New USCIS Policy Simplifies VAWA Green Card Process

Table of Contents

1. Introduction to the new USCIS policy
2. Overview of VAWA self petitions
3. Changes in proving shared residence
4. Easier approval for VAWA applicants
5. Broadening the good moral character requirements
6. Exemption for criminal convictions
7. Charges brought against both parties in domestic violence situations
8. Inclusion of stepchildren and stepparents in VAWA self petitions
9. Implementation of the USCIS changes
10. Conclusion

Introduction to the new USCIS policy

🔹 USCIS announces a new policy that affects VAWA self petitions, providing great news for more immigrants who will now be allowed to apply for a green card through their own self petition.

Overview of VAWA self petitions

🔹 VAWA self petition is a process that allows immigrants who have suffered extreme cruelty or battery by their U.S. citizen or lawful permanent resident spouse to request a ten-year green card without involving their spouse or them finding out. Both men and women can apply for VAWA, which may also make them eligible to request a work permit, deferred action, a travel document, and a ten-year green card.

Changes in proving shared residence

🔹 USCIS has recently announced a critical update to the criteria for proving shared residence in VAWA applications. Previously, the requirement was to prove that the petitioner and their spouse resided together and shared a home during the course of the marriage. However, with the new change, it is now sufficient to show that they have lived together at any time in the past. This change greatly simplifies the process for VAWA applicants, even if they did not share a residence after the date of legal marriage.

Easier approval for VAWA applicants

🔹 The recent change in USCIS criteria for proving shared residence makes it much easier for VAWA applicants to get approved. Previously, if the petitioner and their spouse only lived together before marriage and were unable to share a residence after marriage, they would not qualify. However, with the new change, they can now qualify to file for VAWA based on their previous shared residence.

Broadening the good moral character requirements

🔹 VAWA applications require the petitioner to demonstrate good moral character. Previously, certain criminal convictions within the three-year period before filing the VAWA application could bar approval. However, an exemption existed if the petitioner could show a relation between the abuse suffered and the criminal conviction. The recent USCIS announcement broadens this exemption, making more criminal convictions eligible to be waived for the good moral character requirement.

Exemption for criminal convictions

🔹 In domestic violence situations, charges can often be brought against both parties, even if only the abuser is perpetuating the crime. To address this, USCIS allows charges connected to battery or extreme cruelty to qualify for an exemption, ensuring that individuals who have suffered abuse can still meet the good moral character requirement.

Charges brought against both parties in domestic violence situations

🔹 The government recognizes that charges in domestic violence situations can be brought against both parties, causing unnecessary hurdles for VAWA applicants. By allowing charges connected to the battery or extreme cruelty to qualify for an exemption, USCIS ensures that victims of abuse are not unfairly penalized when applying for VAWA.

Inclusion of stepchildren and stepparents in VAWA self petitions

🔹 USCIS has announced a significant change that allows stepchildren and stepparents to be eligible for VAWA self petitions, even if the parent and stepparent went through a divorce. For example, if a child of an immigrant suffers extreme cruelty from their U.S. citizen stepparent and later the parent and stepparent get divorced, the child may still qualify for VAWA as long as they meet other eligibility requirements.

Implementation of the USCIS changes

🔹 USCIS has implemented these changes immediately, and they will apply to all VAWA self petitions that are currently pending or filed on or after February 10, 2022. This means that individuals who believe they now qualify should reach out to discuss their case and proceed with the application process.

Conclusion

🔹 The new USCIS policy brings significant changes to VAWA self petitions, making it easier for more immigrants to apply for a green card based on their own self petition. The changes include updates in proving shared residence, broadening the exemption for criminal convictions, and the inclusion of stepchildren and stepparents in VAWA self petitions. These changes aim to streamline the process and ensure that survivors of extreme cruelty or battery can access the protections and benefits provided by VAWA.