1. What are the eligibility requirements for filing a VAWA self-petition?

In order to file a VAWA self-petition, an individual must be an abused spouse, child, or parent of a U.S. citizen or permanent resident, abused by their U.S. citizen or permanent resident spouse, parent, or child. Other eligibility requirements include having been present in the United States at the time of the abuse and having good moral character. An individual must also provide evidence of the abuse in the form of medical or police reports, affidavits from witnesses, or other supporting documents.

2. What evidence do I need to include in a VAWA self-petition?

In order to successfully petition for a VAWA self-petition, you must include evidence to demonstrate that you have been the victim of domestic violence and/or extreme cruelty, that you have a qualifying relationship with the abuser, and that you meet all other eligibility requirements. Evidence can include but is not limited to photographs, medical records, police or court documents, letters from family members or other witnesses, evidence of your abuser’s admission of abuse, and evidence of your good moral character.

3. How do I prove my eligibility for a VAWA self-petition?

In order to prove your eligibility for a VAWA self-petition, you must provide evidence that demonstrates the abuse you experienced. This can include police reports, medical records, court documents, and affidavits from witnesses. You must also provide proof of your relationship to the abuser by submitting birth certificates, marriage certificates, or other legal documents that show the connection.

4. How long does it take to process a VAWA self-petition?

It can take up to six months for a VAWA self-petition to be processed. The time frame can vary depending on the individual case and the particular USCIS district.

5. What is the difference between a VAWA self-petition and an immigrant visa petition based on marriage to a U.S. citizen or lawful permanent resident?

A VAWA self-petition is a form of immigration relief available to certain victims of domestic violence, including those who have been abused by their U.S. citizen or lawful permanent resident spouse or parent. An immigrant visa petition based on marriage to a U.S. citizen or lawful permanent resident is an application for a visa that allows the foreign-born spouse of a U.S. citizen or lawful permanent resident to become a lawful permanent resident. The primary difference between a VAWA self-petition and an immigrant visa petition based on marriage to a U.S. citizen or lawful permanent resident is that the VAWA self-petition does not require the presence of the U.S. citizen or lawful permanent resident spouse or parent in order to be approved, while the immigrant visa petition does.

6. What is the filing fee for a VAWA self-petition?

The filing fee for a VAWA self-petition is $535.

7. When will I receive a decision on my VAWA self-petition?

According to U.S. Citizenship and Immigration Services (USCIS), the processing time for a VAWA self-petition is generally seven months. However, processing times can vary based on the current workload and other factors. To check the status of your petition, you can use the USCIS Case Status online tool or call the USCIS Contact Center at 1-800-375-5283.

8. Can I travel outside the United States if I have filed a VAWA self-petition?

Yes, you may be able to travel outside the United States if you have filed a VAWA self-petition. If your self-petition is approved, you may be eligible for what is known as “advance parole,” which allows certain individuals to return to the US after traveling abroad. To apply for advance parole, you must file Form I-131, Application for Travel Document.

It is important to note that even if you have a valid advance parole document, you may still be denied entry at the US border due to other factors. Therefore, it is important to consult with an immigration attorney before traveling outside the US.

9. Do I need an attorney to file a VAWA self-petition?

No, you do not need an attorney to file a VAWA self-petition. However, if you do decide to seek legal assistance, you should choose an attorney with experience in immigration law.

10. Who can receive lawful permanent resident status through a VAWA self-petition?

Lawful permanent resident status through a VAWA self-petition can be granted to victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse, parent, or child; child victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident parent; victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident former spouse; and victims of battery or extreme cruelty by any other family member, if the abuser is a U.S. citizen or lawful permanent resident.

11. What is the timeline for receiving a green card through a VAWA self-petition?

When a VAWA self-petition is filed, applicants will typically receive a receipt notice from USCIS within a few weeks. This receipt notice will include the date when the application was received and a receipt number that can be used to track the application. After that, applicants can expect to receive a work permit and travel documents within six months or longer, depending on the applicant’s individual case. Once approved, applicants will receive their green cards within one to two years.

12. Can I file more than one VAWA self-petition?

No. You can only file one VAWA self-petition.

13. Does the Violence Against Women Act protect both men and women who are victims of domestic violence?

No. The Violence Against Women Act (VAWA) is a federal law that provides civil and criminal legal protections to female victims of domestic violence. It does not specifically address male victims of domestic violence.

14. How can I obtain a work permit while my VAWA self-petition is pending?

If you are a VAWA self-petitioner, you may be eligible for an employment authorization document (EAD) from U.S. Citizenship and Immigration Services (USCIS). This document will allow you to work legally in the United States while your VAWA self-petition is pending.

To apply for an EAD, you must submit Form I-765, Application for Employment Authorization. You can find instructions on how to apply for an EAD on the USCIS website.

15. Is there any relief available under the Violence Against Women Act if I am in removal proceedings?

Yes, there may be relief available to you under the Violence Against Women Act (VAWA) if your removal proceedings were a result of domestic violence or other crime against you. Under VAWA, victims of certain violent crimes, including domestic violence, stalking and sexual assault, can self-petition for lawful permanent residence in the United States. Additionally, VAWA also allows for victims of certain crimes committed by their citizen or lawful permanent resident spouses or parents to self-petition for lawful permanent residence in the United States. To qualify for VAWA relief, the applicant must demonstrate that they have been the victim of battery or extreme cruelty by their citizen or lawful permanent resident spouse or parent. You can find more information about VAWA and how to apply for it on the US Citizenship and Immigration Services website.

16. What if my abuser is also filing an immigrant visa petition on my behalf?

If your abuser is also filing an immigrant visa petition on your behalf, you may be eligible to apply for a U visa or a VAWA self-petition. The U visa requires that you cooperate with law enforcement in the investigation or prosecution of a criminal activity. The VAWA self-petition does not require law enforcement involvement, and you may self-petition without your abuser’s knowledge. You should speak to an attorney or an organization experienced in immigration law for more information about your options.

17. Is there any assistance available to help me file my VAWA self-petition?

Yes, help is available. You may be able to find assistance from organizations including the National Domestic Violence Hotline, the National Network to End Domestic Violence, and Legal Momentum. Additionally, your local law library or a legal aid organization may be able to provide assistance.

18. If I am granted legal status through a VAWA self-petition, what benefits am I eligible for?

If you are granted legal status through a VAWA self-petition, you may be eligible for various benefits, depending on your individual circumstances. These benefits can include: work authorization, the ability to travel outside of the United States, family-based immigration benefits, and an adjustment of status for permanent residency. Additionally, you may be eligible for various forms of public assistance, including health care coverage, food stamps, housing assistance, and social security benefits.

19. What happens if my petition is approved, but my abuser has already received his/her green card before the approval of my petition?

The abuser will still be able to keep their green card, however they are not allowed to sponsor their own immigrant visa or become a US citizen. Additionally, the abuser cannot receive any immigration benefits from the approved petition.

20. Are there any special benefits or privileges available to people who have been approved for relief under the Violence Against Women Act?

Yes, certain VAWA-approved individuals may be eligible for certain benefits and privileges. These may include:

1. Permanent residence status or a green card
2. Access to U-visas and T-visas, which provide foreign victims of crime, including domestic violence, with temporary protection and the ability to work in the US
3. Access to legal assistance from organizations that specifically serve survivors of violence
4. Immunity from deportation for certain qualified individuals
5. Access to specific public benefits and services for survivors of violence, such as housing assistance, medical care, counseling, and legal services
6. Civil protection orders to keep an abuser away from the victim