VAWA – Violence Against Women Act

Because of the nature of a VAWA self-petition in relation to an abusive family member, U.S. Citizenship and Immigration Services (“USCIS”) treats these petitions very seriously and provides safeguards to ensure that the entire process is handled discreetly and without notifying the abusive spouse, parent, or child. For the same reasons, we at the Potra Law Firm strongly suggest that you make an appointment and come to our office to discuss your case in the privacy of our offices. It is very important to make sure that your abuser is not notified of your visit to an attorney’s office, and all precautions will be taken in our office to guarantee the confidentiality of your sensitive information.

Who is potentially eligible for immigration benefits under VAWA?

Because VAWA self-petitions, filed on Form I-360, are functionally meant to replace an I-130 Petition for immigrant visa, individuals eligible to file for relief must fall in one of the categories in which the abuser could have or should have filed an immigrant visa petition.  In some cases, the abuser has already filed an I-130 petition in the past, but the immigrant spouse has not been able to pursue permanent residency due to separation, divorce, or the uncooperative abusive spouse.  VAWA self-petitioners must fall under one the following categories, and show the described eligibility requirements:

Spouse of a U.S. Citizen or Lawful Permanent Resident

• • • You had a qualifying spousal relationship with the abusive spouse:
      • Valid marriage to a U.S. Citizen or Permanent Resident;
      • If your marriage was terminated by death or divorce, the petition must be filed within two (2) years of such event;
      • If the abusive spouse lost or renounced citizenship or permanent resident status due to an incident of domestic violence, the petition must be filed within two (2) years of such event; or
      • You reasonably believed that you were legally married to a U.S. Citizen or Permanent Resident, but it was not legitimate solely because of the bigamy of the abusive spouse.
    • You suffered battery and/or extreme cruelty from the abusive spouse:
      • You were the victim of abuse or extreme cruelty by your U.S. Citizen or Permanent Resident spouse; or
      • Your minor child was the victim of abuse or extreme cruelty by your U.S. Citizen or Permanent Resident spouse.
    • You entered into the marriage in good faith, and not solely for immigration benefits; and
    • You have resided with the abusive spouse.

Parent of a U.S. Citizen

• • • You had a qualifying parent/son or parent/daughter relationship with the abuser:
      • You are the parent of a U.S. Citizen son or daughter who is at least 21 years of age when the self-petition is filed;
      • You are the parent of a U.S. Citizen son or daughter who lost or renounced citizenship status due to an incident of domestic violence; or
      • If your U.S. Citizen son or daughter has died, the petition must be filed within two (2) years of such event.
    • You suffered battery and/or extreme cruelty by your U.S. Citizen son or daughter; and
    • You have resided with the abusive son or daughter

Child of a U.S. Citizen or Lawful Permanent Resident (filed by parent/guardian on behalf of a minor, unmarried child under 21 years of age)

• • • You have a qualifying parent/child relationship with the abuser:
      • You are the child (unmarried and under 21 years of age) of the U.S. Citizen or Permanent Resident abuser; or
      • You are the child (unmarried and under 21 years of age) of an abusive parent who lost or renounced citizenship or permanent resident status due to an incident of domestic violence.
    • You suffered battery and/or extreme cruelty by your U.S. Citizen or Permanent Resident parent; and
    • You have resided with the abusive parent.
    • *You MAY be able to file as an abused child if you are between the ages of 21 and 24 in certain limited circumstances.

Most VAWA self-petitions are filed on behalf of an abused spouse, but the experienced immigration attorneys at the Potra Law Firm can help you determine whether you are eligible for VAWA as a parent or child, or if your marriage was terminated or the validity is in question.

What if I have gotten divorced? Re-married?

If your potential VAWA case is based on a relationship created by marriage and you get divorced, you must file your I-360 Petition within two years of that event.  In order to remain eligible to file, you may not re-marry until the approval of the I-360 self-petition.  If you are married to a new spouse after the Form I-360 has been filed, but before it has been approved, then it will likely be denied.  If your remarriage occurs after the Form I-360 has been approved, it will not affect the validity of the approved petition, and you may still be able to receive a work authorization card and adjust your status to permanent residency.

What if I am an abused step-parent, can I still qualify for VAWA benefits?

The INA defines a “child” to include a step-child, provided that the child was under eighteen years of age at the time of the marriage creating the step-relationship.  Similarly, the definition of a “parent” also includes step-parents where the relationship was created under the same conditions—while the child was under the age of eighteen. Thus, an abused step-child or step-parent may also be eligible to apply for VAWA relief.

In order for a step-parent to be eligible, the step-relationship must have been in existence at the time of the abuse as well as at the time of filing. If the step-relationship has been terminated—whether by death, legal separation, or divorce—a step-parent may remain eligible if he or she can demonstrate, as a matter of fact, that the relationship continued to exist between the stepparent and the U.S. citizen step-son or step-daughter at the time of filing.

The Act also includes certain adopted children and adoptive parents; however, the requirements for adopted family members can be much more complicated. Any of the attorneys at Potra Law Firm are equipped to honestly and accurately diagnose your case and determine whether you or a family member may be eligible for VAWA relief.

What if my abusive spouse, parent, or child already filed an I-130 Petition for me?

If your abusive family member has already filed a petition for you in the past, whether it was approved, pending, or withdrawn, you may still be able to transfer the priority date from the past petition to your Form I-360. This is beneficial to all categories where a wait time for a priority date to become current is involved, such as the categories for unmarried adult son or daughter of a USC (F1), spouse or minor child of an LPR (F2A), or unmarried adult son or daughter of an LPR (F2B). 

I have a criminal record, will that affect my case?

Yes. Because VAWA relief is considered a discretionary benefit, one important legal requirement of VAWA is that you must show that you are a person of good moral character. This means that your criminal record is entirely relevant to whether or not your self-petition is approved.  While there are no specifically defined criteria to show “good moral character,” it is in your best interest to disclose all citations, detentions, charges, and arrests before you are questioned by USCIS regarding it.

Despite the criminal record you have, you may still be able to show you are a person of good moral character by showing that you have been rehabilitated. Having any arrests or citations can potentially affect the outcome of your case, and for that reason, we recommend visiting the attorney to help you either establish that you were not convicted of any disqualifying crimes or to put together a solid argument to USCIS that you have changed since the time when the crimes were committed.

What sort of immigration benefits are available to a VAWA recipient? Can I become a permanent resident?

As the recipient of an approved I-360 self-petition under VAWA, you will automatically qualify for an employment authorization document upon approval. With your work permit, you will be legally authorized to work, obtain your own social security number, and maintain a valid driver’s license. While the first work permit under an approved Form I-360 does not require any filing fees, any subsequent renewal of your work permit will require normal filing fees.

As a recipient of VAWA, you may also be eligible for and automatically granted a benefit known as “deferred action”.  The granting of this status is an agreement made by the Department of Homeland Security personnel that they will not take action to remove or deport an immigrant from the United States during the authorized period. Deferred Action status does not, however, give the immigrant any form of legal immigration status.

Some recipients of an approved I-360 self-petition under VAWA may also be eligible for adjustment of status to obtain permanent residency. Because the I-360 is meant to stand in place for a petition filed by the abusive family member, some categories of immigrants may be subject to a priority date limitation according to the visa bulletin. For example, if you are the spouse of a lawful permanent resident, you will have to wait until category F2A on the visa bulletin is current for your priority date. If your spouse filed an I-130 petition for your previously, you may be able to transfer that priority date to your I-360 petition.

If you fall under a category that is not subject to visa limitations, such as the spouse, child, or parent of a U.S. Citizen, you may be eligible to file your I-485 residency application concurrently with the I-360. This is a huge benefit because you may be able to receive your work permit earlier.

Although the I-360 self-petition approval can waive some inadmissibilities automatically—such as public charge, entry without inspection, and working without authorization—it cannot waive all kinds of inadmissibilities. You may have an approved I-360 Petition, but still be barred from permanent residency, or you may be subject to a priority date wait time. It is very important to have an attorney review your case for all potential issues, including those that may require a waiver.  If your residency application is ultimately denied, you may be put into removal proceedings that can put you or your family at risk of being separated.

Frequently Asked Questions