VAWA

VAWA stands for the Violence Against Women Act, passed by Congress in 1994, which protects victims of domestic violence when perpetrated by a U.S. citizen (USC) or a lawful permanent resident (LPR).

VAWA self-petitioning allows victims of abuse who are close relatives of US citizens and lawful permanent residents to file for status on their own. Normally under family-based immigration, it is the USC/LPR who files a petition with the United States Citizenship and Immigration Service (USCIS) and controls when and if the visa petition is filed. Through a VAWA self-petition, victims of abuse can pursue legal status on their own without the participation or control of the abuser. If the petition is approved and other eligibility requirements are met, the self-petitioner may be eligible to apply to become a lawful permanent resident.

Despite its name (“Violence Against Women Act”), VAWA is not gender specific. Regardless of their gender, VAWA eligibility extends to the spouse, child, or parent of a US citizen (USC) and the spouse or child of a lawful permanent resident (LPR).

You may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty if:

• you are (or were) the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may include your unmarried children who are under 21 on your petition.
• you are the parent of an abusive U.S. citizen son or daughter who is at least 21 years of age at the time of filing
• you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your own children (if any) may also be included in your petition. You may also file for yourself as a child after age 21 but before age 25 if the abuse was the main reason for the delay in filing.

To qualify for VAWA, you must provide credible evidence showing:

• the abusive relative’s U.S. citizenship or lawful permanent resident status
• the qualifying relationship
• that you and the abuser are currently residing together or have resided together at any time in the past
• the abuse was committed by the U.S. citizen or lawful permanent resident during the qualifying relationship
• good moral character
• If you are a self-petitioning as a spouse, you must also submit evidence showing you entered your marriage in good faith.

If you are a victim of domestic violence but you do not qualify for a VAWA, you may still be eligible for other relief such as U or T visa.

8 C.F.R. 204.2(e)(1)(A)(iv) allows a stepchild of an abusive U.S. citizen or LPR parent to file a I-360 petition under the VAWA provisions. For a stepchild to qualify, their natural parent must have married the abusive stepparent before the child reached the age of eighteen.

VAWA self-petitioners may be able to apply for green card at the same time if their abusive spouse, parent, or child over 21 is a US citizen. If their abusive spouse or parent is a lawful permanent resident, they may have to wait several years before they can file for lawful permanent residence.