Visa Options for Victims of Domestic Violence (VAWA)

1. What visa options are available to victims of domestic violence through the Violence Against Women Act (VAWA)?


The Violence Against Women Act (VAWA) provides two different visa options for victims of domestic violence. Those who are present in the United States can file for a self-petition for lawful permanent residence, commonly known as a “green card.” This petition does not require the person to have any lawful status in the U.S., and can be filed without the abuser’s knowledge or consent. The other option is known as a U-Visa, which provides legal status to victims of a certain criminal activity, including domestic violence. This visa is available to those individuals present in the United States without lawful immigration status who have suffered substantial physical or mental abuse due to domestic violence.

2. How do I apply for a visa under VAWA?


You should contact the United States Citizenship and Immigration Services (USCIS) to apply for a visa under VAWA. To apply for VAWA, you’ll need to complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. For more information about the application process and the necessary forms, visit the USCIS website.

3. What evidence do I need to provide to apply for a VAWA visa?


To apply for a VAWA visa, you must provide evidence that you are or were a victim of battery or extreme cruelty by your U.S. citizen or lawful permanent resident spouse, parent, or child. This evidence may include police reports, medical records, court documents, affidavits from witnesses, pictures of injuries, and any other evidence that proves you are a victim of abuse.

4. How long does it take to process a VAWA visa application?


The processing time for a VAWA visa application will vary depending on the type of visa being applied for and the particular circumstances of the applicant. Generally, most VAWA visas can take anywhere from 6 months to a year to process. However, the exact processing time may be longer or shorter depending on the individual’s circumstances.

5. What are the eligibility requirements for a VAWA visa?


To be eligible for a VAWA visa, applicants must meet certain criteria. They must:

1. Be the spouse, child, or parent of a U.S. citizen or permanent resident who has been a victim of battery or extreme cruelty;

2. Have resided with the abuser;

3. Have good moral character; and

4. Meet the other requirements for a green card, such as having a valid passport and being admissible to the United States.

6. Can I renew my VAWA visa?


Yes, you can renew your VAWA visa. You must apply for renewal between 120 and 90 days before your current visa expires. You will need to provide the same documents that you submitted with your initial VAWA application.

7. Are there any special privileges or rights that come with a VAWA visa?


Yes, a VAWA visa does grant certain privileges and rights, including work authorization and protection from deportation. Additionally, individuals with a VAWA visa can apply for lawful permanent residency (a green card) after three years of continuous residence in the United States.

8. What kind of jobs can I pursue with a VAWA visa?


A VAWA visa is a self-petitioning visa for victims of domestic violence. With a VAWA visa, you can pursue any type of job that is available to U.S. citizens and non-citizens alike, such as jobs in the medical, hospitality, retail, and technology industries. However, you may not be able to work in certain jobs that require U.S. citizenship or special security clearances.

9. How long can I stay in the United States with a VAWA visa?


A VAWA visa allows a person to stay in the United States indefinitely, as long as they remain eligible and follow all the conditions and requirements associated with their visa.

10. Are there any restrictions on my ability to travel with a VAWA visa?


Yes. Your visa will be valid for only two years, and you must apply to the U.S. Citizenship and Immigration Services (USCIS) to have your visa extended prior to the expiration date. Additionally, if you leave the United States, you may not be permitted to re-enter under this visa if you have been away for more than 180 days.

11. Can I study in the United States with a VAWA visa?


Yes, you can study in the United States with a VAWA visa. The VAWA visa, or U-visa, is a non-immigrant visa for victims of certain crimes, including domestic violence and human trafficking. With a VAWA visa, you are eligible to apply for a student visa to pursue an educational program in the United States.

12. Are there any benefits associated with a VAWA visa, such as access to health care or public assistance programs?


Yes. VAWA visa holders may be eligible for certain public assistance programs, such as Medicaid, Supplemental Security Income, and Temporary Assistance for Needy Families. Additionally, VAWA visa holders can access health care services through the Health Resources and Services Administration (HRSA) and other federally funded health care programs.

13. What is the cost of applying for a VAWA visa?


The filing fee to apply for a VAWA visa is $405. This includes the filing fee for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with any applicable biometric services fees.

14. Are there any special requirements for applicants from certain countries?


It depends on the country. Some countries may require additional documentation or paperwork for visa applications. It is best to contact the relevant embassy or consulate for up-to-date information.

15. Can I bring my children with me when I come to the United States on a VAWA visa?


Yes, children who are unmarried and under 21 can accompany you when you come to the United States on a VAWA visa.

16. Can I apply for permanent resident status after obtaining a VAWA visa?


Yes, if you meet all of the other requirements, you can apply for permanent resident status after obtaining a VAWA visa. To be eligible to apply for permanent resident status, you must have entered the United States with a valid VAWA visa and have been physically present in the United States for three years since the date of entry. Additionally, you must remain married to or maintain your relationship with the qualifying relative and meet all other eligibility requirements.

17. How can I find an attorney or other assistance to help me apply for a VAWA visa?


If you are in the United States and need assistance to apply for a VAWA visa, you may contact a lawyer or a legal services organization familiar with VAWA cases. The American Bar Association’s list of Legal Services Organizations by State can help you connect with a local legal services provider. Additionally, your state’s bar association may offer information about pro bono (free) legal services. Additionally, the National Immigrant Women’s Advocacy Project provides free legal assistance to immigrant victims of domestic violence, sexual assault, trafficking, and other crimes.

18. What types of support documents do I need to submit with my VAWA visa application?


To apply for a VAWA visa, you will need to submit the following documents: Form I-360 (self-petition for the VAWA visa); proof of U.S. citizenship or lawful permanent resident status of the abuser; proof of the relationship between the abuser and the immigrant (e.g. marriage certificate or other type of documentation); evidence of abuse or extreme cruelty; and any other documents requested by U.S. Citizenship and Immigration Services (USCIS).

19. Are there any additional fees or charges that come with applying for a VAWA visa?


No, there are no additional fees or charges associated with applying for a VAWA visa. The only fees associated with applying for the visa are the standard USCIS filing fees and biometric fees associated with submitting the form.

20. Is legal counsel required to apply for a VAWA visa?


No, legal counsel is not required to apply for a VAWA visa. However, if you feel that you may need legal assistance, it may be beneficial to consult an immigration attorney.