The Violence Against Women Act (VAWA) provides immigration relief for non-citizens who are victims of domestic abuse. The law allows victims to self-petition for legal status without relying on a U.S. citizen or LPR abuser. The victim can also self-petition without their abuser's knowledge.
You may be eligible to petition as a spouse for yourself under VAWA if
· If you are or were a victim of spousal abuse and
your spouse is a U.S. Citizen
· If you are or were a victim of spousal abuse and
your spouse is a lawful permanent resident (LPR)
· If you are or were a victim of spousal abuse and
your marriage to the abuser was terminated by
death or divorce (relating to the abuse) within 2
years prior to filing
· If you are or were a victim of spousal abuse and
your spouse lost or renounced citizenship or LPR
status because of an incident of domestic abuse
within 2 years prior to filing
To be eligible as a spouse, you also must prove:
· You entered into the marriage in good faith (and
not solely for immigration benefits)
· You are living with or previously lived with your
spouse
· You are a person of good moral character
What if I am a male spouse?
· You can obtain relief under VAWA whether you
are male or female. The provisions of VAWA apply
equally to men and women.
You may be eligible to petition as a parent for yourself under VAWA
· If you are a parent and your child was or is
abused by your U.S. citizen spouse
· If you are a parent and your child was or is
abused by your LPR spouse
To be eligible as a parent, you also must prove:
· You entered into the marriage in good faith (and
not solely for immigration benefits)
· You are living with or previously lived with your
spouse
· You are a person of good moral character
You also may be eligible to petition as a parent for yourself under VAWA
· If you are a parent and you are or were abused
by your U.S. citizen child
· If you are a parent and you are or were abused
by your child, and your child lost U.S. citizenship
due to an incident of domestic abuse within 2
years prior to filing
To be eligible as a parent you also must prove:
· You are living with or have previously lived with
the abusive son or daughter
· You are a person of good moral character
Is there an age requirement if I am an abused parent?
· There is no age requirement for you as an abused
parent
· Your child, however, must be over the age of 21
You may be eligible to petition as a child for yourself under VAWA
· If you are an abused child and you were abused
by your U.S. citizen/LPR parent and
To be eligible as a child, you also must prove:
· You are under 21 years of age
· You are unmarried
· You are living with or have previously lived with
the abusive parent
· You have evidence to prove your relationship to
your parent
· (You are a person of good moral character (if you
are between the ages of 14 and 21)
How can I petition for myself?
If you with to petition for yourself under VAWA, you must consult with an attorney.
· You must complete the Form I-360
(This is the Petition for Amerasian, Widow(er), or
Special Immigrant)
· You also must include all required documentation
on the form
· You must file the form with the Vermont Service
Center (VSC)
What if I am eligible, but I am currently in removal proceedings?
See our next issue for complete details.
