Violence Against Women Act (VAWA) Self-Petition
If you need legal assistance related to VAWA, we are here to help. We understand the importance of addressing issues related to domestic violence, abuse, and other qualifying crimes, and we are dedicated to providing compassionate and effective legal representation.
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What is VAWA?
The Violence Against Women Act (VAWA) is legislation designed to address and combat domestic violence, sexual assault, and other forms of gender-based violence. Under VAWA, immigrant victims can apply for legal status in the United States independently of their abusive spouses or parents, thereby removing the abuser’s power and control over their immigration status.
Eligibility for VAWA relief extends to spouses, children, and parents of U.S. citizens or lawful permanent residents who have experienced battery or extreme cruelty.
Documenting Abuse: It’s essential to collect and present evidence of the abuse, such as police reports, medical records, photographs, and witness statements. This documentation strengthens your case and supports your VAWA petition.
What Is A VAWA Self-Petition?
To self-petition, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents. You must also file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with supporting documents, to obtain a Green Card, if you have not already done so.
If your abusive spouse or parent has already filed Form I-485 for you as your sponsor, you can request that it be converted to a VAWA petition.
As a VAWA self-petitioner, you must also include supporting evidence with your application that both proves your relationship to your abuser and the abuse you suffered at their hands. Some examples of evidence include criminal records, medical records, psychological records, written affidavits, statements from friends and family members, and a personal statement that outlines the history of the abuse.
If you are experiencing abuse, you can get help by contacting the National Domestic Violence Hotline at 1-800-799-7233.
Who Is Eligible For VAWA?
Victims can self-petition if they meet some of the following requirements below:
-Abuser must be U.S. citizen or permanent resident (“green card holder”)
-You were abused by spouse during marriage (Note: You do not have to be married to your abuser during time of filing VAWA petition)
-You were subjected to “battery” or “extreme cruelty” by spouse (Includes: threats, hitting, slapping, emotional abuse, forced sex, threatening to abducting your children, controlling where you go, forcibly detaining you, threatening deportation)
Eligibility of Men Under VAWA:
VAWA protects all victims of abuse, including men, equally. Male victims of domestic violence often hesitate to seek help due to societal stigmas. Still, VAWA provides a confidential and secure means of petitioning for lawful status, independent of the abuser’s gender or the victim’s.
Navigating the VAWA process can be complex and emotionally challenging. Seeking legal counsel from an experienced immigration attorney is crucial. We understand the complexities of the process and are committed to helping you achieve the safety and security you deserve.
Let our experienced, compassionate immigration attorneys guide you through the VAWA process.
-You lived with your abuser for some time (Note: You do not have to live with your abuse now or when petition is submitted)
-You married your spouse in “good faith”-not for immigration status or other legal benefits
-You have “good moral character”- didn’t commit any crimes or violate any immigration laws, other than coming to the U.S. illegally.
Frequently Asked Questions
–Your relationship with your abuser. This can be proven through your marriage certificate or your birth certificate, depending on the nature of your relationship.
–That your marriage was in good faith. To have a successful VAWA claim, it is necessary to prove that you and your spouse (or former spouse) were married legitimately and in good faith. To prove this, many people include photographs, notes, letters, or emails between them and their spouse. It can also be helpful to include information on shared finances and declarations from friends and family as well.
-The immigration status of your abuser. To file for VAWA self-petition, it is necessary to prove that your abuser has legal immigration status in the United States. This can be in the form of birth certificates or government-issued identification from the United States government, like a Green Card. If you are unable to obtain these documents, it is possible to include only the abuser’s A number and the reason why it is impossible to obtain their documents.
-Shared residence with the abuser. Self-petitions must demonstrate that they currently live with their abuser or used to live with their abuser. Both the self-petitioner and the abuser must be listed on the documentation. Typically, rental or lease agreements, utility bills, or children’s school records suffice.
–That abuse occurred. While there are several options to prove that abuse occurred, obtaining this evidence can be emotionally difficult and confusing, as law enforcement typically must be involved. Restraining orders, police reports, 911 transcripts, court records, medical records, or documentation from domestic violence shelters are typically considered appropriate evidence.
–Good moral character. Asserting that you are of good moral character is often as easy as proving that you have not experienced trouble with the law. It can also be helpful to secure declarations from individuals in the community and/or local police clearance letters.
While the evidence that a person submits in their VAWA petition varies from case to case, it is often helpful to include official documentation from the police. This can be helpful to prove that abuse occurred and that a self-petitioner is a person of good moral character. In this way, it is not required to have the police involved, but it can be incredibly beneficial to a person’s application.
It is possible for VAWA self-petitioners to include their children in their claim. If a self-petition is approved, all derivative beneficiaries (i.e., children) are granted both the same immigration status and priority date as the self-petitioner. This means that they can apply for Lawful Permanent Resident status once a visa is available. It should also be noted that as a VAWA self-petitioner, you are also able to add a child that was born after the petition was already approved.
Ready to start the VAWA process? We’re here to protect your right to safety and freedom.
