1. What is the VAWA (Violence Against Women Act) Immigrant Visa Program?
The Violence Against Women Act (VAWA) Immigrant Visa Program provides lawful permanent resident status to certain battered spouses, children, and parents of U.S. citizens and permanent residents who are victims of domestic violence. This program allows the victims to self-petition for a green card without the help of their abuser. This program also allows certain family members to be eligible for VAWA derivative status, which is a derivative visa that allows them to remain in the U.S. with the principal VAWA self-petitioner.
2. What are the eligibility requirements for VAWA self-petitioners?
The eligibility requirements for VAWA self-petitioners are:
1. The petitioner must be a current or former spouse of a United States citizen or permanent resident who abused them.
2. The petitioner must have resided with the abuser at some point during the marriage.
3. The petitioner must have good moral character and not be inadmissible or deportable due to criminal or security reasons.
4. The petitioner must have suffered extreme cruelty or battery during the marriage or have a child of the marriage who suffered extreme cruelty or battery from the abuser.
5. The petitioner must have entered the United States either legally or illegally before December 21, 2000, and must have been physically present in the United States on December 21, 2000.
6. The petitioner must establish that he or she is a person of good moral character.
3. What type of visa is needed for a VAWA self-petitioner?
A VAWA self-petitioner would need to apply for an I-360 self-petitioner visa. This is a special immigration visa category for people who have been abused by a qualifying family member and wish to self-petition for permanent residence in the United States.
4. What is the process for filing a VAWA self-petition?
The process for filing a VAWA self-petition involves submitting a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant along with supporting evidence to the United States Citizenship and Immigration Services (USCIS). You also need to provide proof that you are eligible for VAWA protection, such as evidence of abuse or a protection order. The application will be reviewed by an immigration officer and you may be asked to provide additional information or attend an interview. If your petition is approved, you will receive a notice from USCIS that you are eligible for permanent residency.
5. Can VAWA self-petitioners file for a permanent residency without the abuser’s knowledge or consent?
Yes, VAWA self-petitioners can file for a permanent residency without the abuser’s knowledge or consent. To do this, they must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to U.S. Citizenship and Immigration Services (USCIS). VAWA self-petitioners must also submit evidence to prove that they were victims of abuse and are eligible for immigration benefits. This includes evidence of a qualifying relationship with the abuser, evidence of abuse, and evidence of good moral character.
6. How long does a VAWA self-petitioner’s Permanent Residency status remain valid?
VAWA self-petitioners are generally granted permanent residency status, which is valid for an indefinite period of time. However, they must maintain their permanent residency status by remaining in the United States for at least half of each calendar year. If they fail to maintain their legal status, they may be subject to deportation.
7. How long does it take to receive a decision on an approved VAWA immigrant visa application?
Once the approved VAWA immigrant visa application is received, it typically takes 3-4 weeks to receive a final decision from U.S. Citizenship and Immigration Services (USCIS).
8. Can a VAWA self-petitioner apply for work authorization after receiving an approved immigrant visa application?
Yes, a VAWA self-petitioner can apply for work authorization after receiving an approved immigrant visa application. Immigrant visa holders are eligible for an Employment Authorization Document (EAD) if they meet certain criteria, such as being eligible for a lawful permanent resident status or having an approved Form I-360 (for self-petitioners). The EAD is available from U.S. Citizenship and Immigration Services (USCIS) and allows the holder to work legally in the United States.
9. What fees are associated with the VAWA Immigrant Visa Program?
The fees associated with the VAWA Immigrant Visa Program include an application fee, biometrics fee, and cost of a medical examination. Additionally, applicants may need to pay filing fees and other costs associated with immigration processing.
10. Does an approved VAWA immigrant visa application guarantee permanent residency status in the United States?
No, an approved VAWA immigrant visa application does not guarantee permanent residency status in the United States. After an approved VAWA immigrant visa application, the applicant must meet all of the requirements of the Immigration and Nationality Act to become a lawful permanent resident of the United States. This includes undergoing a medical examination, providing valid documentation, passing a background check, and being admissible to the U.S.
11. Is it necessary to provide evidence of abuse for approval of a VAWA self-petition?
Yes, it is necessary to provide evidence of abuse for approval of a VAWA self-petition. Such evidence may include police reports, medical records, evidence of threats or coercion, affidavits from third-party witnesses, proof of financial control, and other similar documents.
12. What evidence is acceptable to prove eligibility under the VAWA Immigrant Visa Program?
The acceptable evidence to prove eligibility under the VAWA Immigrant Visa Program includes a police report, court record, medical record, or other evidence of the battery or extreme cruelty committed by the abuser. The evidence must also show that the victim suffered physical or mental abuse because of the abuser’s gender. Additionally, victims must provide proof of their relationship to the abuser, such as marriage certificates or birth certificates of children. The applicant must also provide evidence of their good moral character.
13. Is there a special process for filing a VAWA immigrant visa application if the abuser is deceased?
Yes, if the abuser is deceased, the applicant must include a copy of the death certificate with the immigrant visa application. Additionally, the applicant must provide evidence of the relationship between them and the deceased abuser, such as a marriage or birth certificate.
14. Are there any special benefits available to approved VAWA immigrants?
Yes, approved VAWA immigrants may be able to obtain:
• A work permit
• Protection from being deported
• Access to certain public benefits, such as Medicaid
• The ability to apply for a green card
• A fee waiver for the green card application process
15. Is the applicant’s spouse eligible to obtain residency under the VAWA program?
No, in order to obtain residency under the VAWA program, the applicant must be the victim of abuse committed by his or her U.S. citizen or lawful permanent resident spouse. The spouse is not eligible to obtain residency under the VAWA program.
16. Can a person be denied an immigrant visa under the Violence Against Women Act (VAWA)?
Yes, a person can be denied an immigrant visa under the Violence Against Women Act (VAWA) for any of the following reasons: if they are the abuser of a US citizen or lawful permanent resident spouse, child or parent; if they have used fraud to gain immigration benefits; if they have a criminal history; or if they do not possess the requisite good moral character for admission.
17. Are there any special requirements for children of a VAWA self-petitioner when applying for permanent residency status?
Yes, there are special requirements for children of a VAWA self-petitioner when applying for permanent residency status. Children must be unmarried and under the age of 21 at the time of filing the petition, and must remain unmarried until they become a lawful permanent resident. Additionally, they must have been listed on the original self-petition, meet the same eligibility requirements as their parent, and be able to establish the parent-child relationship.
18. Can an approved VAWA immigrant petition for family members under U.S. immigration law?
Yes, an approved VAWA immigrant can petition for family members under U.S. immigration law. The Violence Against Women Act (VAWA) provides certain benefits for immigrants who have been victims of domestic violence. Under VAWA, an immigrant who has been abused by a U.S. citizen or lawful permanent resident spouse, parent, or child may self-petition for lawful status in the United States. The self-petitioner may also apply for derivative status for the victim’s unmarried children under 21.
19. What rights and privileges does an approved VAWA immigrant receive upon entering the United States?
Once a person is approved for immigration under the Violence Against Women Act (VAWA), they will receive all the benefits and rights of any other lawful permanent resident of the US, including the right to live and work in the US permanently, to travel in and out of the US, to file an application to become a US citizen after a certain period of time, access to public education, access to certain public benefits, such as Medicaid and welfare, and the right to petition for certain immediate family members to join them in the US.
20. Are there any restrictions regarding travel for an approved Violence Against Women Act (VAWA) immigrant visa recipient?
Yes, there are restrictions regarding travel for an approved Violence Against Women Act (VAWA) immigrant visa recipient. The visa holder will be required to wait for their green card to arrive before they can travel outside the U.S. Additionally, they may need to obtain a special travel document in order to re-enter the country.