VAWA “Self-Petition”

Pursuant to the Violence Against Women Act (VAWA), victims of domestic violence, child abuse, or elder abuse may “self-petition” for Legal Permanent Residence (LPR) status without the assistance or cooperation of an abusive, spouse, parent, or adult child.

Victims of spousal abuse may else “self-petition” if they are divorced. However, the petition must be filed within 2 years of the divorce or the victim is no longer eligible. Further, there must be a connection between the divorce and the domestic violence

Are you eligible to self-petition?

1. You are the victim of battery or extreme cruelty committed by:

   • A U.S. Citizen spouse of former spouse

   • A U.S. Citizen parent

   • A U.S. Citizen son or daughter

   • A Lawful Permanent Resident (LPR) spouse of former spouse, or

   • An LPR parent

2. You must also prove the following:

   • Good faith marriage if the abuser is a spouse or step-parent:

     • Birth Certificate(s) of Children

     • Photographs of Self-Petitioner and Abuser

     • Insurance policies with spouse listed

     • Property leases

     • Properly filed tax forms, and/or

     • Bank statements

   • The relationship to the abuser:

     • Marriage Certificate

     • Divorce Decree

   • The immigration status of the U.S. Citizen or LPR spouse, parent, or child:

     • Birth Certificate

     • U.S. Passport

     • I-130 Petition Approval Notice

   • Good moral character:

     • Local police clearance letters

     • State Criminal Record Check

     • Declarations from members of the community

   • Residence with the abusive family member:

     • Lease or Rental Agreements

     • Utility or Other Bills

     • Declaration

     • Letters from friends/relatives/neighbors

   • Parent-child relationship if the applicant is a non-abusive noncitizen parent whose U.S. Citizen or LPR spouse perpetrated the abuse

   • Abuse:

     • Restraining or Exclusion Orders

     • Police Reports

     • 911 Transcripts

     • Medical Records

     • Mental Health/Counseling Records

     • School Records

     • Photographs

     • Letters or messages from Abuser

     • Police Statements

What Documents are Required for VAWA?

• Beyond the evidence needed above, the following needs to be filed:

  • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

  • If you are an immediate relative (spouse, unmarried child under 21 years old, or parent) and are not subject to any grounds of inadmissibility, you may file Form I-485 concurrently with Form I-360

    • If you file Form I-360 and I-485 together, you must submit 2 Passport-style photos

  • If you are subject to any grounds of inadmissibility, you must file a waiver or Form I-601

• Corresponding filing fee

What happens if my VAWA Self-Petition is Approved?

• An approved VAWA self-petition allows the applicant to receive work authorization, deferred action, and an approved noncitizen petition which then allows him or her to apply for Lawful Permanent Residence (LPR).

• Keep in mind that when the individual applies for LPR status, he or she is subject to the family preference system and any backlogs that presently exist.

  • So, spouses and children of U.S. Citizens may apply immediately and receive a green card as an immediate relative.

  • However, spouses and children of LPR abusers are placed into the family preference system.