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What Is VAWA?
Abuse rates among immigrant women are generally higher than the national average. Furthermore, undocumented abused and battered spouses don’t seek help because they fear their undocumented status will be uncovered or exploited in the legal process.
The Violence Against Women Act of 1994 (VAWA) was created to provide avenues for certain battered immigrant spouses, children, and parents of US citizens and lawful permanent residents (LPRs), to leave their abusive family members without jeopardizing their immigration status. It provides them with a mechanism to apply independently of the abusive spouse or parent for immigration without their knowledge or consent. This is known as the VAWA self-petition.
Although the legislation appears to apply only to women, it is also available to abused men. If you are a non-immigrant in an abusive relationship and wish to apply for permanent residence, the skilled immigration lawyers at Andrew T. Thomas, Attorneys at Law, can help.
Eligibility Requirements for VAWA
Non-immigrants who are experiencing domestic violence may qualify under VAWA. You may be eligible to become a lawful permanent resident (get a green card) if you are the 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 spouse or former spouse
- A lawful permanent resident parent
If you are filing as an abused spouse, you need to be able to prove that you were legally married to your spouse. You may also include unmarried children under 21 in your self-petition.
Types of Abuses That Qualify for a VAWA Self-Petition
Often abused immigrants hesitate to self-petition for their immigrant visa, believing they don’t qualify under VAWA. Remember that every case is different, and abuse comes in many shapes and forms. There do not necessarily have to be elements of battery, assault, or physical violence. Abuse can also be found when any of the following are present:
- Psychological abuse
- Physical abuse
- Economic control by one partner over the other
- Emotional abuse
- Isolation by one partner
- Sexual abuse or rape, or sexual assault
- Intimidation factors displayed by one partner
Remember that abuse can happen to anyone regardless of economic background, race, age, ethnicity, gender, educational level, and partnership status.
VAWA Self-Petitioning Process
Form I-360
A VAWA self-petitioner must complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and file it along with supporting documentation. This could include evidence of abuse or physical battery and proof of the relationship. Providing this evidence may be challenging. For example, sometimes abusers refuse to give you the documents, or you may have omitted to take them with you when leaving the relationship.
The documents provided are intended to prove the following:
- The abuser’s status was that of a U.S. citizen or legal permanent resident.
- That you had an officially recognized relationship with the other person.
- You shared residency at some point with the alleged abuser.
- That there was actual abuse. A police record is not necessary to prove abuse.
- You are a person of good moral character with no criminal record and have not previously committed visa fraud.
- Your marriage started in good faith.
Form I-485
In some cases, you can also file an application for lawful permanent residency using Form I-485 and related documents simultaneously.
Once these documents have been submitted and accepted, VAWA self-petitioners may be granted deferred action status to make them eligible for certain public benefits. You may also be granted employment authorization.
If the petition is finally approved, any future deportation proceedings will be halted. Successful VAWA applicants can adjust their status to a lawful permanent resident status after the VAWA petition is approved.
Having an Immigration Attorney Can Benefit Your VAWA Application
Self-petitioning can be quite complicated when done by the applicant themself. Compiling documents and the actual submission of the VAWA immigration application can be pretty confusing. An experienced immigration lawyer will give you the confidence to submit the correct application and supporting documents for optimal outcomes.
If you are looking to apply for lawful permanent residence, want to renew green card, or change your immigration status, look no further. The competent immigration attorneys at Andrew T. Thomas, Attorneys at Law, will provide valuable information, advice, and an unrivaled dedication to your case. Call now!
Frequently Asked Questions
How Long Does it Take to Get a Green Card After VAWA Approval?
Timelines for VAWA approval are challenging to predict. Usually, it ranges from 18 to 24 months. However, in some circumstances, your VAWA request can be expedited if you have submitted a request for expedited processing based on an emergency.
According to the preference system, a green card or lawful permanent residence will be granted if the abuser is a citizen of the United States. However, if the abuser is not a U.S. citizen, you will have to wait for the visa to become available. This can take a few years. To improve your chances of an optimal outcome, consult an immigration attorney with experience in this area.
Is VAWA Easy to Get Approved?
Although the VAWA process requires only two steps to get approval, it is challenging. Submission of the correct documentation is critical and will lessen the chances of receiving a rejection notice.
Can VAWA Applicants Be Deported?
While waiting for your VAWA approval, there is no guarantee you will not be deported. However, you could approach the court to defer removal proceedings because of your pending self-petition. Such a request is likely to be granted.
Can I Get Citizenship With VAWA?
VAWA is not geared towards citizenship. Therefore, foreign nationals who wish to apply for citizenship are required to meet all other naturalization requirements. However, VAWA does provide a shorter route to citizenship.
How Much Is the Immigration Fee for VAWA?
There is no official fee for filing a VAWA petition. However, you will be liable for the legal costs if you elect to brief an attorney.
The price for filing Form I-485 varies depending on the category you fall under and can cost up to $1,225. However, this fee can be waived if you satisfy various requirements evidencing financial hardship.
