If you’re a non-citizen trapped in an abusive relationship with a U.S. citizen or permanent resident you may eligible for relief under the Violence Against Women’s Act. At Big River Trial Attorneys, our immigration lawyers have substantial experience preparing well-documented, winning VAWA self-petitions. We’ve successfully guided many victims of domestic violence through this immigration process. We understand the VAWA process and can:
- Evaluate the merits of your VAWA case and help you gauge whether filing a self-petition under the Violence Against Women Act is an appropriate form of relief;
- Help you find and resolve hidden problems and red flags that might only be apparent to an immigration lawyer with experience in VAWA cases.
VAWA, or Violence Against Women Act addresses a flaw in the marriage-based immigration system created by domestic violence and abusive relationships. Sadly, immigrants who are victims of abuse often feel compelled to stay with their abusive U.S. citizen or permanent resident spouses in order to get a green card. The victim needs the abuser’s help to get a green card. This dynamic gives the abusive spouse power to manipulate his or her victim.
The goal of the Violence Against Women Act or VAWA is to fix this problem by allowing immigrants who are being abused to self-petition, independently of their abusive spouse or family member.
Before you think about your immigration case under VAWA, you should consider your own personal safety. If you find yourself caught in an abusive relationship, seek out support services for domestic violence. Take advantage of hotlines, shelters, and counseling services. A good starting point might be calling the National Domestic Violence Hotline at 800-799-SAFE.
The requirements for an immigration case under the Violence Against Women Act vary based on the facts of each case. In certain circumstances, VAWA can apply to parents or children who have been abused or battered by a U.S. citizen or legal permanent resident. VAWA can also be used by abused spouses and children of Cuban Adjustment, HRIFA, and NACARA beneficiaries.
In marriage-based Violence Against Women Act (VAWA) cases, a self-petitioning spouse must show:
- the abusing spouse is (or was) a green card holder or U.S. citizen;
- that the abuser was legally married to the VAWA applicant;
- that the VAWA applicant lived with the abusing spouse;
- the U.S. citizen or permanent resident spouse abused (i.e., “battered or subjected to extreme cruelty”) the VAWA applicant during the marriage;
- that the marriage was based on a relationship that was entered into for bona fide, good faith reasons and not solely for obtaining immigration benefits; and
- that the Violence Against Women Act applicant is a person of good moral character.
To win your VAWA case, you need to show that you were battered or subjected to extreme cruelty by your spouse. USCIS takes into consideration a variety of domestic violence, which is not limited to physical abuse.
Often people mistakenly believe that a successful Violence Against Women Act application must be supported with a police report. But this is not true. U.S. immigration laws provide a flexible legal standard, which allows VAWA self-petitioners to submit “any credible evidence.”
Although not required, it’s helpful to submit any available primary or secondary documentation such as, medical records, police reports, restraining order paperwork, and therapist/counselor reports, domestic violence shelter records.
A petition under VAWA (the Violence Against Women Act) should be supported with an affidavit or personal statement from the applicant, describing the abuse, the courtship and relationship with the abusive spouse, and the applicant’s good moral character and immigration history. This is a crucial part of the case that should be prepared with meticulous care.
A winning VAWA self-petition requires proof by “clear and convincing evidence” that the underlying relationship was entered into for genuine, good faith reasons and not solely to obtain immigration status. Documentation to show that the parties lived together and shared their lives include, for instance, jointly-filed tax returns, jointly-held leases, insurance, photos, and affidavits from third parties.
USCIS says that it is processing I-360 applications in about 3 – 7 months, but in reality it is taking much longer. Also, when considering how long it will take to get a green card, factor in the time-consuming process of preparing a compelling VAWA case.
Yes. Despite the name, the Violence Against Women Act is not only for women. It also protects men. An abusive same-sex marriage could also serve as the basis for a VAWA case. Precisely the same legal standard would apply regardless of the VAWA applicant’s gender or sexual orientation.
To qualify for a work permit or Employment Authorization Document while self-petitioning under the Violence Against Women Act, you’ll need an approved VAWA application (Form I-360) or a pending application for adjustment of status (Form I-485). Usually, you should receive your work permit about 3 months after filing the application (Form I-765).
A VAWA self-petition must be filed within 2 years of when the divorce becomes final.
If you are a conditional permanent resident, i.e., you have a two-year green card, then a self-petition under the Violence Against Women Act is unnecessary and inapplicable. Other immigration options are available for conditional residents who are in an abusive relationship. One option is to seek a waiver of the joint filing requirement for the I-751 as a “battered spouse.” Another way to “renew” the green card would be to terminate the abusive marriage through divorce and then file an I-751 self-petition based on a “good faith marriage.”
This form of relief is available only to those who are in removal proceedings in Immigration Court and who can demonstrate that deportation would cause extreme hardship to the applicant or her children. So-called VAWA Cancellation of Removal usually comes into play only where the applicant is ineligible for relief through adjustment of status with an ordinary VAWA visa petition (Form I-360)
Call us today at (225) 963-9638 to schedule a consultation to learn more about the Violence Against Women Act and how our immigration team can help you.
