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Vawa Domestic Violence

If you are the victim of of violence by a family member, our Immigration lawyers are here to help. Contact the Shoreline Immigration office to have a conversation about your options today.

What Is VAWA?

Domestic violence is a global problem that affects people across the world, including in the United States. Domestic violence has been on the increase over the last few years. Unfortunately, immigrants are often more at risk of becoming victims of crime, including domestic violence, due to their often-uncertain legal status. If an immigrant has been the victim of violence, or extreme cruelty, at the hands of a close family member who is a US-citizen, or legal permanent resident (LPR), the immigrant may qualify for a Green Card through the Violence Against Women Act (VAWA) passed by Congress in 1994.

Congress established VAWA as a way to address high rates of violence against women in the US. Part of the VAWA legislation protects non-citizen women, and men, who have been victims of abuse and violence carried out by a US citizen or LPR spouse, parent, or child. This kind of violence can take the form of physical, sexual, emotional, and/or psychological harm. With the VAWA legislation, immigrant victims can petition for a Green Card due to the harm they suffered. The race, age, or sexual orientation of a victim/petitioner does not matter. Men can be petitioners as well as members of the LGBTQ+ community. All victims receive the same opportunities and legal protections under VAWA.

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Who can apply for VAWA?

To apply under VAWA a person must first determine whether they are eligible. Petitioners must be the spouse, parent, or child of an abuser who is a US citizen or LPR. An eligible petitioner can also apply for their children if the children are under the age of 21. Children can self-petition if they are under the age of 21 and are unmarried. Divorced spouses are eligible to apply as long as their divorce occurred no earlier than 2 years prior to the date of filing. However, if an applicant decides to remarry before the approval of the required I-360 application form, they may be denied. Immigrant parents are also eligible to apply for VAWA if they suffered abuse at the hands of their children who are citizens or LPRs.

What evidence do you need to prove VAWA?

Domestic violence victims who want to apply through VAWA should gather evidence to demonstrate the physical, sexual, emotional, and/or psychological abuse they suffered. Evidence of the abuse can include hospital records, restraining orders, photographs of injuries or physical harm, threatening text messages and phone calls, as well as affidavits from friends and witnesses to the abuse. It is not mandatory to provide police reports as part of the application.

Many domestic violence victims are often too afraid to reach out to the police and so police reports may not be available. Petitioners can apply within the United States by submitting their application to the US Citizenship and Immigration Services (USCIS) agency of the United States Department of Homeland Security. USCIS handles immigration, employment authorization, and naturalization processes. In addition to the above noted evidence, the applicant must also show that their abuser is a U.S citizen or lawful permanent resident. Lastly, the petitioner must also provide proof of the relationship with the abuser along with a self-declaration. The personal declaration should entail a description of the relationship and the abuse suffered.

VAWA Confidentiality

VAWA petitioners should note that all such VAWA-based applications are held in the strictest confidence. USCIS will not release information about an application to anyone other than the applicant and/or their attorney of record. For example, abusers, or an abuser’s attorney, are not able to call USCIS for information or even to check if such an application exists. In addition, all such records and cases are handled out of a separate department within USCIS. There are strict rules and regulations governing how these applications and related information are handled.

What is the VAWA Application Process?

To begin the application process, Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant must be completed. All associated evidence documenting the abuse, the abuser’s legal status, as well as proof of the relationship between the abuser and the applicant, will also need to be included and submitted to USCIS.

Once Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant and associated evidence is submitted, USCIS will send an initial receipt notification. It may, then, take up to a year and a half for USCIS to process the petition and issue a Prima Facie Determination Notice. A Prima Facie Determination Notice is a document which indicates that the applicant appears to have pre-qualified for VAWA pending final assessment. While the Prima Facie Determination is NOT an approval, it does mean that the applicant has passed the first part of the eligibility review. The Prima Facie Determination Notice is valid for 150 days and a final determination is expected within that time period. If a final determination is not made within that time frame, the notice should be automatically extended. The Prima Facie Determination document also allows the applicant to be eligible for additional VAWA benefits such as housing and food benefits, as well as trauma and crisis intervention support. Once it is officially determined that the applicant qualifies for VAWA a final approval notice will be issued.

However, if an applicant did not provide sufficient evidence with their initial application, USCIS may issue a Request for Information (RFI) notice. This means that USCIS needs additional information to be able to process the case. The applicant will usually have 60 days to provide this supplementary evidence. If USCIS determines that a petitioner does not qualify for VAWA, the petitioner will receive a “Notice of Intent to Deny,” which will list the reasons why the applicant is not eligible under VAWA. This denial notice will also explain how to appeal the decision within 33 days of receiving the notice. If a petitioner has provided enough evidence and completed the VAWA process correctly, they will receive an approval notice.

Approved applicants are also eligible to apply for work authorization using Form I-765, Application for Employment Authorization. This form is submitted to USCIS along with required filing fees and the I-360 approval notice.

Also once the I-360 is approved, an applicant will become eligible to adjust status to receive a Green Card. An applicant can then continue to file for legal permanent resident status using Form I-485, Application to Register Permanent Residence or Adjust Status. The process to apply for legal permanent resident status includes a criminal background check and a medical exam. After Form 1-485 has been filed and approved, the petitioner will receive an approval receipt notice. The Form I-864, Affidavit of Support, is not required in this process as battered spouses and children are exempt from submitting the I-864 when they have received a receipt notice for the form I-360.

After the petitioner has been approved for VAWA they are classified in a special category depending on the type classification of visas for the victim. All approved VAWA applicants are eligible to apply for and adjust their status. However, victims of abuse by a LPR must wait until a visa becomes available for their category before they can adjust their status. The “priority date” for their category will indicate when a victim of a LPR can submit their application. Victims of abuse by a US citizen are eligible to immediately apply for a Green Card.

It is also important to note that victims of a US citizen abuser can file their I-360 VAWA application concurrently with their Form I-485. However, such applicants may choose not to file applications concurrently. It is best to consult an experienced immigration attorney to discuss the ideal timeframe and application option for an individual applicant.

Forms Needed for a VAWA Application

There are a number of forms necessary in the entire VAWA application process. The exact forms required will vary depending on the specifics of the case. The following is a list of forms associated with a VAWA application. Not all the listed forms are required for all cases. An experienced attorney will be able to indicate which forms are required depending on the applicant and the specifics of their situation.

Form G-28, Notice of Appearance as Attorney
Form I-360, Self-Petition for Battered Spouse/Child
I-485, Application for Adjustment of Status
G-325A, Biographic Information
I-864W, Waiver of Affidavit of Support
I-693, Report of Medical Examination and Vaccination Record
Form G-28, Notice of Appearance as Attorney (for I-765)
I-765, Application for Employment Authorization

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Questions about VAWA?

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Does an Applicant have to Remain Married to their Abuser until the I-360 is Approved?

Victims of domestic violence do not have to remain married to their abusers for the sake of the VAWA application. A victim can file for a VAWA self-petition while they are married to their abuser, in the process of a divorce, or even after they are divorced. Victims can also divorce their abuser even if they have a pending I-360. Although any and all status changes will have to be disclosed and properly assessed by USCIS, there is absolutely no requirement for a victim to remain with their abuser for the purposes of the application. If an applicant is filing for VAWA self-petition after their divorce, it must be within 2 years of the date of the divorce.

Is Physical Abuse Required to Qualify for VAWA?

Although physical abuse is often the easiest form of abuse to document and show evidence of, physical abuse is not the only type of violence that qualifies someone for VAWA. Abuse can come in many different forms and abusers can often utilize multiple types of abuse to victimize. Some victimizers may not use physical violence at all but are still abusers inflicting pain and anguish on their victims. Abuse such as degrading behavior, threats, social isolation, intimidation, as well as economic control and manipulation are all types of abuse that can qualify a victim for VAWA that do not necessarily include any physical abuse. It is important to contact an experienced immigration attorney to discuss each case and the abuse suffered, especially to ensure that the proper evidence and documentation is provided for each case.

Can a VAWA Petition be Filed if the Abuser is not a US Citizen or LPR?

Immigrant victims of domestic abuse only qualify for a VAWA petition if their abuser is a US citizen or Legal Permanent Resident (LPR). If an abuser has some other immigration status or is undocumented or in the US with some expired status, then the victim does not qualify for a VAWA petition. It is important to note that a victim may have additional avenues to help them and so it is important to consult an immigration attorney to discuss other options.

Is an Attorney Required to File a VAWA application?

An attorney is not required to complete and file a VAWA application. However, the VAWA application process can be complicated. The specifics of an individual case will determine the forms necessary, the timeline and process of application, as well as determine eligibility. An experienced immigration attorney can be crucial to determining the proper steps, documents, and processes for each applicant. The assistance of an attorney can be critical to ensuring that all forms are correctly completed and submitted. This is especially important as incomplete forms, or associated mistakes can result in a rejected application. Attorneys also help to track your case over the extended period of time that it takes to complete the entire application process up to and including the adjustment of status and the associated interview. While not required, it is highly recommended that an applicant work closely with an immigration attorney to file their VAWA application.