VAWA

Understanding the Violence Against Women Act (VAWA) in Immigration

Domestic violence knows no bounds. Women, men, and children of all races, ages, religions, genders, cultures, or socioeconomic backgrounds can become victims of domestic violence.

According to the United Nations, globally, approximately 736 million women (or 30 percent of women aged 15 and older) have experienced physical and/or sexual intimate partner or non-partner violence at least once in their lives. In the United States, one in four women and one in nine men have experienced severe intimate partner physical or sexual violence and/or intimate partner stalking, according to the National Coalition Against Domestic Violence.

Originally passed in 1994, the Violence Against Women Act (VAWA) protects women and children from losing their immigration status in the United States if they have been victims of domestic violence or extreme cruelty – helping to keep them safe away from their abuser.  However, the VAWA doesn’t just protect women. The VAWA also protects male domestic abuse survivors.

Keep reading to learn more about how the VAWA can provide a path to a Green Card for you if you find yourself in an abusive relationship.

What is the Violence Against Women Act (VAWA)?

The Violence Against Women Act (VAWA) is a U.S. federal law, initially passed in 1994, aimed to end the violence against women. This law provided billions of dollars for criminal investigations and prosecutions of abusers against women. The VAWA was then reauthorized in 2000, 2005, 2013, and recently, in 2022.

Each reauthorization expanded resources and support for gender-based domestic violence survivors while increasing prevention through the criminal justice system, social services, and non-profit organizations. For example, in 2000, further protections were added related to immigrants experiencing domestic violence, such as sexual violence, stalking, and dating violence. The 2013 reauthorization extended services protecting Native American women and members of the LGBTQ+ community.

When immigrant women face abuse, they are often frightened to seek help for fear of losing their immigration status and being deported. However, the VAWA protects these women by providing “noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process.”

Am I Eligible to File a VAWA Self-Petition?

Spouses and children of U.S. citizens and lawful permanent residents, as well as parents of U.S. citizens (who are 21 years or older), may file a “self-petition for immigrant classification” with the U.S. Citizenship and Immigration Services (USCIS). The noncitizen filing this self-petition is called a “VAWA self-petitioner.”

However, you must demonstrate the following:

• You have a qualifying relationship as the:
  • Spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident who has abused you if:
    • You are married to the U.S. citizen or lawful permanent resident abuser (and you entered the marriage in good faith and not to evade immigration laws);
    • You divorced the abuser (because of the abuse), or your abuser spouse (U.S. citizen spouses only) died within two years of you filing your VAWA self-petition;
    • Your abuser spouse lost citizenship or permanent resident status within two years of you filing your VAWA self-petition (because of a domestic violence incident);
    • You believed that you were legally married to your U.S. citizen or permanent resident abuser, but the marriage was fraudulent because of your spouse’s bigamy.
  • Child of an abusive U.S. citizen or lawful permanent resident parent; or
  • Parent of an abusive daughter or son who is aged 21 or older.
• You experienced “extreme cruelty” or battery by your U.S. citizen or lawful permanent resident abuser during your qualifying relationship. Extreme cruelty includes emotional and psychological abuse, such as verbal abuse or harassment, as well as threats resulting in mental harm. Physical abuse is not necessary.
• You are living with (or have lived with) your abusive U.S. citizen or lawful permanent relative.
• You are a “person of good moral character.”

If you are living outside of the United States when you file your VAWA self-petition, you must demonstrate the following additional requirements:

• Your U.S. citizen or lawful permanent resident abuser is a U.S. government employee;
• Your U.S. citizen or lawful permanent resident abuser is a U.S. armed forces member; or
• You experienced extreme cruelty or battery in the United States.

What About My Family Members?

If you are applying for a VAWA self-petition and you are a spouse or child of a U.S. citizen or lawful permanent resident abuser, then your children may be included on the self-petition if they are under 21 years old and unmarried.

How Do I Apply for a VAWA Self-Petition?

To apply for a VAWA self-petition, you must submit:

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Evidence proving that you meet the above eligibility requirements.

You may submit your Form I-360 without your abusive family member’s knowledge or consent.

If your self-petition is approved, then you may seek a Green Card, giving you legal permanent residence status. Additionally, if your children were included in your self-petition, then they are granted the same immigration classification as the VAWA self-petitioner. They can also apply for lawful permanent resident status.

For VAWA self-petitioners, there is no fee to file a Form I-360.

What Proof Do I Need to Submit With My Self-Petition?

Along with your Form I-360, you must also submit evidence supporting your self-petition. Because gathering some of this information may be challenging based on your situation, you may want to work with a qualified immigration attorney to help you through the process while strengthening your case.

Here is some evidence that you’ll need to submit:

• Evidence of your abuser’s U.S. citizenship or lawful permanent resident status.
• Evidence of your qualifying relationship with the U.S. citizen or lawful permanent resident abuser, such as marriage or birth certificates or divorce decrees. As a spouse, you also must submit evidence that you entered the marriage in good faith, such as copies of insurance policies showing the other spouse as a beneficiary, tax records, joint leases or mortgage records, or bank statements.
• Evidence of you living with (or having lived with) the U.S. citizen or lawful permanent resident abuser, such as mortgages, deeds, leases, or rental agreements that list both you and the abuser; bank statements, utility bills, or other financial documents listing your common address; school records listing the parents and the home address; insurance policies; tax records; medical records; or affidavits certifying this information.
• Evidence of the abuse committed by the U.S. citizen or lawful permanent resident abuser, such as police reports (although police reports are not required to prove abuse); court documents, such as orders of protection; medical records; or affidavits from medical personnel, social workers, clergy, police officers, or judges.
• If you are 14 years or older, evidence of good moral character, such as criminal background checks or affidavits as to your character, is required. Your criminal background check report must be from where you have lived for six or more months during the three years before you filed your Form I-360.  An experienced immigration attorney can help you secure the correct evidence to prove your good moral character.

Once submitted, the USCIS will determine if your evidence is sufficient in its sole discretion.

How Long Does It Take to Process a VAWA Self-Petition?

Once your Form I-360 (along with all of your supporting evidence) is filed with the USCIS, processing your self-petitions could take well over a year. On average, the USCIS may take up to 18 months to process VAWA self-petitions. However, a specific timeline can often be hard to predict.

A skilled immigration attorney can help you streamline this process for you.

Can I Work in the United States as a VAWA Self-Petitioner?

On Form I-360, you can check a box requesting an initial employment authorization document (EAD) once the USCIS approves your Form I-360. Once approved, the USCIS will automatically consider you for employment authorization, permitting you to work in the United States. You do not need to file a separate Form I-765, Application for Employment Authorization if you checked the correct box on your Form I-360.

However, if you didn’t check the EAD box on your Form I-360, you’ll need to file a Form I-765 after your VAWA self-petition is approved. If you included your children on your Form I-360, then they may also apply for work authorization with the Form I-765 once the USCIS approves your self-petition.

If you are a lawful permanent resident, you do not need to apply for an EAD, as your Green Card (Form I-551, Permanent Resident Card) is your employment authorization.

How Do I Apply for a VAWA Green Card?

If the USCIS approves your Form I-360, you may file a Form I-485, Application to Register Permanent Residence or Adjust Status. If you included your children on your Form I-360, they may also apply for a Green Card.

Along with your Form I-485, you’ll need to submit evidence to support your change in immigration status.  Here are some examples of what you may need to submit:

• Two passport-style photos.
• Copy of your birth certificate.
• Copy of your government-issued identification (with your photograph).
• Form I-693, Report of Medical Examination and Vaccination Record
• Copy of your passport pages, showing your nonimmigrant visa or admission/parole stamp issued by a U.S. immigration officer.
• Copy of Form I-94, Arrival/Departure Record
• Other applicable documents.

In addition to filing your Form I-485 and your supporting documentation, you must meet the following requirements:

• You must be physically present in the United States.
• You are eligible to receive an immigrant visa with your approved Form I-360.
• An immigrant visa is available to you once the USCIS makes a final decision on your Form I-485.
• You are eligible for lawful permanent residence in the United States.

For certain Green Card applicants, if you violated immigration law or entered the country in a specific way, you may be barred from obtaining a Green Card. However, none of these bars apply for VAWA self-petitioners (and their children).

When filing your Form I-485 and supporting documentation, a qualified immigration attorney can help you navigate this often confusing process.

Am I Entitled to Confidentiality as a VAWA Self-Petitioner?

As a VAWA self-petitioner, special confidentiality protections apply to you. For example, federal U.S. law “prohibits USCIS denying your application based on information provided solely by your abuser and other prohibited sources.”