All VAWA recipients must meet basic eligibility requirements to qualify for the program. And you will need evidence for VAWA self petition.
VAWA, a program also identified as the Violence Against Women's Act, is for battered noncitizens who are abused by a spouse or close family member who is a U.S citizen or Lawful Permanent Resident (a green card holder). As a victim, you can apply for VAWA as a self-petitioner at your own discretion and without the fear of your close relative’s knowledge.
If you are a victim of abuse, you may need to take safety precautions to protect yourself from your abuser by safe web and private browsing on any electronic device including laptops, computers, smartphones, and tablets. If you use the same device or phone line as your abuser, bear in mind that they may be tracking your activity at any given moment. Also, be aware that electronic devices have cameras and/or GPS and can be monitored without your consent. For more resources visit the National Domestic Violence website or contact them at 1-800-799-7233.
You will need evidence to file as a self-petitioner for VAWA. First, you will need to file form I-360, the Petition for Amerasian, Widow(er), or Special Immigrant. Fill out and complete this form, it's in your best interest to hire a VAWA immigration lawyer to help you in your case.
Along with the application, you will need the required documents as evidence to prove your case. This required initial evidence includes:
Details for each one will be listed in the next section. All evidential documents are required to be translated into English if they are in a different language.
Most VAWA recipients are in the process of obtaining lawful permanent residence with the help of their abusive family members. Ensure to include any document sent to you by the United States Citizenship and Immigration Services (USCIS).
Other forms of this documentation can include your
You will need to include proof that the relationship between you and your abuser is or was valid.
Forms of documentation can include your
If your abuser is or was a spouse, you will need to include evidence proving that the marriage was done in good faith and not for fraudulent purposes.
Documents can include:
You will need to prove your spouse or parent (your abuser) current immigration status in the U.S. You can include
If you do not have access to these, and depending on where you live, you can access public records and possibly obtain a birth certificate through the county records office in the county your abuser was born.
In addition, if your abuser has already filed a petition with USCIS, you can submit a copy or a receipt of the approval notice as evidence of their immigration status.
You will need to include a written and personal declaration describing the abuse. Details must include extreme cruelty, physical battery, emotional abuse, verbal abuse, sexual violence, economic/financial abuse, violent acts or threats, isolation and degradation, intimidation, etc.
Forms of proof can be:
You do not need to include all these forms of evidence, however, USCIS will look at the persuasive evidence of the case, hence, the more you can provide, the better chance you can prove and win your case.
To prove that you and your abuser reside in the United States, both of your names need to be listed on any of the following documents.
You will need to prove that you are a person of good moral character and have been for the last three years by:
Not all forms of evidence are required from each section, but the more credible evidence you provide USCIS, the better chance you have at winning your case. When USCIS approves the I-360 form, you can begin applying for a lawful permanent residence, or green card.
It would be beneficial to hire a VAWA immigration lawyer to help you with each part of the application and gathering evidence process. Contact our office at (832) 568-4855 or visit our webpage to help you begin the process.
You will need proof of your identification and current immigration status, evidence of the abuser's status, proof of relationship, proof of bona fide faith marriage, proof of residence with the abuser and current residence in the U.S., proof of good moral character and evidence of abuse or extreme cruelty.
You do not need a police report or any other type of proof by law enforcement to apply for VAWA. Often, the police are not contacted because the victim fears what their abuser is.
Doing a criminal clearance background check, obtaining any letter from religious entities or civic club officials, evidence such as awards or certificates of appreciation, or affidavits from friends and family members that can contest that you are a good person.