Fact Sheets: Violence Against Women Act (VAWA)
Under VAWA, spouses and children of US Citizens and Lawful Permanent
Residents (LPR) may self-petition to obtain lawful permanent residency.
VAWA allows victims of domestic violence to get immigration benefits
without the assistance or knowledge of the abuser.
Eligible Self-Petitioners:
Spouse-you may self-petition if you are an abused spouse married to a
US Citizen or LPR. Unmarried children under the age of 21 may be
included on your petition.
Parent-you may self-petition if you are the parent of a child who has been
abused by your US Citizen or LPR spouse. Your children (under 21 and
unmarried), including those who have not been abused, may be included
on your petition.
Child-you may self-petition if you are a child (under 21 and unmarried) who
has been abused by your US Citizen or LPR parent. Basic Requirements
and Necessary Documentation for the Self-Petitioning Spouse:
Must be legally married (or divorced within the past two years) to the US Citizen
or LPR abusive spouse. If the abuser was a US Citizen, a self-petition may also
be filed if the marriage was terminated by the spouse's death within the past
two years.
The abuse must have taken place during the marriage. The marriage must
have been entered in good faith. If abuser was deported and lost LPR status
due to domestic violence, the self-petition must be filed within 2 years of
LPR's loss of status. If eligible, Form I-360 Self-Petition is filed with
supporting documentation. Immigrants who can establish these basic
requirements will be given a prima facie determination and then be eligible for
public benefits. If the I-360 is approved, the immigrant is granted deferred
action status in most cases. Deferred action means that deportation
proceedings will not be initiated. By filing the Form I-765 Application for
Employment Authorization, immigrants are authorized to work.
In immigration terminology, applying for permanent residency is called applying
or adjustment of status to that of a lawful permanent resident. Once the I-360
has been approved, immigrants are classified into categories based on a
preference system. Self-petitioners who are immediate relatives of US
Citizens (spouses and unmarried children under the age of 21) are eligible to
adjust status to a LPR without waiting for an immigrant visa. The remaining
categories must wait for an immigrant visa to become available for their category.
When eligible, Form I-485 Application to Adjust Status is filed to change status
to a LPR. This process includes a criminal check by fingerprinting and a medical
exam. Applicants might be barred from permanent residency if they have a
record of involvement with drugs, prostitution, or other crimes, if they are
HIV positive, committed visa fraud, were previously deported, or have certain
other "bad marks" against them. Waivers are sometimes available for criminal
and health issues but immigrants with these complications are advised to have
their cases reviewed by an immigration attorney.
More information is available at:
http://uscis.gov/graphics/howdoi/battered.htm
http://www.ilrc.org
http://www.nilc.org
http://uscis.gov/graphics/services/tempbenefits/antitraf.htm#unonimmg
http://www.ilrc.org
http://www.nilc.org
E-mail questions to: info@icwclaw.org
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