I-360, VAWA

An abused spouse or child of a U.S. citizen or lawful permanent resident, or an abused parent of a U.S. citizen son or daughter under the Violence Against Women Act (VAWA);

What is VAWA?

VAWA is an acronym for Violence Against Women’s Act of 1994. Suppose you are a noncitizen and abused by your U.S. citizen or lawful permanent resident relative. In that case, you may independently petition for yourself (self-petition) for immigrant classification without your abuser’s knowledge, consent, or participation in the immigration process. The VAWA self-petition allows you, as a victim of domestic violence, to seek both safety and independence from your abusive spouse or children, as the case may be.

Who may self-petition under VAWA?

There are three different types of noncitizen family members of a U.S. Citizen or green card holder who may file a self-petition for immediate relative or family-sponsored immigrant classification with USCIS under VAWA.

First, the spouses;

Second, the children, and

Third, parents of U.S. citizens who are 21 or older.

If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence in the U.S. and obtain a Green Card. The VAWA petition can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.

How do you qualify for a VAWA Self-Petition?

The Violence Against Women Act is confusing because you may think that the abuse has to be violently aggressive. However, VAWA qualification is not limited to physical abuse. You may be a victim of different types of abuse – it can be emotional, psychological, verbal, or financial. Also, you need not be a woman to qualify under VAWA. A victim of extreme cruelty inside a home can be a man, a child, a parent, and a member of the LGTBQ+ community.

Any of the following family members who are victims of abuse by a U.S. citizen or lawful permanent resident can self-petition under VAWA:

You were a victim of abuse from your spouse or former spouses (must be divorced and file in less than two years);

You are a child or step-child (21 years old or less);

You are a parent of a U.S. Citizen (above the age of 21)

Supporting documents to show eligibility under VAWA:

You may file your self-petition with any credible, relevant evidence of your eligibility by providing the following documentation:

1. Evidence of the abuser’s U.S. citizenship or lawful permanent resident status;
2. Marriage and divorce decrees, birth certificates, or other evidence of your legal relationship to the abuser;
3. One or more documents showing that you and the abuser have resided together;
4. Evidence of the abuse;
5. If you are 14 years of age or older, your affidavit of good moral character accompanied by a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the three years immediately before the filing of your self-petition. An FBI background investigation report may suffice, and
6. If you are a spouse, submit evidence showing your marriage was entered in good faith;

Note: A VAWA self-petitioner may submit any relevant, credible evidence in place of the above-suggested evidence.

Source: USCIS

You may refer to your personalized filing instructions from Fil Am Law Firm based on your specific situation. Our simple instructions provide details on supporting documents with samples if you need them. Upon hiring and providing Fil Am Law Firm with your information and supporting documents, our legal team will organize the package and mail it to the USCIS with your prepaid government filing fee.