1. What is the Violence Against Women Act (VAWA)?

The Violence Against Women Act (VAWA) is a federal law enacted in 1994 that seeks to address domestic violence and other forms of gender-based violence. VAWA funds programs that provide services for victims, such as shelters, crisis intervention, legal assistance, and hotlines, as well as training for law enforcement, prosecutors, and judges. VAWA also includes provisions to strengthen criminal justice responses to violence against women and encourages partnerships between community agencies and law enforcement. VAWA was reauthorized in 2000, 2005, 2013, and most recently in 2019.

2. How do I apply for a green card through VAWA?

To apply for a green card through VAWA, you must first file an I-360 form with the U.S. Citizenship and Immigration Services (USCIS). This form must be accompanied by evidence that you meet the eligibility criteria for the VAWA program, such as proof of your marriage to a U.S. citizen or permanent resident, proof of your abused status, copies of police and court records related to the abuse, and any other evidence that may be relevant to your application. After your I-360 form is approved, you can then submit an I-485 form to apply for a green card.

3. How does VAWA protect immigrants who are victims of violence?

VAWA protects immigrants who are victims of violence by allowing them to self-petition for legal status without relying on a U.S. citizen or lawful permanent resident spouse, parent, or child to sponsor them. The Violence Against Women Act also provides protections for victims of domestic violence who are at risk of deportation due to their immigration status. It provides legal assistance, access to emergency shelters and services, and a U-Visa for certain victims of crime. Additionally, VAWA enables victims of domestic violence to self-petition for permanent residence without the cooperation of an abuser.

4. What are the eligibility requirements for a VAWA green card?

To be eligible for a VAWA green card, the applicant must:

-Be the spouse, parent, or child of a U.S. citizen or permanent resident who has been abused by the U.S. citizen or permanent resident

-Have been abused by the U.S. citizen or permanent resident spouse, parent or child

-Have resided with the abuser

-Be a person of good moral character

-Have entered the U.S. legally or qualify for certain waivers of this requirement

-Have lived in the U.S. for at least 3 years prior to filing of the VAWA petition

-Be admissible to the U.S. under the immigration laws

5. What documents are needed to prove eligibility for a VAWA green card?

To prove eligibility for a VAWA green card, an applicant must provide evidence that shows they are a victim of qualifying abuse. This includes:

• Documentation of the abusive relationship, such as police reports, protective orders, medical records, photos, or other evidence of abuse
• Proof of U.S. citizenship or lawful permanent residency of the abuser, such as a birth certificate, naturalization certificate, or green card
• Evidence that the applicant was the battered spouse, child, or parent of the abuser, such as marriage certificates or birth certificates
• Evidence of the good moral character of the applicant
• Documentation to prove that the applicant lived with the abuser

6. What are the filing fees associated with a VAWA green card application?

The filing fees for a VAWA green card application are as follows:

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant: $435.
Form I-485, Application to Register Permanent Residence or Adjust Status: $1,140.
Form I-765, Application for Employment Authorization Document (if applicable): $410.
Form I-131, Application for Travel Document (if applicable): $575.
Biometrics fee (if applicable): $85.

7. How long does it take to get a green card through VAWA?

The timeline for a green card application through VAWA varies depending on the individual case. Generally, it can take up to 5 months or longer from the time the application is submitted for approval.

8. Is there a way to waive the filing fee if I cannot afford to pay for a VAWA application?

Yes, applicants can apply for a fee waiver if they cannot afford to pay the filing fee. To do so, applicants must submit a Fee Waiver Request (Form I-912) along with their VAWA application.

9. Is there any assistance available to help me complete the VAWA application process?

Yes, there are organizations available to help you throughout the VAWA application process, such as the National Immigrant Justice Center and the International Institute of Los Angeles. Additionally, you can contact the U.S. Citizenship and Immigration Services (USCIS) at 1-800-870-3676 for free information and assistance.

10. What is an approved VAWA self-petition?

A VAWA self-petition is an approved application for lawful permanent residence that can be filed by certain abused non-citizen spouses, parents, and children of U.S. citizens or legal permanent residents without the abuser’s knowledge or assistance. VAWA self-petitions are approved by the United States Citizenship and Immigration Services (USCIS).

11. Are there options available for people who are not eligible for a VAWA self-petition?

Yes. There are many different immigration options available for people who are not eligible for a VAWA self-petition. These options include applying for asylum, filing for a U-visa, or applying for a green card through other means such as family-based immigration or employment-based immigration. Additionally, some individuals may be eligible for temporary immigration relief such as Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS).

12. Can I receive employment authorization while my VAWA petition is pending?

If you have filed for VAWA self-petition and need immediate employment authorization, you may file Form I-765, Application for Employment Authorization, as long as a decision has not yet been made on your VAWA petition. You must submit evidence to support your request, such as a copy of your I-360 petition and any other relevant documents. If your VAWA self-petition is approved, you will automatically receive employment authorization.

13. Can I bring my children with me when I apply for a green card through VAWA?

Yes, children of a VAWA self-petitioner are eligible to be included in the VAWA application. The children must meet certain qualifying requirements and should be listed as derivatives on the VAWA application.

14. Is it possible to adjust my immigration status if I am already in the United States?

Yes, it is possible to adjust your immigration status if you are already in the United States. You will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with U.S. Citizenship and Immigration Services (USCIS) and follow the necessary steps in order to adjust your status.

15. How can I get a work permit if I am approved for a VAWA green card?

You may apply for an employment authorization document (EAD) from U.S. Citizenship and Immigration Services (USCIS). The EAD is a document that allows you to work in the United States while your green card application is pending. To apply for an EAD, you should submit USCIS Form I-765 along with the appropriate fee. If you wish to work without the EAD, you may need to obtain a separate work permit or visa, depending on your country of origin and the type of job you plan to do.

16. Are there any special benefits available to immigrants who are approved for a VAWA green card?

Immigrants who are approved for a VAWA green card may be eligible for many of the same benefits as any other lawful permanent resident, such as the ability to work and live in the United States, access to government health and welfare benefits, travel outside the US with a valid passport, and apply for US citizenship after five years of residence. Additionally, they may be eligible for certain public benefits that are available only to those with a VAWA-based green card or status, such as access to domestic violence services and shelters.

17. Does the VAWA green card allow me to travel outside the United States?

Yes, the VAWA green card allows you to travel outside the United States. However, if you plan to stay outside the US for more than six months, you must obtain a special travel document called “Advance Parole” from the U.S Citizenship and Immigration Services (USCIS).

18. Are there any restrictions on where I can live once I receive my green card through VAWA?

No, there are no restrictions on where you can live once you receive your green card through VAWA. You could choose to live anywhere you want in the United States.

19. Is there any way to speed up the processing of my VAWA case?

Unfortunately, no. U.S. Citizenship and Immigration Services (USCIS) does not provide an expedited processing service for VAWA applications. However, you can contact USCIS to check the status of your application and inquire about any potential delays.

20. Who can I contact if I have questions about my application or need additional help with the process?

If you have any questions or need additional help, please contact our Admissions Office at 617-353-3300 or email us at [email protected].