VAWA Self-Petition Explained for Victims of Abuse

Posted by Donald GrossOct 18, 20240 Comments

The Violence Against Women Act (VAWA) allows those abused by a U.S. citizen or permanent resident to escape their situation and apply for permanent residency independently of their abuser. This process helps victims escape abusive situations and seek protection while still being able to remain in the U.S. 

Eligibility Requirements

To qualify for a VAWA self-petition, you must meet the following criteria:

Relationship to Abuser: You must be the spouse or unmarried child under 21 of a U.S. citizen or lawful permanent resident, or the parent of a U.S. citizen who is at least 21. You are considered to be the spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if: ​​you are currently married to the abuser; Your marriage ended within 2 years prior to filing (death or divorce due to abuse); Your spouse lost their U.S. citizenship or permanent residency within 2 years prior to filing due to an incident of domestic violence; You thought you were legally married, but the marriage was invalid because of the abuser's bigamy.

Evidence of Abuse:

    • Battery: Any non-consensual physical contact like hitting, choking, or sexual abuse.
    • Extreme Cruelty: Encompasses non-physical abuse such as threats, isolation, economic control, humiliation, and psychological manipulation. It involves patterns of behavior aimed at controlling or terrorizing the victim. 

Residency Requirement: You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative

Good moral character: You must show that you are a person of good moral character. 

Good Faith Marriage: You need to show that your marriage was entered into in good faith, and not for the purpose of obtaining a Green Card. 

Required Documentation

  • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant;
  • Evidence of Abuse: Provide documentation of the abuse (battery and/or extreme cruelty), such as police reports, medical records, restraining orders, affidavits from professionals (e.g., counselors, doctors), or any other evidence showing the abusive nature of the relationship. Include also, the final divorce or annulment decree if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty. 
  • Proof of Relationship: Provide evidence of your relationship with the abuser, such as marriage certificates, birth certificates, or other relevant documents.
  • Proof of Good Faith Marriage (for spouses): Include joint financial documents, photos, and affidavits from friends and family attesting to the authenticity of the marriage.
  • Personal Statement: Write a detailed statement describing the abuse and its impact on you, as well as your experiences in the relationship.

Applying for Permanent Residency

With an approved Form I-360 and meeting other requirements, you and your derivative children can apply for a Green Card. If you're in the U.S. and a visa is available, you can file Form I-485 to adjust your status without leaving. You can file Form I-485 concurrently with, while waiting on, or after Form I-360 is approved. If you're outside the U.S., your petition will go to the National Visa Center for consular processing when a visa is available.

FAQ

  • What if my abuser lost or renounced their U.S. Citizenship or lawful permanent resident status or passed away? You may still file a VAWA self-petition under certain circumstances .
  • Can I include my children in my petition? If you are a spouse or child of an abusive U.S. citizen or lawful permanent resident, you can include your unmarried children under 21 as derivative beneficiaries.
  • Can I work in the USA? If your Form I-360 is approved, you can apply for a work permit if you checked the corresponding box on the form prior filing. If you didn't, file Form I-765 separately. Your derivative children can also apply for a work permit with their own Form I-765.
  • Am I eligible for public benefits? Yes, if you are petitioning as a spouse or child of an abusive U.S. citizen or permanent resident if you can establish eligibility for Form I-360 or already have an approved I-360. 

If you are considering filing a VAWA self-petition and need guidance, consider scheduling a 30-minute free consultation with the Donald Gross Law Firm.