Navigating the complex U.S. immigration system can be daunting, especially when you are dealing with other complex issues such as violence at the hand of your U.S. citizen petitioner. Although this is a very painful and anxiety inducing situation to be in, you can take your power back by pursuing a green card as a self-petitioner through VAWA.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

What is VAWA (Violence Against Women Act)?

The Violence Against Women Act of 1994 (VAWA) provides noncitizens who have been abused by their U.S. citizen or lawful permanent resident (LPR) partner the ability to independently petition for themselves or self-petition for a green card without their abuser’s knowledge, consent, or participation in the immigration process.

Who Can Get a Green Card Under VAWA

In order to apply for a green card as a VAWA self-petitioner, you must be an immediate relative of a U.S. citizen or lawful permanent resident, specifically:

• A spouse, intended spouse, or former spouse of an abusive U.S. citizen or LPR partner. If you and your abusive spouse are divorced, or if your spouse is deceased, you must apply as a VAWA self-petitioner within 2 years of the marriage ending.
• A child under the age of 21 of an abusive U.S. citizen or LPR parent – in some cases, children up to the age of 25 are allowed to apply under VAWA as well, but they will need to provide proof that the late filing is a result of the abuse at the hands of their parent.
• A parent of an abusive U.S. citizen or LPR child who is at least 21 years of age.

Admissibility Issues

If you have fraud, misrepresentation, or certain crimes on you record, you will face admissibility issues that may require you to file an I-601 waiver and submit it along with the other documentation needed for a VAWA self-petition.

It is important to work closely with an experienced immigration lawyer who can help you determine whether or not this waiver would be necessary or useful. Our team of New York immigration lawyers at McBean Law can help you.

How To Apply For a VAWA Self-Petition

In order to apply for a VAWA self-petition, you must submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant along with additional evidentiary documents. According to USCIS, there is no filing fee for this form.

You must also provide evidence to demonstrate that you meet all the eligibility requirements. This includes:

• Having a qualifying relationship as the spouse (current, intended, or former), child, or parent of an abusive U.S. citizen or LPR.
• Testimony regarded to the abuse – this is called a “victim declaration” and tells your abuse story methodically and in great detail, as difficult as this may be.
• Proof that you were subjected to battery and/or extreme cruelty by your U.S. citizen or LPR relative – this may include documents such as police or medical reports.
• Proof that you are currently residing or have resided with this abusive relative.
• Proof that you are a person of good moral character.
• If you are a spouse, proof that you entered into the marriage in good faith and proof that it is/was a bona fide marriage.

Additionally, if your immigration history includes your abusive relative petitioning for you in the past, e.g. for a marriage-based visa, it is important to note that you will need to provide information on how your relationship deteriorated over time. You will need to reconcile the two filings – the first filing where your relationship was presented as bona fide and good, and the second filing where you are self-petitioning as a victim of abuse by your former petitioner – in a way that will make sense to the government.

Useful Documentation

While you are going through the green card process and your VAWA self-petition, you may be eligible for certain useful documentation that will help you become more independent and start your new life in the U.S.

Firstly, you may be eligible for an Employment Authorization Document (EAD) that would allow you to lawfully work in the U.S. while still in the green card application process.

You may also be eligible for travel documents and federal benefits. In order to determine this, it is important to work with an experienced immigration lawyer who can help answer any questions and compile a well-crafted application.

Planning Your Roadmap to Success

Although this is a very painful and anxiety inducing situation to be in, you can take your power back by pursuing a green card as a self-petitioner through VAWA. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.