1. Who is eligible for a VAWA immigrant visa?
VAWA immigrant visas are available to people who have been victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child. Self-petitioning is allowed for spouses, children, and parents of U.S. citizens or lawful permanent residents who have endured abuse from their U.S.-citizen or lawful permanent resident abuser.
2. What documents are needed to apply for a VAWA immigrant visa?
In order to apply for a VAWA immigrant visa through the U.S. Department of State, you must provide the following documents:
1. Form I-360 – Petition for Amerasian, Widow(er), or Special Immigrant.
2. Evidence of the qualifying relationship between the petitioner and the victim (proof of marriage or cohabitation, for example).
3. Evidence that the abuser was a U.S. citizen or lawful permanent resident (U.S. passport, green card, etc).
4. Evidence that the victim was battered by or suffered extreme cruelty from the abuser (hospital records, police reports, affidavits from witnesses, etc).
5. Passport-style photos of the petitioner and beneficiary.
6. Proof of valid non-immigrant status (e.g., I-94 arrival/departure record, I-797 approval notice).
7. Medical examination results.
3. How can I prove that I am the victim of domestic violence?
The best way to prove that you are a victim of domestic violence is to collect evidence including photos, medical records, police reports, eyewitness testimony, and text messages. Victims may also keep a journal of incidents and provide statements from family or friends who may have witnessed the violence. If you are able to, it is recommended to get a restraining order or seek out other legal protection. You can also reach out to a domestic violence advocate for additional support.
4. What is the process for filing a VAWA immigrant visa application?
The process for filing a VAWA immigrant visa application includes:
1. Gather all necessary documents, such as marriage certificates, divorce decrees, police reports and any other forms of evidence of abuse.
2. Submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with U.S. Citizenship and Immigration Services (USCIS).
3. Obtain an employment authorization card (EAC) from USCIS if eligible.
4. Submit a completed Form DS-156, Nonimmigrant Visa Application and Form DS-158 Contact Information and Work History for Nonimmigrant Visa Applicant to the nearest U.S consulate or embassy.
5. Attend an interview with the U.S consulate or embassy and a medical examination with an approved health care provider.
6. Receive approval from the consulate or embassy and receive a permanent resident card (green card) from USCIS after all requirements have been met.
5. What is the waiver of joint filing requirement for VAWA cases?
The waiver of the joint filing requirement for VAWA cases is a provision that allows certain individuals to self-petition for legal status in the United States without the need for their abuser to sign the petition. This waiver is available to victims of abuse who are spouses, former spouses, children, or parents of U.S. citizens or lawful permanent residents, and who meet certain eligibility criteria.
6. What are the fees associated with a VAWA immigrant visa application?
The fee for the I-360 self-petition is $535. There is an additional fee of $85 for biometrics. These fees must be paid in full when filing the forms. If the applicant is filing the I-485 adjustment of status application, the fee is $1,140 plus $85 for biometrics. If the applicant is filing an I-765 application for work authorization, the fee is $410, plus $85 for biometrics.
7. Can someone else file an immigrant visa application on behalf of a VAWA applicant?
Yes, another person can file an immigrant visa application on behalf of a VAWA applicant. This is known as “proxy filing” and is typically done by an attorney or accredited representative. The VAWA applicant must provide written consent authorizing the proxy filer to act on their behalf.
8. How long does it take to process a VAWA immigrant visa application?
The processing time for a VAWA immigrant visa application can vary depending on the individual applicant’s circumstances. Generally, the process can take several months or longer.
9. What is the process for appealing a denial of a VAWA immigrant visa application?
The process for appealing a denial of a VAWA immigrant visa application depends on the specific circumstances of the case. Generally, applicants will need to file a Form I-290B, Notice of Appeal or Motion, with U.S. Citizenship and Immigration Services (USCIS). The form must be filed within 33 days of the date of the denial notice. The form must include a detailed statement explaining why the applicant believes the decision was incorrect. The USCIS Office of Administrative Appeals (OAA) will review the appeal and render a decision. If the OAA denies the appeal, the applicant may pursue further legal remedies in federal court.
10. Are there any employment authorization benefits associated with a VAWA immigrant visa application?
Yes, there are employment authorization benefits associated with a VAWA immigrant visa application. An approved VAWA self-petitioner may apply for and receive an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). This document authorizes them to work in the United States for a period of up to two years.
11. What is the difference between a VAWA self-petition and an I-360 petition?
A VAWA self-petition is a form of immigration relief available to certain individuals who are victims of domestic violence, battery, and/or extreme cruelty. To qualify, the petitioner must demonstrate that they are or were married to a U.S. citizen or permanent resident, and have suffered abuse at the hands of their partner. The VAWA self-petition is submitted to U.S. Citizenship and Immigration Services (USCIS) and will grant the petitioner legal status in the United States if approved.
An I-360 petition is a form used for special immigrants or religious workers who wish to receive lawful permanent residence in the United States. The petitioner does not have to be a victim of abuse or extreme cruelty, and the petition is filed directly with USCIS.
12. Are there any other benefits available to VAWA applicants besides an immigrant visa?
Yes, in addition to an immigrant visa, VAWA applicants may be eligible for certain public benefits such as work authorization, Social Security benefits, health care, and other forms of assistance.
13. Can I travel outside the United States while my VAWA application is pending?
Yes, in some cases you may be able to travel while your VAWA application is pending. Depending on your individual circumstances, you may be eligible to apply for a travel document known as an Advance Parole. If you have an approved Advance Parole, you may be able to travel outside the United States during the pendency of your VAWA application. However, it is important to note that traveling outside the United States with an Advance Parole document may have a negative impact on your application and should be avoided if possible, unless absolutely necessary. You should speak with an experienced immigration attorney for more information about your individual situation.
14. Are there any special requirements for interviewing a VAWA applicant?
Yes, there are special requirements for interviewing a VAWA applicant. The interviewer must take into account the personal safety of the applicant and provide a safe and non-threatening environment for the interview. Additionally, the interviewer should allow sufficient time to hear the applicant’s story, be patient and empathetic, and explain to the applicant how the immigration process works. The interviewer should also be sensitive to any language or cultural barriers that may exist during the interview and provide interpreters, if necessary.
15. How long does it take to receive a decision on my VAWA applicant visa application?
It typically takes 6-9 months to receive a decision on a VAWA applicant visa application. The exact time frame varies depending on the individual case and can be affected by factors such as the completeness of the application, the number of applications received by USCIS, and the processing times for each office.
16. Are there any additional forms or documents that must be submitted with my VAWA application?
Yes. Depending on the immigration status of the applicant, additional forms such as Form I-360, Form G-28 and Form I-485 may need to be submitted. Additionally, individuals may need to submit evidence of their VAWA eligibility, such as police reports, medical records, or affidavits from credible third parties.
17. Does the U.S government provide any assistance to victims of domestic violence who are seeking an immigrant visa?
Yes, the U.S. government does provide assistance to victims of domestic violence who are seeking an immigrant visa. The Violence Against Women Act (VAWA) provides protection to victims of abuse by allowing them to self-petition for lawful status in the U.S. under certain conditions. Additionally, the U visa program provides temporary legal status to victims of certain criminal activities who have suffered mental or physical abuse and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.
18. Can I appeal an unfavorable decision on my VAWA immigrant visa application?
Yes, an applicant may appeal an unfavorable decision on a VAWA immigrant visa application. The appeal must be filed within 33 days from the date of the denial letter. The appeal must also include clear and convincing evidence that the applicant meets all of the requirements for a VAWA immigrant visa.
19. How will USCIS determine if I am eligible for a U.S immigrant visa under VAWA?
USCIS will review the application to determine if the applicant meets all the eligibility requirements under VAWA, including a showing of abuse by a U.S. citizen or lawful permanent resident (LPR) spouse or parent, residence with or marriage to the abuser, good moral character, and other factors. An immigration officer may also interview the applicant and any witnesses to assess credibility and verify information included in the application.
20. Is there a deadline to file an application for a U.S Immigrant Visa under VAWA?
No, there is no set deadline for filing an application for a U.S Immigrant Visa under VAWA. However, applicants should be aware that delays in filing can result in long processing times and potential delays in receiving their immigrant visa.