The Complete Guide to VAWA Self Petition for Protection Against Domestic Violence

Table of Contents

1. Introduction
2. What is VAWA?
3. Eligibility for VAWA
   • 3.1. Extreme cruelty or battery by a spouse
   • 3.2. Extreme cruelty or battery by a child
   • 3.3. Extreme cruelty or battery by a parent
   • 3.4. Extreme cruelty or battery by a former spouse
   • 3.5. Extreme cruelty or battery by a lawful permanent resident
4. Applying for VAWA
   • 4.1. Case processing time
   • 4.2. Benefits of VAWA approval
5. Proving extreme cruelty or battery
   • 5.1. Types of evidence
   • 5.2. Examples of evidence
   • 5.3. Proving a legitimate and good faith marriage
   • 5.4. Verifying the status of the spouse
6. Submitting the VAWA application
   • 6.1. Required documents
   • 6.2. Identity verification
   • 6.3. Criminal history documentation
   • 6.4. Medical examination
   • 6.5. Waivers for immigration violations
7. Filing the I-360 and I-485 forms
   • 7.1. Filing together or separately
   • 7.2. Employment authorization and travel permission
   • 7.3. Impact of not requesting advance permission
8. Filing for VAWA after divorce or outside the US
9. Prima facie determination and interview process
   • 9.1. Interview focus and eligibility questions
10. Appeals and denial of VAWA cases
11. Approval and adjustment of status
12. Conclusion

What is VAWA and How to Apply for Protection Against Domestic Violence?

Domestic violence is a pervasive problem that affects countless individuals. Victims of domestic violence in the United States who are married to U.S. citizens or green card holders have the option to apply for protection under the Violence Against Women Act (VAWA) and self-petition for a green card. VAWA provides not only protection against deportation but also a work permit and legal status within the country. This article will guide you through the process of applying for VAWA and the steps to take to ensure your eligibility.

Eligibility for VAWA

Under VAWA, several categories exist for qualifying applicants. These include individuals who have experienced extreme cruelty or battery by their spouse, child, parent, former spouse, or lawful permanent resident spouse. There is no discrimination based on gender; both men and women can seek protection under VAWA.

Extreme cruelty or battery by a spouse

If you have suffered extreme cruelty or battery by your U.S. citizen or green card holder spouse, you may be eligible to apply for VAWA protection.

Extreme cruelty or battery by a child

If you are the parent of a 21-year-old U.S. citizen child and have experienced extreme cruelty or battery by your child, you may qualify for protection under VAWA.

Extreme cruelty or battery by a parent

If you are the child of a U.S. citizen who has committed extreme cruelty or battery against you, VAWA protection may be available.

Extreme cruelty or battery by a former spouse

If you have suffered extreme cruelty or battery from a former spouse who is a U.S. citizen or green card holder, applying for VAWA may be an option for you.

Extreme cruelty or battery by a lawful permanent resident

In cases where a lawful permanent resident spouse, former spouse, or parent has subjected you to extreme cruelty or battery, you may be eligible to seek protection under VAWA.

Applying for VAWA

Once you have determined your eligibility for VAWA, the next step is to start the application process. It is important to note that VAWA cases can take approximately two years or even longer to process.

Case processing time

Patience is crucial when applying for VAWA, as the approval process can be time-consuming. On average, it takes around two years for a VAWA case to be processed. However, the exact processing time may vary.

Benefits of VAWA approval

When your VAWA application is approved, you will receive a work authorization under Category C31. This work permit allows you to travel freely within the United States. Additionally, you may be eligible to apply for adjustment of status for a green card. Even if you entered the country illegally or fell out of lawful status, you may still be able to legalize your children without filing separate applications.

Proving extreme cruelty or battery

In order to establish your eligibility for VAWA, providing evidence of the extreme cruelty or battery you have endured is essential. The law regarding VAWA is intentionally flexible because it acknowledges the difficulty in proving physical or emotional abuse.

Types of evidence

VAWA accepts any credible evidence to support your claim of extreme cruelty or battery. While physical violence is a common perception of abuse, emotional abuse, which is less well-known and understood, also qualifies. Controlling behaviors, threats, unwanted sexual contact, and other forms of toxic behavior meant to control you can be evidence of extreme cruelty.

Examples of evidence

Evidence of extreme cruelty or battery can come in various forms, such as police reports, court documents, psychologists' evaluations, hospital records, and written witness statements from friends and family. Additionally, you must provide proof of your legal marriage, its legitimacy, and whether your spouse is a U.S. citizen or green card holder.

Proving a legitimate and good faith marriage

Proving the legitimacy and good faith nature of your marriage can be challenging. If you lack evidence to establish your spouse's U.S. citizenship or green card holder status, you can submit other documentation to request verification from USCIS. Providing copies of your spouse's passport, green card, U.S. birth certificate, or certificate of naturalization will speed up the process.

Submitting the VAWA application

To submit your VAWA application, you must compile and include all the required documents. These documents will establish your eligibility and provide evidence of the abuse you have suffered. Ensuring the completeness and accuracy of your application is crucial.

Required documents

Along with the completed form I-360 and form I-485 for adjustment of status, you will need to include a declaration affirming your eligibility. This declaration should detail your relationship history and the abuse you have endured. Furthermore, you must submit proof of your spouse's U.S. citizenship or green card holder status, or evidence of the family relationship involved in your VAWA case. The application should include evidence of the abuse you have experienced, as discussed earlier, along with a safe address for USCIS to send communications.

Identity verification

Proof of your identity is necessary and can be provided through a birth certificate and passport. Additionally, any criminal history or lack thereof must be documented with a good conduct certificate from your local police station or an FBI fingerprint check. Two passport-style photos should also be included with the application.

Criminal history documentation

If you have a criminal history, it should be documented in your application. Similarly, if you have no criminal history, you can include documentation to support this. Disclosure of any previous immigration violations is essential.

Medical examination

While not required to be submitted with the initial application, you may choose to send your form I-485 with a copy of your I-693 medical examination. You can also submit this during your interview or if USCIS specifically requests it.

Waivers for immigration violations

If you require waivers for any immigration violations, such as misrepresentation, you can submit forms I-212 or I-601 along with your I-485.

Filing the I-360 and I-485 forms

You have the option to file the form I-360 and I-485 together or separately. If filing separately, the I-360 must be filed first, and when you are ready to file the I-485, include a copy of the receipt for the I-360. If you plan to work or travel during the application process, you can submit form I-765 for an employment authorization document and form I-131 for travel permission.

Filing for VAWA after divorce or outside the US

Even if you are divorced from your spouse, you can still file for VAWA within two years of your divorce date. You must establish a connection between the divorce and the abuse you have suffered. In some cases, individuals outside the United States may also be eligible for VAWA if a portion of the abuse occurred within the country or if the abusive spouse is a member of the U.S. uniformed services or government.

Prima facie determination and interview process

Once you have submitted your VAWA application, you may receive a prima facie determination within three to five months. This determination is not an official approval but indicates that your case is progressing well. After receiving the determination, you will need to attend an interview for your I-485 after your I-360 is approved. During this interview, questions will focus on your eligibility for a green card, including criminal history and prior immigration violations. You will not be asked about the abuse you have endured.

Appeals and denial of VAWA cases

In the event that your VAWA case is denied, you will receive a denial letter explaining the appeal process. You can file a notice of appeal along with the required fee at the USCIS Vermont Service Center within 33 days of the denial.

Approval and adjustment of status

If your VAWA case is approved and your abuser is a U.S. citizen, your adjustment of status will be issued around the same time. However, if your abuser is a green card holder, you must wait for your priority date to become current according to the visa bulletin before your adjustment of status application can proceed. Despite this delay, once your VAWA is approved, you will receive a work authorization that allows you to remain in the United States.

Conclusion

Navigating through the VAWA system and escaping an abusive relationship can be challenging, but it is possible. Seeking legal assistance is highly recommended to ensure the strongest case possible. If you believe you qualify for VAWA protection, reach out for a confidential consultation to discuss your case. Remember, help is available, and you deserve to live free from abuse.

Highlights:

• Violence Against Women Act (VAWA) provides protection against domestic violence for individuals married to U.S. citizens or green card holders.
• VAWA offers benefits such as protection against deportation, work permits, and legal status in the United States.
• Eligibility for VAWA includes experiencing extreme cruelty or battery by a spouse, child, parent, former spouse, or lawful permanent resident.
• Proving extreme cruelty or battery requires credible evidence, including police reports, court documents, and witness statements.
• The VAWA application process involves submitting the I-360 and I-485 forms, along with required documents and evidence of abuse.
• Filing for VAWA after divorce or outside the U.S. is possible under certain circumstances.
• The interview process focuses on eligibility for a green card, not the abuse endured.
• Appeals can be filed if a VAWA case is denied, and approval grants adjustment of status and work authorization.

FAQ

Q: Is VAWA only available to victims of domestic violence by their spouses? A: No, VAWA also extends protection to individuals who have experienced extreme cruelty or battery by their children, parents, former spouses, or lawful permanent resident spouses.

Q: Can men apply for VAWA protection? A: Yes, VAWA does not discriminate based on gender, so both men and women can seek protection under its provisions.

Q: How long does the VAWA application process take? A: On average, the processing time for a VAWA case is approximately two years or longer.

Q: What evidence is required to prove extreme cruelty or battery? A: VAWA accepts any credible evidence, including police reports, court documents, psychologist evaluations, hospital records, and witness statements.

Q: Can I file for VAWA if I am divorced from my abuser? A: Yes, you can still file for VAWA within two years of your divorce date, provided you can establish a connection between the divorce and the abuse you have suffered.

Q: Can I work or travel during the VAWA application process? A: Yes, you can apply for an employment authorization document and travel permission along with your VAWA application.

Q: What happens if my VAWA case is denied? A: If your VAWA case is denied, you will receive a denial letter explaining the appeals process, which involves filing a notice of appeal within 33 days of the denial.

Q: What benefits do I receive if my VAWA case is approved? A: If your VAWA case is approved, you will receive a work authorization and, depending on your abuser's status, have the opportunity to adjust your status and apply for a green card.

Q: Can I apply for VAWA if I am outside the United States? A: In certain circumstances, individuals outside the U.S. can apply for VAWA if a portion of the abuse occurred within the country or if the abuser is a member of the U.S. uniformed services or government.

Q: Should I seek legal assistance when applying for VAWA? A: It is highly recommended to seek legal assistance when applying for VAWA to ensure the strongest case possible and navigate the application process successfully.