does not have any criminal record or other immigration transgressions.

Evidence Needed for a VAWA Immigration Case

There is a need to gather some evidence to send with your form if you wish to self-petition under VAWA. It is a well-known fact that gathering evidence is not an easy task as abuse cases differ from case to case. So, in such scenarios, the USCIS and your VAWA immigration lawyer can be very understanding.

Some of the evidence needed to self-petition under VAWA includes:

The evidence that establishes the relationship between the victim and the abuser

The evidence of the status of the abuser as a U.S. citizen or LPR

An affidavit of good moral character with an appropriate criminal background check

Any proof that demonstrates that the victim and the abuser have lived in the same residency

The evidence of marriage between the victim and the abuser took place in good faith

Any proof of the abuse and not necessarily a police report

Types of VAWA benefits

VAWA mainly provides three types of benefits:

VAWA Self-petition: If you are a victim of violence, with VAWA self-petition you can petition for your immigration benefits, such as a green card.

VAWA Derivative-petition: If you are a victim of violence and have already obtained a green card through VAWA self-petition, with the VAWA derivative petition you can petition for your spouse, children or parents.

VAWA U nonimmigrant visa: This is a special visa that is available to victims of violence who have been helpful to law enforcement in investigating or prosecuting the crime.

Conclusion

If you are a victim of violence and eligible for VAWA, you should consult with an immigration attorney to discuss your options. An immigration attorney can help you determine if you are eligible for VAWA and can assist you with the application process.

If you want a VAWA green card, you need to make sure you meet the VAWA requirements and complete every form correctly and provide the right evidence. We hope this article cleared some things for you and now you know how to proceed.

References

https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents

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