1. What is the VAWA Self-Petition process?
The VAWA Self-Petition process is a form of relief for certain spouses, children, and parents of U.S. citizens or permanent residents who have been victims of domestic violence. The petition allows these individuals to obtain lawful immigration status without the abuser’s knowledge or involvement. The petition also allows the victim to remain in the United States without fear of being removed or deported, and to work and travel lawfully in the United States.
2. What are the eligibility requirements for VAWA Self-Petitioners?
The eligibility requirements for VAWA self-petitioners are as follows:
1. The self-petitioner must have experienced battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child, and must be or have been married to the abuser.
2. The self-petitioner must have resided with the abuser in the U.S. at some point during the marriage or during the period of battery or extreme cruelty.
3. The self-petitioner must demonstrate good moral character (absence of certain criminal convictions) and meet other general requirements for admission to the U.S. as an immigrant.
4. The self-petitioner must demonstrate that his or her removal from the U.S. would result in extreme hardship to him/herself or his/her child(ren).
3. How long does the VAWA Self-Petition process take?
The VAWA self-petition process can take anywhere from 6 to 12 months to complete, depending on the individual’s situation. This includes the time it takes to complete the application, submit evidence, attend interviews, and receive a decision.
4. What documents are required to file a VAWA Self-Petition?
In order to file a VAWA Self-Petition, the petitioner must submit Form I-360, along with supporting documents that prove the relationship to the abuser and evidence that the petitioner meets the requirements to be considered an abused spouse, parent, or child. Supporting documents may include copies of marriage/birth certificates, police reports, medical records, or other documents as needed to prove the abuse.
5. What happens after a VAWA Self-Petition is approved?
Once a VAWA Self-Petition is approved, the applicant will be granted conditional permanent resident status. The applicant must submit an application to remove the conditions on their status within 90 days before the two-year anniversary of their approval date. Upon approval of this application, the applicant will receive permanent resident status.
6. Who is eligible to receive an immigrant visa under VAWA?
Under the Violence Against Women Act (VAWA), individuals who are victims of qualifying abuse by a U.S. citizen or legal permanent resident spouse, parent, or child may be eligible to apply for an immigrant visa. The applicant must prove that they were subjected to battery or extreme cruelty, have good moral character, and the qualifying relationship.
7. Are there any restrictions on who can receive a VAWA immigrant visa?
Yes, there are age, relationship and time restrictions when it comes to receiving a VAWA immigrant visa. Specifically, the applicant must be: (1) age 21 or older and the spouse, parent or child of a U.S. citizen or Lawful Permanent Resident (LPR); (2) the victim of “battery or extreme cruelty” by the U.S. citizen or LPR spouse, parent or adult child; and (3) have physical or mental abuse suffered within two years of filing the visa petition. Additionally, applicants must show that they have family ties to the U.S. citizen or LPR family member, and must not have any criminal convictions.
8. How long does the immigrant visa process take after a VAWA Self-Petition is approved?
The processing time for a VAWA Self-Petition is typically 6-8 months from the time the petition is approved. However, processing times can vary depending on the availability of resources and the backlog of cases at the US Citizenship and Immigration Services (USCIS). It is also important to note that applicants may experience additional delays due to COVID-19.
9. What are the residency requirements for VAWA Self-Petitioners and their family members?
VAWA self-petitioners and their family members may be eligible for permanent resident status if they have been physically present in the United States for at least 3 years preceding the filing of the petition, and have maintained continuous physical presence in the United States. They must also be of good moral character, not inadmissible under certain sections of immigration law, and have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent.
10. Is there a waiver of the public charge requirement for VAWA applicants?
Yes, there is a waiver of the public charge requirement for VAWA applicants. The applicant must demonstrate that the denial of the waiver would result in extreme hardship to the self-petitioner or the self-petitioner’s qualifying relative.
11. How are the fees for filing a VAWA Self-Petition calculated?
Self-petitioners filing for relief under the Violence Against Women Act (VAWA) are not required to pay filing fees or biometric fees. However, if the self-petitioner wishes to apply for employment authorization, they must pay an $410 fee.
12. What if I am unable to pay the filing fee for my VAWA Self-Petition?
If you are unable to pay the filing fee for your VAWA self-petition, you may request a fee waiver from USCIS. You must fill out Form I-912 and submit it with your VAWA petition.
13. How do I check on the status of my VAWA Self-Petition?
You can check the status of your VAWA Self-Petition by filing an inquiry using the online e-Request tool, by calling the USCIS Contact Center at 1-800-375-5283, or by visiting your local USCIS field office.
14. Can I travel outside of the United States while my VAWA self-petition is pending?
No. You may not travel outside of the United States while your VAWA self-petition is pending. If you do, your case may be denied.
15. Are there any benefits or protections available to me while my VAWA self-petition is pending?
Yes. If your VAWA self-petition is pending, you may be eligible for benefits and protections from the U.S. Citizenship and Immigration Services (USCIS) or other government agencies. USCIS may grant you work authorization, allow you to travel outside the U.S., protect you from removal, and provide assistance to you while your application is pending. Additionally, some states offer certain protections to victims of domestic violence, such as access to public benefits, temporary restraining orders, and other forms of relief.
16. Will filing a VAWA self-petition affect my current immigration status or application?
No, filing a VAWA self-petition does not affect your current immigration status or application. However, the self-petition can be used to obtain certain immigration benefits such as adjustment of status, cancellation of removal or protection from deportation.
17. Can my children receive an immigrant visa under VAWA?
Yes, U.S. citizen children and unmarried sons and daughters of VAWA self-petitioners can receive an immigrant visa under VAWA.
18. Are there any special considerations for same-sex couples filing for an immigrant visa under VAWA?
Yes. Same-sex couples may be eligible for immigration benefits under VAWA if they are married and have a qualifying relationship with a person of the opposite sex who meets the VAWA eligibility requirements. In addition, individuals in same-sex relationships may self-petition under VAWA if they meet the other eligibility criteria.
19. Can I have an attorney represent me in my VAWA immigration case?
Yes, you have the right to hire an attorney to represent you in your VAWA immigration case. An attorney can provide advice and assistance in gathering evidence and filling out forms related to the case. Additionally, an immigration attorney can help file an application for a green card and represent you in court if necessary.
20. Are there any special rules or considerations for victims of extreme cruelty or victims of trafficking in persons when they file for an immigrant visa under VAWA?
Yes. Victims of extreme cruelty or victims of trafficking in persons who file for an immigrant visa under VAWA may be eligible for derivative status, which allows their children and/or spouses to also file a VAWA petition. Additionally, victims of trafficking in persons who are present in the U.S. are not required to have been physically present in the U.S. for a certain period of time before they can apply for a visa. Additionally, victims of trafficking in persons and extreme cruelty may be able to apply for waivers of inadmissibility that are not available to other applicants.