VAWA – Violence Against Women Act
The Violence Against Women Act (VAWA) provides a pathway for victims of domestic violence and extreme cruelty to obtain legal permanent residence (Green Card) in the United States. This process is particularly relevant for those who have suffered abuse at the hands of a U.S. citizen or a lawful permanent resident (LPR).
Who is eligible?
Individuals may be eligible for a Green Card under VAWA if they are victims of violence by:
- A U.S. citizen spouse or ex-spouse.
- A U.S. citizen parent.
- A U.S. citizen son or daughter.
- A lawful permanent resident (LPR) spouse or ex-spouse.
- A lawful permanent resident (LPR) parent.
Self-Petition under VAWA
Victims can file a self-petition using Form I-360 with or without the consent of the abusive family member. If the self-petition is approved, and other eligibility requirements are met, the applicant may be eligible to apply for permanent residence.
Adjustment of Status Requirements
To qualify for a Green Card as a self-petitioner under VAWA, one must:
- Properly file Form I-485.
- Be physically present in the U.S. at the time of filing Form I-485.
- Be eligible to receive an immigrant visa.
- Have an immediately available immigrant visa.
- Not be subject to adjustment of status bars.
- Be admissible to the United States or eligible for a waiver of inadmissibility.
- Merit a favorable exercise of discretion by USCIS.
Application Process
If you are in the United States and meet the requirements, you can file Form I-485 to apply for a Green Card without leaving the country. You must have an approved Form I-360 to qualify for a Green Card. In some cases, you may file Form I-485 concurrently or while Form I-360 is pending.
Confidentiality Protections
The law provides special confidentiality protections for self-petitioners under VAWA. USCIS cannot deny the application solely based on information provided by the abuser and cannot disclose any information about you to third parties, except in very limited circumstances.
Family Members
Unmarried children under 21 years of age of a VAWA self-petitioner may be eligible to apply for a Green Card as derivative family members. Each derivative applicant must file their own Green Card application and meet specific requirements.
Because of the sensibility of the abuse suffered through domestic violence, it is very important that you contact Attorney Yunuen Mora from Cross Border Lawyer to have an individualized consultation.
