1. What visa options are available to victims of abuse through the Violence Against Women Act (VAWA)?

Under VAWA, victims of abuse may be eligible for immigration relief in the form of a self-petitioned visa (I-360 Visa) or a U-visa. A self-petitioned visa (I-360 Visa) is available to individuals who have been subjected to abuse by a United States citizen or lawful permanent resident spouse or parent. The self-petitioned visa entitles the individual to apply for legal status in the United States and protection from deportation.

The U-visa is available to victims of certain violent criminal activities, including domestic violence, sexual assault, and other crimes. The U-visa can be granted to victims who have suffered substantial physical or mental abuse and are willing to assist in the criminal prosecution of the perpetrator. The U-visa can also provide protection from deportation and a pathway to permanent residency and citizenship.

2. What is a self-petitioning process for victims of abuse under VAWA?

A self-petitioning process for victims of abuse under VAWA (Violence Against Women Act) allows victims to petition for legal status in the United States through a USCIS form, I-360. This process is available to victims of abuse by their U.S. citizen or lawful permanent resident spouse or parent, as well as victims of other qualifying criminal activities, such as human trafficking or female genital mutilation. Eligibility requirements include having suffered battery or extreme cruelty at the hands of the abuser, having been a spouse or child of the abuser, and having been married to the abuser.

3. What evidence must be provided to support a VAWA self-petition?

To support a VAWA self-petition, the applicant must provide evidence showing that he or she is a qualifying family member of a U.S. citizen or permanent resident, suffered abuse from the qualifying family member, and has good moral character. This may include personal statements, police and court records, medical records, evidence of abuse suffered by the petitioner, and sworn affidavits from individuals who have knowledge of the abuse.

4. How long does it take to process a VAWA self-petition?

A VAWA self-petition typically takes between 6 and 9 months to process. The exact timeline depends on the caseload and backlog of the USCIS office that is handling the petition.

5. Are there any special restrictions or limitations on VAWA self-petitions?

Yes, there are special restrictions and limitations on VAWA self-petitions. The applicant must meet certain eligibility criteria, which include being a victim of battery or extreme cruelty perpetrated by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or adult child. Additionally, the applicant must have entered the U.S. with the appropriate documentation, resided with the abuser, and maintained good moral character since entering the U.S. or obtaining the status of LPR.

6. What is the eligibility criteria for a self-petitioner under VAWA?

The eligibility criteria for a self-petitioner under VAWA include:

1. You are the spouse, child, or parent of a U.S. citizen or lawful permanent resident (LPR).

2. You have been abused by your qualifying family member (spouse, parent, or child).

3. You have good moral character.

4. You meet certain residency requirements (such as having lived in the U.S. for at least 3 years).

5. You are admissible to the United States or if not admissible, you can get a waiver of inadmissibility.

7. What are the benefits to being granted a VAWA self-petition?

The benefits of being granted a VAWA self-petition include: the ability to apply for legal permanent residence (a green card); work authorization; protection from deportation; and access to public benefits such as Medicaid, Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF). Additionally, applicants are eligible for U-visas, which provide legal status and protection from deportation for victims of certain crimes.

8. How do I apply for legal permanent residency through a VAWA self-petition?

To apply for legal permanent residency through a VAWA self-petition, you must first collect the necessary documents and forms. These include your application to adjust status, Form I-485, a copy of the petition form, Form I-360, evidence of your identity and your relationship to the abuser, evidence of qualifying abuse, and supporting documents such as police reports or medical records. Additionally, you must provide a fee and biometric services fee. Once you have assembled all the required documents, you must submit the forms to U.S. Citizenship and Immigration Services (USCIS). After your application is approved, you can then apply for a green card.

9. What documents must I submit when filing a VAWA self-petition?

When filing a VAWA self-petition, you must submit proof of the following:

1. Your identity.
2. Your relationship to the abuser.
3. Good moral character.
4. The abuse you suffered.
5. That you have suffered extreme hardship, if applicable.

10. If my VAWA self-petition is approved, will I be allowed to stay in the U.S.?

Yes, if your VAWA self-petition is approved you will be allowed to stay in the U.S. You will be granted lawful permanent resident status (a green card) and will be able to work and travel legally in the United States.

11. Is there any special assistance available to victims of abuse filing a VAWA self-petition?

Yes, victims of abuse filing a VAWA self-petition may be eligible for special assistance from the U.S. Citizenship and Immigration Services (USCIS) such as fee waivers, referrals to local organizations that provide support to victims of abuse, and access to free legal services if they are unable to afford an attorney.

12. Are there any other visa options available to victims of abuse besides VAWA?

Yes, victims of abuse may be eligible for other types of visas, such as U visas for victims of certain crimes, T visas for victims of human trafficking, and S visas for those who may be able to provide important information to law enforcement. Additionally, victims of abuse may be eligible for asylum or refugee protection. Each of these visa types requires specific eligibility criteria and must be applied for separately.

13. Will my family members be eligible for a visa if my VAWA petition is approved?

Yes. If you are granted VAWA status, your family members may be eligible to receive derivative VAWA status, which would allow them to apply for a visa.

14. Does an approved VAWA petition give me access to public benefits or work authorization?

No. An approved VAWA petition does not provide access to public benefits or work authorization. However, if you qualify for another immigration benefit such as asylum, you may be able to get access to public benefits and/or work authorization.

15. Can I travel outside of the U.S. if I have filed a VAWA self-petition?

Yes, you can travel outside of the United States if you have filed a VAWA self-petition. However, you should be aware of the risks associated with international travel. If you are uncertain of your immigration status, it is best to speak with an immigration attorney before traveling. Keep in mind that traveling abroad may negatively impact your ability to adjust your status and obtain lawful permanent residency in the U.S.

16. Can I qualify for a work visa through VAWA?

No, a work visa is not available for VAWA applicants. However, you may be eligible for other immigration benefits such as a green card or other forms of relief. Please consult an immigration attorney or accredited representative for more information on the specific immigration benefits you may be eligible for.

17. How does my immigration status affect my ability to receive assistance under VAWA?

Your immigration status does not affect your ability to receive assistance under the VAWA. The VAWA provides various forms of assistance and services to survivors of domestic violence, regardless of their immigration status. You can seek assistance from shelters, court-based services, counseling services, and other support services available in your community. Additionally, you may be eligible to apply for a U-Visa or Violence Against Women Act (VAWA) Self-Petition. Each situation is unique, and you should consult with an experienced immigration attorney to determine if any of these options may be available to you.

18. What if my abuser is also an immigrant and is inadmissible or deportable?

If your abuser is an immigrant, you may be able to seek relief on their behalf in order to protect yourself from further abuse or violence. Depending on the circumstances, the abuser may be eligible for a waiver of inadmissibility or deportation. For more information, contact an experienced immigration attorney.

19. Are there any additional resources available for victims of abuse applying for a visa through VAWA?

Yes. The National Domestic Violence Hotline provides free, confidential resources for victims of abuse and their family members, including assistance with filing for a visa through VAWA. Additionally, the U.S. Citizenship and Immigration Services (USCIS) offers a resource center dedicated to VAWA self-petitioners, where victims can find helpful information and guidance on the process.

20. If I am granted a visa through the VAWA, can I receive help in becoming a U.S. citizen?

Yes, applicants who are granted a VAWA visa can apply for permanent residency (green card) and then ultimately for U.S. citizenship. They do not have to wait the typically required five years of residency to apply for citizenship.