VAWA: What is VAWA and How to Self-Petition
Introduction:
In the United States, the Violence Against Women Act (VAWA) stands as a beacon of hope for survivors of domestic violence, sexual assault, stalking, and other forms of gender-based violence. Enacted in 1994 and subsequently reauthorized, VAWA provides crucial protections and resources for survivors, regardless of their immigration status. One of the key provisions of VAWA allows eligible survivors to self-petition for legal immigration status, providing a pathway to safety and security independent of their abusers.
Who is Eligible to Self-Petition for VAWA?
VAWA eligibility is not limited by gender; individuals of any gender who have experienced abuse may qualify. To be eligible, you must meet certain criteria:
You are the spouse or child (unmarried and under 21) of a U.S. citizen or lawful permanent resident abuser. Note that you may still qualify for VAWA even if you are not currently married to your abuser, as long as the marriage ended within two years prior to your petition and the termination was due to the abuse. In addition, you may still qualify for VAWA if your abuser lost legal status within two years prior due to the abuse.
You have suffered abuse or extreme cruelty by your U.S. citizen or lawful permanent resident spouse or parent. Abuse is defined as any act or threatened act of violence, and also includes psychological abuse, forced prostitution, rape, and incest.
You have resided with your abuser in the United States or your abuser is an employee of the U.S. government or a member of the uniformed services.
You are a person of good moral character.
How to Self-Petition for VAWA
Here is a brief outline of the steps required to self-petition for VAWA.
Gather evidence: Collect documentation of the abuse, such as police reports, medical records, restraining orders, and affidavits from witnesses or service providers. Collect evidence of good moral character, such as police clearances from every city you have lived in for 6 months or longer, tax returns, and letters from friends and family stating your good moral character.
Complete Form I-360: File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with supporting evidence, with the United States Citizenship and Immigration Services (USCIS).
Request a Fee Waiver: If you are unable to afford the filing fee, you may request a fee waiver by submitting Form I-912, Request for Fee Waiver, or providing supporting documentation of your financial hardship.
Await Decision: USCIS will review your petition and supporting evidence. If approved, you may be eligible for work authorization while awaiting a final decision on your immigration status.
Adjustment of Status or Consular Processing: Depending on your circumstances, you may apply for lawful permanent resident status (a green card) through adjustment of status within the United States or consular processing if you are outside the United States.
It's important to note that VAWA provides protections and resources beyond immigration relief, including access to support services for survivors and their families. If you or someone you know is experiencing abuse, help is available. Reach out to local domestic violence organizations, legal aid services, or the National Domestic Violence Hotline for assistance and guidance.
Conclusion
In conclusion, VAWA offers a lifeline to survivors of gender-based violence, empowering them to break free from abusive situations and pursue a path toward safety and independence. By understanding the eligibility criteria, navigating the self-petitioning process, and accessing available resources, survivors can take crucial steps toward reclaiming their lives and securing their future.
If you have questions about VAWA requirements or would like to talk to an attorney about your specific case, contact Katie DeGrio Channing using the form below to schedule a 30-minute consultation. We can help assess your eligibility, prepare a strong application, and connect you with crucial related resources.
This blog post is available for informational purposes only and is not considered legal advice on any subject matter. By viewing this blog post, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.