VIOLENCE AGAINST WOMEN AND MEN (VAWA)

U.S. citizens and lawful permanent residents must often file a petition for their noncitizen relatives as part of the family-based immigration procedure. By threatening to withhold or withdraw the petition to frighten, manipulate, and coerce their noncitizen family members, some petitioners may abuse the immigration process to harm them further.

The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations gave noncitizens who had been mistreated by a U.S. citizen or lawful permanent resident relative the option to independently petition for themselves (self-petition) for immigrant classification without the perpetrator’s knowledge, consent, or involvement in the immigration procedure. As a result, victims can seek independence from their abusers and safety.

If you need any legal assistance regarding abuse and victimization, we are always ready to help with all the first-hand information necessary. 

Parents of U.S. citizens 21 years or older and their spouses and children may submit a self-petition to USCIS for immigrant categorization.

 A VAWA self-petitioner is a noncitizen who files a self-petition under this Act. VAWA self-petitioners may apply for a Green Card and seek permanent residency if USCIS approves their self-petition. 

If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following:

• Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;
• Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or
• You were subjected to battery or extreme cruelty in the United States.

You can submit a petition under the VAWA if you meet the following criteria:

• You are a spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:

• You are married to a U.S. citizen or permanent resident abuser;
• Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;
• Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or
• You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• Child of an abusive U.S. citizen or lawful permanent resident parent; or
• Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.
• You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);
• You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
• You are a person of good moral character.

If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered the marriage in good faith and not for the purpose of evading immigration laws.

If your abusive relative lost or renounced their citizenship or status as a lawful permanent resident, or if your abusive relative passed away, you could still file a VAWA self-petition in certain situations.

We help guide clients through the immigration process.  Call us today for an appointment with our immigration attorneys.