VAWA

Obtaining Legal Immigration Status through VAWA

The Violence Against Women Act (VAWA) is a crucial piece of legislation in the United States that offers protection and support to victims of domestic violence. Among its many provisions, VAWA allows certain victims to obtain legal immigration status independently of their abuser. This is a lifeline for many, providing a path to safety and stability.

Understanding VAWA and Its Importance

VAWA was enacted in 1994 to address the needs of victims of domestic violence, sexual assault, and stalking. One of its critical components is the ability for abused spouses, children, and parents of U.S. citizens and lawful permanent residents (LPRs) to self-petition for legal status. This means that victims do not have to rely on their abusers to gain or maintain their immigration status, thereby helping to break the cycle of abuse and control.

Eligibility for VAWA Self-Petitioning

To qualify for a VAWA self-petition, the applicant must meet specific criteria:

1. Relationship to the Abuser: The applicant must be:

• The spouse or former spouse of a U.S. citizen or LPR.
• The child of a U.S. citizen or LPR.
• The parent of a U.S. citizen.

• Proof of Abuse: The applicant must provide evidence of abuse, which can include:

• Police reports, medical records, or restraining orders.
• Affidavits from individuals who have witnessed the abuse.

• Good Moral Character: The applicant must demonstrate good moral character, typically shown through a lack of a significant criminal record. If you have a criminal record, an attorney can assist you in determining whether it will affect your VAWA application.

• Residence Requirements: The applicant must have lived with the abuser at some point.

The VAWA Self-Petition Process

The process for obtaining legal immigration status through VAWA involves several steps:

1. Filing Form I-360: The primary form used for VAWA self-petitioning is Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form must be completed and submitted to U.S. Citizenship and Immigration Services (USCIS) along with the necessary supporting documentation.

• Supporting Documentation: In addition to Form I-360, the petitioner must provide:

• Evidence of the relationship to the abuser (e.g., marriage certificate, birth certificate).
• Proof of the abuser's U.S. citizenship or LPR status.
• Evidence of abuse (e.g., police reports, medical records).
• Evidence of good moral character (e.g., police clearance certificates, affidavits).

• Prima Facie Determination: Upon receiving the petition, USCIS may issue a prima facie determination. This is a preliminary finding that the petitioner appears eligible for VAWA benefits. While not an approval, it can be used to access certain benefits, such as public assistance, while the petition is pending.

• Approval of Form I-360: If USCIS approves the Form I-360, the petitioner may then apply for adjustment of status to become a lawful permanent resident (LPR) using Form I-485, Application to Register Permanent Residence or Adjust Status.

• Filing Form I-485: This form can be filed concurrently with Form I-360 or after its approval. The petitioner must also submit:

• Form I-693, Report of Medical Examination and Vaccination Record.
• Proof of any previous entries and exits from the U.S.
• Evidence of financial support.

• Biometrics and Interview: USCIS will schedule a biometrics appointment to collect the petitioner’s fingerprints, photograph, and signature. An interview may also be required to assess the application.

• Decision on Adjustment of Status: If the adjustment of status application is approved, the petitioner will become a lawful permanent resident. They will receive a green card, which serves as proof of their legal status in the U.S.

Current Status of VAWA Provisions

VAWA remains a vital part of U.S. immigration law, offering protection to victims of domestic violence. However, the legislation requires periodic reauthorization by Congress. The last reauthorization occurred in March 2022, extending VAWA’s provisions and adding new protections for victims. It is essential for applicants and legal professionals to stay informed about the latest updates and changes to VAWA to ensure compliance with current requirements.

Challenges and Considerations

While VAWA provides a critical pathway to legal status for many victims, the process can be complex and daunting. Some of the challenges include:

1. Gathering Evidence: Collecting sufficient evidence to prove abuse and the relationship to the abuser can be challenging, especially if the victim has limited access to documentation.

• Legal Assistance: Navigating the VAWA self-petition process often requires legal expertise. Many applicants benefit from the assistance of immigration attorneys who specialize or  have experience in VAWA cases.

• Processing Times: USCIS processing times for VAWA petitions can vary, leading to uncertainty and stress for applicants. Staying informed about current processing times and any potential delays is crucial.

• Emotional and Psychological Impact: The process of reliving and documenting abuse can be emotionally and psychologically taxing for victims. Access to supportive services, including counseling, is essential.

The Violence Against Women Act (VAWA) offers a lifeline to victims of domestic violence, providing a pathway to legal immigration status in the United States. By allowing victims to self-petition independently of their abusers, VAWA empowers individuals to escape abusive situations and build safer, more stable lives. Understanding the eligibility criteria, application process, and current status of VAWA provisions is crucial for anyone seeking to benefit from this important legislation.

If you or someone you know is considering a VAWA self-petition, seeking the assistance of an experienced immigration attorney can make a significant difference in navigating this complex process. At Kairos Law, PLLC we are ready to navigate this process in the most empathetic and efficient way for the victims.