In most cases, to obtain a VAWA green card, a United States citizen or legal resident will file a petition on behalf of their spouse or child. However, there are extraordinary circumstances in which the abused spouse or child can apply on their own, including situations involving domestic violence.
Congress passed the Violence Against Women Act (VAWA) in 1994 which includes a provision that allows a battered spouse or child to submit a VAWA self-petition for a lawful permanent resident status without the abuser’s knowledge.
Eligibility for VAWA Petitions
Under the VAWA, a spouse, child, or parent of United States citizens or lawful permanent residents may be eligible to file a petition. Although the governing regulation is called the Violence Against Women Act, the rule applies to both women and men.
Depending on the abusive relationship with the permanent resident spouse or parent, the criteria may vary slightly, but they all have some factors in common:
- The petitioner has suffered from domestic violence; this can include physical abuse, but also patterns of emotional abuse, verbal abuse, controlling behavior, sexual assault, and extreme cruelty
- The petitioner has resided with the abuser
- The petitioner is a person of good moral character
A child may file on their own behalf if they are aged 21 or under, or if they are between the ages of 21 and 25 and can demonstrate that the abuse was the reason for their delayed application. A spouse may also file if they have a child under 21 who was the victim of abuse.
How to File a VAWA Self-Petition
To file a VAWA self-petition, the petitioner must fill out and submit Form I-360 to the United States Citizenship and Immigration Services (USCIS). In addition to the completed form, supporting evidence must be provided to prove eligibility for a VAWA petition.
This evidence can include:
- Police reports or court records documenting incidents of domestic violence
- Affidavits from witnesses attesting to the abuse
- Medical records indicating injuries sustained from abuse
- Counseling or therapy records showing treatment for trauma caused by abuse
In some VAWA cases, waivers may be available for certain requirements such as residing with the abuser or good moral character. An experienced Philadelphia VAWA lawyer can guide petitioners through the process and provide legal assistance to gather the necessary evidence to support their case.
Benefits of a VAWA Petition
If a VAWA self-petition is approved, the petitioner will be eligible for several immigration benefits, including:
- Authorization to live and work in the United States while waiting for an immigrant visa or adjustment of immigration status
- Eligibility for employment authorization
- Protection from deportation during the immigration process
- Access to certain public benefits such as healthcare and education
In addition, if the abuser is a U.S. citizen or a lawful permanent resident, they may lose their ability to sponsor family members for immigration purposes in the future.
About the VAWA Self-Petition Process
There is no limit on how long the USCIS can deliberate over a person’s VAWA petition. It is a complicated application process, and in some cases, it may take years. Fortunately, the government has put protections in place for VAWA applicants including:
- The right to work while waiting for approval
- Thorough confidentiality of the petition and any information related to it, including any reports or files from law enforcement agencies.
Domestic violence is a serious issue, and it can be especially difficult for immigrants who may feel trapped in their abusive relationships. With the help of an experienced VAWA immigration lawyer, they can take advantage of the VAWA protections to secure legal permanent resident status in the United States. If you or someone you know is suffering from domestic abuse and needs assistance with an immigrant visa application, contact a VAWA immigration attorney today.
Philadelphia VAWA Immigration Lawyers at MC Law Group, LLC Advocate for Non-Resident Abuse Victims
Victims of domestic abuse may feel trapped by their immigration status, but they do have resources under immigration law to change their residency status and end their dependence on an abusive relative. The VAWA lawyers at MC Law Group, LLC have the knowledge and experience to handle all types of immigration petitions, including those involving domestic abuse. We are committed to making the process as smooth as possible while protecting your rights.
With offices conveniently located in Philadelphia, we help battered spouses and unmarried children throughout Pennsylvania, New Jersey, and across the country. Call us today at 215-496-0690 or contact us online for a free consultation.
