What is VAWA?
VAWA or the Violence Against Women Act offers protections and allows victims of domestic violence or spousal abuse to “self-petition” to obtain a green card without the cooperation of the U.S. citizen or permanent resident relative who is abusing them. VAWA applies to women, men, and children.
Who does VAWA protect and who is eligible to self-petition?
Spouses, former spouses (must be divorced and file in less than two years), of abusive U.S. citizens or lawful permanent residents.
The children of abusive citizens or lawful permanent residents who file before turning 21 (or 25, if the delay can be linked to the abuse)
Parents of U.S. citizens (aged 21 and over)
Parent of abused children of U.S. citizen or lawful permanent resident.
What is the process of filing for VAWA?
You must complete and file a Form I-360 (VAWA). You can choose to file a one-step by filing the I-360 with the Form I-485 bundle at the same time. If your abusive spouse is a green card holder, you may need to wait until your priority date is reached before filing Form I-485.
You will also be required to provide the following;
Police clearance or FBI report
Proof of marriage in good faith
Your good moral character (letters of recommendation, awards, etc)
Identifying documents including birth certificate, passport, driver’s license, immigration documents proving your identity and current status
The immigration status of the citizen or LPR spouse, parent, or child
Proof of residence with the abusive family member (lease, utility bills, a letter from your landlord.)
Proof that you live in the United States
Evidence of abuse
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How long does it take for VAWA to be approved?
After you have submitted your VAWA application, it could take between 16 and 24 months to process and approve your VAWA case. Be sure to look out for the following documents as you await USCIS approval of your application.
A letter to send in additional documentation or proof. You will have 60 days to respond
Your “Prima Facie Approval” letter which will entitle you to basic public assistance. This does not mean that your application has been approved but it is a good sign
An approval letter for your self-petition. (if you haven’t filed your Form I-485 (adjustment to green card or lawful permanent residence), you should do so now.
Or a denial letter
What benefits are included in VAWA?
After you have received your “Prima Facie Approval” letter, you may be entitled to public assistance, including the following.
Medicare or Medicaid
Public Housing
Food Stamps
Substance Abuse and Mental Health Services
Temporary Assistance for Needy Families
What can I do while I wait for my VAWA approval?
It is completely understood that this is an overwhelming and difficult time. However, while you are waiting for USCIS to approve your I-360 there are a number of things you can do.
Once you receive your “Prima Facie Approval” letter start applying for services you need
You may want to look for a support group
Although you may want to travel abroad to visit family and friends it is highly advised to not travel outside of the United States.
Call the Nation Domestic Violence Hotline for additional support and services
Speak to an immigration lawyer to find out your rights and to help you file.
Apply for a job once you receive your work permit. Being able to support yourself and get a job during this process is empowering.
Read more about VAWA;
How to Write Your Personal Declaration Letter for VAWA Self-Petition
Are you looking for immigration services or more information regarding your fiancé visa or marriage-based green card? We can help.
Contact the Odunlami Law Firm at 973-993-1900 or email us iao@odunlamilaw.com
If you need an employment visa, wish to immigrate, or want to help bring a family member to the United States, the Odunlami Law Firm can help. If you are facing deportation or removal for any reason, you need our help. You may contact the law office for more information or to schedule an appointment.
Areas of Immigration Law:
Naturalization (Citizenship) Application
Immigrant Relative Petitions
Fiancé Visa Applications
Adjustment of Status and Consular Processing
Criminal Consequences and Deportation Defense
Violence Against Women Act (VAWA) Application
Special Immigrant Juvenile Status
Green Card Renewals
Temporary Work Visas
Temporary Protected Status
Deferred Action for Childhood Arrivals
Waivers
