The Violence Against Women Act (VAWA) is designed to protect victims of domestic violence, dating violence and sexual assault. Under VAWA, certain spouses, including those married to U.S. citizens or lawful permanent residents (LPRs) who have experienced abuse, may be eligible to apply for a self-petitioning visa to remain in the U.S. independently of their abusive partner.
VAWA is not limited to spouses, and it also extends protection to victims of domestic violence who are children of U.S. citizens or lawful permanent residents, as well as certain parents of U.S. citizen children. These individuals may qualify for VAWA relief if they meet the necessary criteria and have been subjected to abuse.
What are the eligibility requirements for VAWA?
For an individual to qualify for a self-petitioning visa under VAWA, they must meet several eligibility requirements, including:
- Show that they were subjected to battery or extreme cruelty by the U.S. citizen or lawful permanent resident during the qualifying relationship.
- Be a person of good moral character.
- Have a qualifying relationship with an abusive U.S. citizen or lawful permanent resident, which may include proof that they are a parent, child or spouse/former spouse of the abuser.
- Provide evidence that they reside or have resided with the abuser.
- Show that the relationship was entered into in good faith (for self-petitioning spouses only).
- Demonstrate eligibility for immigrant classification as an immediate relative or under a family-based preference category.
In addition to the above, the petitioner must file a Form I-360 with U.S. Citizenship and Immigration Services (USCIS) and submit comprehensive evidence to support their claims.
What are the reasons for VAWA denial?
VAWA applications can be denied for reasons such as false information, incorrect filing procedures, missed deadlines and the use of incorrect or incomplete forms. Legal guidance can be helpful in these situations, helping ensure that all documentation is accurate and filing procedures are properly followed within set deadlines.