The Violence Against Women Act (VAWA) is a federal law that provides important protections and immigration benefits to victims of domestic violence. Under VAWA, certain victims who are married to U.S. citizens or lawful permanent residents, or who have been abused by a U.S. citizen or lawful permanent resident spouse or parent, may be eligible to file a self-petition for immigration relief.
If you have been suffering certain problems within your marriage, you may qualify to file for VAWA and for a self-petition, which would allow you the option to possibly get your green card in the future, in addition to getting protection against deportation, a work permit and legal status inside the United States.
I am Supriya Gill, a lawyer and in this article, we will explore who is eligible to file a VAWA self-petition, what the process involves and a complete guide on VAWA.
According to USCIS, there are several different categories under which a VAWA application may be filed. These include persons who have been married to a US citizen or to a green card holder, who has suffered extreme cruelty or battery by their spouse or former spouse. Or also, if you are the parent of a 21-year-old US citizen or lawful permanent resident child and you have suffered extreme cruelty or battery by the child, or, if you are a child of a US citizen or lawful permanent resident who has committed extreme cruelty or battery against you.
It does not matter whether you are a man or a woman because either can apply for protection underneath VAWA.
To know more in detail, read the full article.
Who can file a VAWA self-petition?
VAWA self-petition can be filed by certain individuals who have been subjected to abuse or cruelty by their U.S. citizen or lawful permanent resident spouse, parent or child. Specifically, the following categories of people are eligible to file a VAWA self-petition:
- Abused Spouses: Individuals who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse. This includes individuals who are currently married to their abuser, those who have divorced their abuser within the last two years, or those whose marriage to the abuser was terminated due to the abuser’s death within the last two years.
- Abused Children: Individuals who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident parent. This includes children who are unmarried and under 21 years of age, or who are over 21 years of age but can demonstrate that the abuse was the main reason for the delay in filing the petition.
- Abused Parents of U.S. Citizens: Individuals who have been battered or subjected to extreme cruelty by their U.S. citizen son or daughter, who is at least 21 years old. This includes parents who are divorced from the abusive child’s other parent, or who are widowed or were never married to the abusive child’s other parent.
VAWA self-petitioners must also show that they have a “qualifying family relationship” with the abuser, which means they must be a spouse, child or parent of the abuser as outlined above.
The abuse must have occurred in the United States or its territories, or the abuser must be a U.S. citizen or lawful permanent resident residing abroad who subjected the victim to abuse while in the United States or its territories.
How long does it take for approval of VAWA self-petition?
Once you apply for VAWA, your case will take approximately two years or more.
When your case for VAWA is approved, you will receive a work authorization underneath the category C-31, and this will allow you to travel freely within the United States, if you are eligible, you may also move on to adjustment of status for a green card.
What constitutes abuse or extreme cruelty for VAWA self-petition?
The law underneath VAWA is made to be purposefully flexible because the government knows that when you have suffered either physical or emotional abuse, it can be very difficult to prove that you have gone through these situations.
So, the standard of evidence is any credible evidence. The most common perception of abuse involves any sort of physical violence, but the less well-known qualifying abuse is extreme cruelty. Otherwise, more commonly understood as emotional abuse.
USCIS will consider cases where there are controlling behaviours, threats to harm or deport you, forcible detention, unwanted sexual contact and other forms of toxic behaviour that are meant to control you that may constitute extreme cruelty.
For a VAWA self-petition, abuse is defined broadly to include a range of behaviours that cause physical, sexual, psychological, or emotional harm to the petitioner. Some examples of abuse that may be relevant in a VAWA self-petition include:
- Physical Abuse: Any use of physical force against the petitioner that causes bodily injury, pain, or impairment. This may include hitting, slapping, kicking, choking, or other acts of violence.
- Sexual Abuse: Any non-consensual sexual contact or activity, including rape, sexual assault, or coerced sexual activity. This may also include sexual harassment or other unwanted sexual advances.
- Emotional Abuse: If the victim feels fear, intimidation, or humiliation from the behaviour of the abuser. This may be verbal abuse like name-calling or insults or threats etc.
- Psychological Abuse: Any pattern of behaviour that leads to making the petitioner experience psychological or emotional harm, such as isolation from friends and family, controlling behaviour, or manipulation.
- Economic Abuse: If the abuser is controlling the petitioner’s finances like preventing the petitioner from working or accessing money, or forcing the petitioner to work without pay.
Note: Abuse can take many different forms, and each case is evaluated on a case-by-case basis. If you have experienced any type of abuse or cruelty at the hands of your U.S. citizen or lawful permanent resident spouse, parent, or child, you may be eligible to file a VAWA self-petition.
What evidence do you need for VAWA?
Proof of battery or extreme cruelty can come in different forms, and the standard is any credible evidence. Some of the evidence may include police records, court documents, psychologist evaluations, hospital records and written witness statements from friends and family that talk about what they have witnessed you going through.
When filing a VAWA self-petition, the petitioner is required to provide sufficient evidence to demonstrate that they have been abused by their U.S. citizen or lawful permanent resident spouse, parent, or child. The following types of evidence may help support a VAWA self-petition:
- Personal Statements and Affidavits: The petitioner’s statement describing the abuse they have suffered, including the dates and details of specific incidents, is a critical piece of evidence. Affidavits from friends, family members, or other individuals who have knowledge of the abuse and can provide corroborating details can also be helpful.
- Police and Court Records: Police reports, restraining orders, and other court documents related to the abuse can provide additional evidence to support the petitioner’s claims. It is important to provide as much detail as possible, including the date, time, location, and names of witnesses and officers involved.
- Medical Records: The victim needs to provide medical records documenting injuries or conditions related to the abuse that can help support a VAWA self-petition. Such as hospital records, doctor’s notes, or photographs of injuries.
- Witness Statements: Statements from witnesses who have seen or heard about the abuse can also be helpful in supporting a VAWA self-petition. These may include neighbours, co-workers, or other individuals who can provide information about the abuse.
- Proof of legal marriage: You also need to prove your legal marriage and that it was legitimate and made in good faith.
- Proof of abuser to be a US citizen or legal permanent resident: You need to prove that your spouse is a US citizen or a green card holder and this can be challenging to do so. Where you are not able to provide any evidence that your spouse is a US citizen or green card holder, you can provide other sorts of documentation and information to request that USCIS verify the status of your spouse. If you can get copies of your spouse’s passport, green card, US birth certificate or Certificate of naturalization, this will make your process much faster and easier for the government.
What are the benefits of filing a VAWA self-petition?
Filing a VAWA self-petition can provide several benefits to survivors of domestic violence, including:
- Immigration Benefits: One of the primary benefits of filing a VAWA self-petition is that it can allow the petitioner to apply for lawful permanent residency (also known as a green card) without the assistance of the abuser. This can provide survivors with greater independence and security.
- Protection from Deportation: Filing a VAWA self-petition can also protect from deportation survivors who may be in the U.S. without legal status. If the VAWA self-petition is approved and the survivor is granted lawful permanent residency, they will be authorized to live and work in the U.S. without fear of deportation.
- Work Authorization: Once a VAWA self-petition is filed, survivors may be eligible to apply for work authorization while their case is pending. This can provide survivors with greater financial independence and stability.
- Access to Public Benefits: Survivors who are granted lawful permanent residency through a VAWA self-petition may be eligible to receive certain public benefits, such as healthcare or food assistance, that were previously unavailable to them.
- Protection from Further Abuse: Filing a VAWA self-petition can also provide survivors with legal protection from further abuse by the abuser. In some cases, survivors may be eligible to apply for a restraining order or other legal remedies to protect themselves from future harm.
It is important to note that each case is evaluated on a case-by-case basis, and not all VAWA self-petitions will be approved. It is highly recommended that survivors work with a qualified immigration attorney who has experience with VAWA self-petitions to determine if they are eligible and to navigate the application process.
How to file a VAWA self-petition?
Once you are ready to submit the form I-360 called the petition for a special immigrant with the form I-485 application to adjust your status to USCIS, you must send all documents with your VAWA application, including a declaration, affirming your eligibility, which should describe your relationship detail along with everything that you have suffered, proof that your spouse is either a US citizen or a green card holder, or proof of the other family relationship upon which your VAWA case is made, evidence of the abuse and an address where USCIS can safely send your communication.
The complete process to file a VAWA self-petition is discussed below:
To begin the VAWA application process, the first step is to meet with an attorney to discuss the circumstances that make the applicant eligible for the program.
During this meeting, the attorney will ask key questions to determine eligibility, such as whether the abusive individual has lawful status and whether they are a US citizen or a green card holder.
After determining the immigration status of the abusive individual, the attorney will advise on the specific evidence required to establish the applicant’s eligibility.
Questions will focus on the nature of the abuse, including 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.
Once all required steps are completed and all documentary evidence is gathered, the applicant should ensure that their forms are correctly signed and that all evidence is appropriately indexed in their application.
Including a cover letter outlining the rationale for their case and why they believe they meet the qualifications is advantageous.
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.
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.
If the applicant receives prima facie approval, they become eligible for their green card and can expect to receive their work authorization promptly as they are entitled to work authorization while their application is pending.
If further evidence is needed, the applicant will receive a Request for Evidence (RFE) from USCIS during the adjudication of their case. A period of 90 days is typically given for the applicant to respond to the RFE.
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.
FAQS | Frequently Asked Questions
You can file for VAWA, whether you are married or divorced, but if you have gotten divorced from your spouse, you must file the VAWA application within two years of your divorce date. You also need to show the connection between the divorce and the abuse that you have suffered. You may be able to file for VAWA from outside the US as long as the abuse has occurred within the United States or if your spouse is a member of the US uniformed services or the US government.
If your VAWA case is denied, you will receive a letter of denial explaining how to file an appeal. You can file a notice of appeal along with the required fee at the USCIS Service Centre within 33 days of receiving the denial.
If your VAWA case is approved and your abuser is a US citizen, then your adjustment of status will be issued and determined around the same time. If your case is approved, and your abuser is a green card holder, then you must wait to make sure that your priority date is current according to the visa bulletin, before your adjustment of status application can go any further.
If your green card cannot be determined at the same time as your VAWA approval, you will receive a work authorisation underneath this category and you will be authorized to remain in the US.
Conclusion
The Violence Against Women Act (VAWA) provides important protections and support for victims of domestic violence, including the option to file a self-petition.
Eligibility requirements for a VAWA self-petition may vary depending on the specific circumstances of each case, but in general, it is available to certain qualifying family members of a U.S. citizen or permanent resident who has subjected them to domestic abuse.
If you or someone you know is in an abusive situation, it is important to seek help and understand your legal options, including the possibility of filing a VAWA self-petition.
There are many resources available to assist survivors of domestic violence in accessing the support and protections they need to rebuild their lives.
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