Violence Against Women Act (VAWA)

If you have been a victim of battery or extreme cruelty committed by a U.S. citizen spouse or former spouse, a  U.S. citizen parent, a U.S. citizen son or daughter; a lawful permanent resident (LPR) spouse or former spouse; or an LPR parent; you may be eligible to obtain a green card. This provision applies to men, women, same-sex relationships, and children.

VAWA is a self-petition application. This means that the victim can apply and does not need the consent of the abusive family member’s knowledge or consent. If your petition is approved, and you meet all the requirements, you could apply for a green card.

Frequently Asked Questions

What are the VAWA Eligibility and Requirement?

You may qualify for a VAWA if you suffered battery or extreme cruelty by the following family members:

• A U.S. citizen spouse or former spouse;
• A U.S. citizen parent;
• A U.S. citizen son or daughter;
• A lawful permanent resident (LPR) spouse or former spouse; or
• An LPR parent.

If you are a Spouse: Spouse may self-petition if they are or were abused by a U.S. citizen or permanent resident. If your child was abused by a   U.S. citizen or permanent resident spouse, you might also qualify to file under VAWA.  Unmarried children who are under 21 can file through the spouse or themselves.

Parent:  Parent of a U.S citizen may file if your U.S. citizen son or daughter has abused you.

Child: You may file for yourself if you are an abused child under 21, unmarried, and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included in your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.[1]

What are the requirements for a Spouse?

For a spouse to qualify for a VAWA, it must meet the following requirements:

• You are married to a U.S. citizen or permanent resident abuser or
• your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the two (2) years before filing your petition, or
• your spouse lost or renounced citizenship or permanent resident status within the two (2) years before filing your petition due to an incident of domestic violence, or
• you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse, but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
• You have been abused by your U.S. citizen or permanent resident spouse, or
• your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
• You entered into the marriage in good faith, not solely for immigration benefits.
• You have resided with your spouse.
• You are a person of good moral character.

What are the requirements for a Parent?

For a Parent to qualify for a VAWA, it must meet the following requirements:

• You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or
• you are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or
• you are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within two (2) years prior to filing the self-petition.
• You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.
• You have resided with the abusive son or daughter.
• You are a person of good moral character.

What are the requirements for a Child?

For a Child to qualify for a VAWA, it must meet the following requirements:

• You are the child of a U.S. citizen or permanent resident abuser, or
• you are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
• You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.
• You have resided with your abusive parent.
• You are a person of good moral character; a child, less than 14 years of age, is presumed to be a person of good moral character.

How long does it take to obtain a U-Visa?

The processing time for VAWA varies depending on the workload and the resources available by USCIS. Processing time cannot be guaranteed. Check the USCIS website for updated processing times.

What is the process of becoming a permanent resident with VAWA?

You can apply for an adjustment of status once you have an approved VAWA application or a form I-360. You can apply for adjustment of status at the same time you apply for VAWA, or you can wait for your VAWA application to be approved and then apply for an adjustment of status. To be eligible for a Green Card as a VAWA self-petitioner, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are physically present in the United States at the time you file your Form I-485;
• You are eligible to receive an immigrant visa;
• An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;
• None of the bars to adjustment of status apply to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or another form of relief; and
• You merit the favorable exercise of USCIS’ discretion.
• Eligible to Receive an Immigrant Visa.[2]

If I entered the U.S. without inspection (undocumented), do I qualify for a VAWA if I was a victim of domestic violence? Yes! If you meet the requirement, you can apply for a VAWA.

You may need to apply for a waiver, depending on your particular circumstances. Give us a call to review your case and determine if VAWA is the best option for you.

Will the public charge law apply to me? It does not. VAWA petitioners are not subject to the public charge law.

Will my abuser know about this process? The process is confidential. USCIS will not contact the abuser or send any correspondence. You can provide a safe address where you will receive all your correspondence. You can choose to mail all your correspondence to your attorney. The attorney-client privilege protects everything about your case with your attorney.

I was a victim of domestic violence; do I qualify for a U-Visa? You may be eligible for a U-Visa. However, you could consider applying for the Violence Against Women Act (VAWA), which may allow you to get a status faster. We can review your case and give you an evaluation if you are not sure what is your best option. Give us a call and schedule a consultation to review your particular case. Every case is different.

Can I work and travel while I have a VAWA pending?

If you have an adjustment of status pending, you can apply for work authorization and advance parole to travel. We do not recommend that you leave the country. If you leave the country, there are not guarantee that you would be allowed back in the country, even if permission was granted. Consult with your attorney before leaving the country.

I still have questions; can I call you? Of course, we are here to answer all your questions. Give us a call and schedule a consultation to review your case.

Sources: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status

[1] https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents

[2] https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-vawa-self-petitioner