1. What is the VAWA self-petition process?

The VAWA self-petition process allows immigrants who have been victims of domestic violence to file a petition for immigration relief without the support of the abuser. VAWA stands for the Violence Against Women Act, which is a law that was passed in 1994 to protect victims of domestic violence and provide them with certain immigration benefits. Through the VAWA self-petition process, victims of domestic violence can petition for legal permanent residency (a green card) without the knowledge or consent of their abuser. The process also provides certain social services and protections to those who file a petition.

2. How do I prove my eligibility for the VAWA self-petition green card?

To prove your eligibility for the VAWA self-petition green card, you will need to provide evidence that you were the victim of abuse or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR). Specifically, you will need to provide documents that demonstrate:

• That you were married to the abuser;

• That your marriage was legitimate;

• That you suffered abuse or extreme cruelty; and

• That you have good moral character.

Examples of documents that can help demonstrate these facts include: police reports, hospital or medical records, court documents, psychological evaluations, affidavits from third parties, and other types of evidence.

3. What documents will I need to submit in a VAWA self-petition?

When filing a VAWA self-petition, you will need to submit documentation that proves your claim of abuse, such as police reports, medical records, OR sworn affidavits from people who are familiar with the abuse. Additionally, proof of the abuser’s U.S. citizenship or lawful permanent resident status is also required. Other documentation you may need to provide include evidence of the relationship between the abuser and yourself, evidence of good moral character, and evidence that you have been residing in the United States for at least three years prior to filing the petition.

4. What is the difference between a self-petition and an I-360 petition?

A self-petition is when an individual files their own petition, typically for a family-based visa or green card. An I-360 petition, on the other hand, is a petition filed on behalf of an individual by another person, such as an employer or family member. An I-360 petition can be used for family-based visas or green cards, special immigrants, religious workers, battered spouses and children, and victims of human trafficking and certain crimes.

5. Can I receive permanent residence status if I am approved for the VAWA self-petition?

Yes, you may receive permanent residence (also known as a Green Card) if you are approved for a VAWA self-petition.

6. Can I include my children on my VAWA self-petition?

Yes, under VAWA you may include your children on your self-petition. To be eligible, the children must be unmarried and under 21 years of age.

7. How long will it take to process my VAWA self-petition?

The processing time for a VAWA self-petition depends on the individual case. Generally, it can take anywhere from 6 to 12 months for USCIS to complete its review.

8. What happens if my VAWA self-petition is denied?

If your VAWA self-petition is denied, you may appeal the decision to the Board of Immigration Appeals (BIA). You can file an appeal within 30 days of receiving the notice of the denial. You may need to hire an immigration attorney to help you with the appeal process.

9. What happens if the abuser discovers that I have filed a VAWA self-petition?

It depends on the situation and the abuser’s response. Generally speaking, it is important to remember that anyone who threatens or tries to harm you in any way may be violating the law and should be reported to the police. You may also want to consider seeking a restraining order, which can provide additional legal protection. Additionally, it is important to consider safety planning if you are worried about the abuser’s reaction.

10. Can a person who has been granted a “green card” through the VAWA self-petition process travel outside of the U.S.?

Yes, a person who has been granted a green card through the VAWA self-petition process may travel outside of the United States, provided that they have a valid passport, valid visa, and valid travel documents. However, the VAWA self-petitioner must obtain a travel document prior to departing the United States.

11. What rights do I have if I am granted a green card through the VAWA self-petition process?

If you are granted a green card through the VAWA self-petition process, you will have all the same rights as any other lawful permanent resident, including the right to live and work permanently in the United States. You may also be eligible for certain benefits, such as Social Security and Medicare. Additionally, after a certain period of time, you may be eligible to become a U.S. citizen.

12. How can I obtain employment authorization as a VAWA self-petitioner?

VAWA self-petitioners may be eligible to apply for employment authorization. To apply, you must complete Form I-765, Application for Employment Authorization, and attach the following documents:

• A copy of your Form I-360;

• Evidence of your identity;

• Two recent passport-style photographs; and

• The filing fee of $410.

In addition, you will need to submit evidence that you meet the eligibility requirements for employment authorization, such as evidence of your VAWA self-petitioner status, relationship to the abuser, and how long you have been in the United States.

13. Will my abuser be notified that I have filed a VAWA self-petition?

No, your abuser will not be notified that you have filed a VAWA self-petition. Your abuser will only be notified if they are listed as a joint petitioner on your application.

14. Is there a deadline for filing a VAWA self-petition?

No, there is no deadline for filing a VAWA self-petition. However, it is important to note that VAWA self-petitions must be filed within two years of the abuse occurring, or two years of the abuser’s last act of abuse. Additionally, if the abuse occurred more than two years ago, the petitioner must show that “extraordinary circumstances” prevented them from filing earlier.

15. What happens if I am granted a “green card” through the VAWA self-petition and later get divorced from my abuser?

If you are granted a green card through the VAWA self-petition, the abusive spouse’s relationship to you does not affect the validity of your green card. However, if you are divorced from your abuser before obtaining lawful permanent resident status (LPR), you will likely need to file a new petition. You must be able to demonstrate that you continue to meet all of the eligibility requirements for a VAWA self-petition.

16. Is there a fee for filing a VAWA self-petition?

No, there is no filing fee for a VAWA self-petition.

17. How can I get help with my VAWA self-petition application?

If you need help with your VAWA self-petition application, you can seek assistance from an experienced immigration attorney or a trained advocate. There are also a number of organizations that provide free or low-cost legal assistance to survivors of domestic violence. Visit the National Immigration Project’s website to search for a legal services provider near you.

18. Are there any special benefits that come with obtaining permanent residence status through the VAWA self-petition process?

Yes. If your VAWA self-petition is approved, you may be eligible for certain benefits that are not available to other permanent residents. These may include: access to public benefits, the ability to travel with a U.S. passport, and eligibility for certain employment-based visas. Additionally, if you are a family member of a U.S. citizen or permanent resident, your relationship may allow you to file for permanent residence status even if you do not qualify for VAWA self-petitioning.

19. Are there any legal restrictions on whom I can marry after obtaining permanent residence status through the VAWA self-petition process?

No, there are no legal restrictions on whom you can marry after obtaining permanent residence status through the VAWA self-petition process. You are free to choose a partner of any gender or nationality. It is important to remember, however, that any marriage entered into for the purpose of avoiding immigration laws is considered a fraud and may result in the loss of your permanent resident status.

20. Can I apply for naturalization after obtaining permanent residence status through the VAWA self-petition process?

Yes. If you are eligible, you may apply for naturalization after obtaining permanent residence status through the VAWA self-petition process. The same general eligibility requirements for naturalization apply.