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Overview of the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) allows abused noncitizens who are married to or are the children and/or stepchildren of:

1)      Legal Permanent Residents (LPRs) or

2)      US Citizens (USCs)

to petition for themselves and gain their lawful immigration status without the help of their abuser by filing a self-petition.  With an approved self-petition, the abused noncitizen can then apply to receive his or her greencard.

Who is Eligible to apply under VAWA

Ø      An abused spouse or "intended" spouse of a US Citizen or a Legal Permanent Resident (note - an "intended" spouse is a spouse who would have been legally married, but for the fact that her spouse was already legally married to someone else.  It is an exception for those who have unknowingly committed bigamy);

Ø      An abused child (under 21 years old) of a USC or an LPR;

Ø      A non-abused spouse of a USC or LPR whose child is abused.

Requirements of the Self-Petition

If you fall under one of the above eligibility categories you must also meet several other requirements in order to obtain an approval for a self-petition:

1)      The self-petitioner and the abuser must have been married; in Texas, this includes common law marriages.  If the marriage ended in divorce the self-petitioner must file within two years of the final decree of divorce.

2)      The abuser must be a US citizen or a Legal Permanent Resident of the US.

3)      The self-petitioner must have been abused or subjected to extreme cruelty.  "Extreme cruelty" includes, but is not limited to:

Ø      Threats of physical violence

Ø      Hitting, slapping, kicking, biting, or any other physical violence;

Ø      Emotional abuse, such as insults in either the home or in public;

Ø      Forced sex against a person's will;

Ø      Threats to take away children;

Ø      Threats to call Immigration or threats of deportation

Ø      Controlling behavior

Ø      Isolation

4)      The abuser and the self-petitioner must have lived together at some time.  The self-petitioner does not have to be living with the person when the self-petition is submitted.

5)      The self-petitioner must be living in the US (note - there are some limited exceptions to this)

6)      The marriage to the abuser must have been in "good faith."  The question to ask is whether the self-petitioner married in order to establish a life together with the abuser.

7)      The self-petitioner must have a "good moral character."  This basically means that she did not commit certain crimes or immigration offenses.  (note - if you are working with an attorney or an accredited representative it is extremely important that you disclose any criminal history you may have to him)

Process and Benefits of the VAWA self-petition

1)      The self-petition is filed with the Bureau or Citizenship and Immigration Services (BCIS) VAWA office in Vermont on Form I-360 with documentation to show all of the above listed requirements. 

2)      If the self-petition is apparently approvable,  BCIS will send the self-petitioner a Notice of Prima Facie Eligibility. (note - this notice is NOT an approval)

3)      If the BCIS approves the self-petition, the BCIS will send the self-petitioner a Notice of Deferred Action.  Deferred Action means the immigration authorities know that the self-petitioner is in the US and has determined that it will not try to deport her.  With Deferred Action the self-petitioner can apply for work authorization from the BCIS using form I-765.

4)      The self-petitioner can then either:

Ø      adjust her status immediately, as an immediate relative to obtain her greencard, if she was married to or a child of a US Citizen or

Ø      adjust her status to obtain her green card once her priority date become current for spouses and children of LPRs.  (note - it could take several years for these priority dates to come current.  In the meantime, however, an approved self-petitioner with deferred action can renew her deferred action and her work permit every year.)