Green Card Options for Victims of Domestic Violence (VAWA Self-Petitioners)

1. What is the VAWA self-petition process?


The VAWA self-petition process is a process by which an abused noncitizen spouse or child of a US citizen or Legal Permanent Resident (LPR) can apply for lawful permanent residence (green card) without the abuser’s knowledge or involvement. It is a private application process and allows the applicant to keep their immigration status confidential. The VAWA self-petition process was created to help victims of domestic violence and abuse gain independence and protection from their abusers. The applicant must provide evidence of being a victim of abuse as well as proof of a valid marriage or parent-child relationship.

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


In order to prove eligibility for the VAWA self-petition green card, you will need to provide evidence that you are a victim of domestic violence or related crimes, as well as evidence of your relationship with the abuser. Your evidence must include official documents such as police reports, court orders, medical records, and other forms of proof. You should also include any evidence of your U.S. lawful status, such as copies of your passport or visa. Finally, you must provide evidence that your abuser is or was a U.S. citizen or lawful permanent resident. This could include copies of birth certificates, marriage certificates, naturalization certificates, or other documents.

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


In order to submit a VAWA self-petition, you will need to provide certain documents that prove your eligibility. This includes proof of the abusive relationship, such as police reports, medical records, photographs, and any other documents that can demonstrate the abuse. You will also need proof of your current or past marriage (such as a marriage certificate) and evidence of your current immigration status (such as an I-94 form). Finally, you must provide evidence of good moral character (such as letters of recommendation).

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


A self-petition is when an individual applies for a visa or green card without the help of a sponsor. An I-360 petition is when an individual applies for a green card through the special immigrant visa program. The I-360 petition requires a sponsor who has to be either a qualified relative or a qualified employer.

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


Yes, you can. If your self-petition is approved, you may be eligible to adjust your status to that of a lawful permanent resident (green card holder). To do this, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

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


Yes, you can include your children on your VAWA self-petition. Generally, children of the self-petitioner who are under the age of 21 at the time of filing are eligible to be included on the self-petition.

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


The amount of time it will take to process your VAWA self-petition will depend on the current backlogs at USCIS, as well as the individual circumstances of your case. Generally speaking, processing times tend to range from 6 to 12 months.

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


If your VAWA self-petition is denied, you will receive a notice from USCIS informing you of the reasons for the denial. You may be able to appeal the decision, but may need to consult an attorney for assistance in doing so.

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


It is difficult to predict exactly what a particular abuser may do if they discover that you filed a VAWA self-petition. It is important to remember that all forms of violence and abuse are illegal and you should take steps to ensure your safety, which may include involving law enforcement. Additionally, there are legal services available to help those who have filed a VAWA self-petition, including access to counseling, legal advice, and other support services.

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 can travel outside of the U.S. However, it is important to note that the person must have a valid passport from their home country in order to re-enter the U.S., as well as a valid visa or advance parole document.

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


If your self-petition for a green card is approved, you will be granted lawful permanent residence and all of the rights that come along with it, including the right to live and work permanently in the United States and the right to receive certain public benefits from the government. You will also be eligible to apply for U.S. citizenship after five years.

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


VAWA self-petitioners may apply for employment authorization by filing Form I-765, Application for Employment Authorization, with USCIS. The application must be accompanied by a copy of the approved I-360 and proof of a valid nonimmigrant status, such as an unexpired visa or I-94.

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


No. DHS will not tell the abuser that a self-petition has been filed.

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


Yes. There is no set deadline for filing a VAWA self-petition, but the Immigration and Nationality Act (INA) generally requires that you file the petition within two years of the abuse. If you have experienced domestic violence, you should consult an experienced immigration attorney to make sure that your petition is filed within the applicable time frame.

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 and later get divorced from your abuser, the green card will not be revoked. However, it will be important for you to be aware of the conditions and requirements of having a green card, which may include continued residence in the United States and maintenance of a valid immigrant status. Additionally, it will be important for you to understand how your divorce may affect your status in the United States. For example, if you obtained conditional permanent resident status through marriage to the abuser, then it may be necessary for you to apply to remove the conditions of your residence in order to retain your permanent residency status. It is recommended that you consult with an attorney to discuss your specific situation.

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


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

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


You can call the National Domestic Violence Hotline at 1-800-799-7233 for help with your VAWA self-petition application. The hotline is available 24/7 to provide confidential support and resources. Additionally, you can find local pro bono assistance through the American Immigration Lawyers Association (AILA).

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


Yes, there are a number of benefits that come with obtaining permanent residence status through the VAWA self-petition process. These include the ability to apply for a green card and work authorization, access to public benefits such as Medicaid and food stamps, and access to certain immigration benefits such as the U-Visa and T-Visa. Additionally, self-petitioners who receive permanent residence status are protected from deportation or removal proceedings.

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. However, depending on the individual circumstances of each case, obtaining permanent residence status through the VAWA self-petition process may affect the ability to apply for other immigration benefits. It is important to consult with an experienced immigration attorney for advice on your specific case.

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


Yes, you may apply for naturalization after obtaining permanent residence status through the VAWA self-petition process. To be eligible to apply for naturalization, you must have been a permanent resident for at least five years and meet all other eligibility requirements.