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VAWA

WHO IS ELIGIBLE TO APPLY FOR VAWA?

You may be eligible to apply for VAWA if you:
  • are married to that U.S. Citizen or Lawful Permanent Resident
  • are the child of a U.S. Citizen or Lawful Permanent Resident
  • are the parent of a child who was abused by their U.S. Citizen or Lawful Permanent Resident parent
  • are a parent of a U.S. Citizen son or daughter
    AND
    you were abused by them.

 

WHAT BENEFITS DOES VAWA PROVIDE?

An individual who is approved for VAWA:
  • receives protection from deportation
  • can work lawfully
  • becomes eligible to apply for a green card
  • can include certain family members in your VAWA petition

 

WHAT DO I HAVE TO SHOW TO APPLY FOR VAWA?

There are several requirements that need to be met and proven when applying for VAWA. You will need to demonstrate that you:

 

  1. are the spouse or child of a U.S. Citizen or Lawful Permanent Resident or the parent of a U.S. Citizen adult son or daughter,
2. were abused by the U.S. Citizen or Lawful Permanent Resident family member,
a. Threatening to beat or terrorize you b. Emotionally abusing you, such as insulting you at home or in public c. Forcing you to engage in sexual activities d. Threatening to deport you or turn you over to immigration authorities e. Controlling where you go, what you can do, and who you can see
  1. lived with the abuser at some time,
  2. with some exceptions, are currently living in the United States,
    AND
  3. are a person of good moral character.

 

IF YOU ARE APPLYING AS A SPOUSE THEN YOU MUST ALSO SHOW THAT YOU

 

  1. are legally married and in a bona fide marital relationship

 

VAWA Process

The VAWA self-petition is filed on the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).  An approved Form I-360 provides self-petitioners with immigrant classification as either immediate relatives or under a family-based preference category and allows them to apply for LPR status. An approved I-360 will work the same way as an approved I-130 petition from a US citizen spouse or adult son or daughter.
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