What is a VAWA Self-Petition?
A VAWA self-petition is a way for individuals in abusive relationships with a U.S. citizen or lawful permanent resident (LPR) to apply for a green card on their own. Typically, non-citizens need their spouse, parent, or adult child to sponsor them. However, if that family member is abusive, the Violence Against Women Act (VAWA) allows the victim to file independently. This process is confidential—USCIS does not notify the abusive relative—making it a safer option for those in harmful situations.
At Odunlami Law, we are dedicated to supporting clients in their journey toward permanent residency. If you are experiencing abuse and seeking a way forward, we are here to guide you on how to file a VAWA self-petition and explain what the process involves.
Who Qualifies for a Self-Petition Under VAWA?
You may qualify for a VAWA self-petition if you are:
- The spouse of a U.S. citizen or LPR who has been abusive. This includes divorced spouses if the divorce occurred due to abuse within the last two years.
- The child of an abusive U.S. citizen or LPR, if you are under 21 years old and unmarried.
- The parent of a U.S. citizen (aged 21 or older) who has subjected you to abuse.
Abuse can take many forms—physical, emotional, psychological, or financial—and all are recognized under VAWA. If you have experienced any form of abuse, you should know that VAWA may provide a path to relief.
Requirements for VAWA Self-Petitioning
To meet the VAWA self-petition requirements, you need to establish the following:
- You have a relationship with an abusive U.S. citizen or lawful permanent resident.
- You live in the U.S. and have lived with the abuser at some point.
- The abuser is a U.S. citizen or lawful permanent resident.
- You have experienced abuse or extreme cruelty at the hands of the U.S. citizen or lawful permanent resident.
- You can show good moral character, typically with a clean criminal record.
How to File a VAWA Self Petition
Filing a VAWA self-petition involves several detailed steps. Here is how the process typically works:
Complete Form I-360
Start by filling out Form I-360. This is the official petition for those applying as self-petitioners under VAWA. Make sure to provide accurate information about your relationship and the abuse you have experienced.
Gather Your Evidence
You should then begin collecting all the documents that support your case:
- Proof of your relationship with the abuser (marriage, birth, or adoption certificates).
- Evidence of abuse, including any relevant reports, statements, or photos.
- Documentation that you lived with the abuser at some point.
- Character references to demonstrate your good moral character.
Write Your Personal Declaration
You will need to write a VAWA declaration letter detailing your relationship with the abuser and the hardships you faced. This personal statement should be honest, detailed, and specific. You can include descriptions of incidents, how the abuse affected you, and why you’re seeking protection through VAWA.
Submit Your Form I-360 and Supporting Documents
Once you have completed the form and gathered all your evidence, submit your application to the U.S. Citizenship and Immigration Services (USCIS). Double-check everything to make sure there are no mistakes or missing information.
Prima Facie Determination
After reviewing your case, USCIS may issue a prima facie determination, which indicates that you have provided sufficient evidence to support your claim and are eligible for VAWA protection. This determination allows you to access certain public benefits while your application is pending, although it does not guarantee final approval.
Respond to USCIS Requests for Additional Information
USCIS may request more information or documentation. If you receive a Request for Evidence (RFE), provide the requested details as soon as possible to avoid delays.
Await USCIS Decision
After submission, USCIS will review your petition. If your Form I-360 is approved, you can proceed to the next step: applying for a green card through Form I-485 if you meet the requirements.
How Odunlami Law Can Help
The VAWA self-petition process can be challenging, and mistakes may result in delays or denials. At Odunlami Law, we focus on immigration cases, offering guidance for each aspect of the VAWA self-petition process. Our firm can help you:
- Determine if you meet VAWA self-petition eligibility requirements.
- Organize and prepare all required evidence and documentation.
- Review and complete Form I-360 to ensure accuracy.
- Help you write a compelling personal declaration for your case.
- Respond promptly to any USCIS requests and track your case status.
Choosing the right VAWA lawyer can significantly improve the chances of success in your case. By working with Odunlami Law, you can feel confident that your VAWA self-petition is filed correctly and that you have steady support throughout this process.
Contact Our VAWA Attorneys Today
Contact Odunlami Law for a confidential consultation to learn how we can assist you with your VAWA self-petition and help you take steps toward safety and stability. Located in New Jersey, we proudly serve clients nationwide, providing trusted, professional legal services to those seeking relief and a new beginning.
