Some sections of the Violence Against Women Act (VAWA) provide immigration benefits to eligible children, parents, and spouses who have suffered violence at the hands of Lawful Permanent Residents or U.S. citizens.
Some foreign nationals, under VAWA, do not have to depend anymore on their family-member abusers – to get assistance in receiving lawful status in the U.S. With a USCIS Form I-360, they can self-petition for a green card. Read on and learn how to determine your VAWA green card eligibility or whether – under VAWA, you are eligible for a green card.
Getting a VAWA Green Card – What are the Eligibility Requirements?
Suppose you want to be eligible under VAWA for a green card. You have to show proof that you satisfy the requirements based on whether you are the spouse, child, or parent of a permanent resident or citizen of the U.S. VAWA, however, is equally applicable to female and male petitioners.
Relatives of U.S. non-immigrants having temporary visas cannot get a green card under VAWA. However, at least a few of them might be capable of applying for a work permit. You can check out instructions for abused spouses with temporary visas and how to file for Form I-765V.
The Abuser Was/is a Lawful Permanent Resident / U.S. Citizen
Your relative who qualifies needs to have been a Lawful Permanent Resident (LPR) or U.S. citizen (USC). Still, under VAWA, you can file an I-360 self-petition if the abuse happened before the abuser became a green card holder or citizen.
You may also file a petition under VAWA if the abuser loses their citizenship or permanent residence in the U.S. f your abusive family member lost their LPR status due to a domestic violence incident, you need to file the I-360 petition within two years of their status loss.
You Are the Parent of a USC Abuser/Child or Spouse of a USC Abuser or LPR
VAWA green cards can be availed after VAWA green card petitions by:
- Battered ex-spouses and spouses and kids of LPRs and USCs.
- Battered parents of USC kids who were 21 years old at least when the application was made.
- Unmarried kids less than 21 can also be included on the VAWA I-360 self-petition of a battered spouse or ex-spouse.
In case there is a divorce due to cruelty or abuse, a VAWA petition can still be filed by ex-spouses in just two years after the marriage ends. In the same way, in case there is the death of the abuser, a VAWA I-360 self-petition can be filed within just two years of the death.
If a petition is filed and then the marriage ends, it does not have an impact on the VAWA petition in any way. But the petition will be denied in case you remarry before the VAWA petition is approved.
Battered/Abuse happened during the relationship.
As per the law, the self-petitioner has to show that they have been the subject of extreme cruelty or been battered by the USC family member or LPR. The instances of “battery” include sexual abuse and physical violence. According to the U.S. Citizenship and Immigration Services (USCIS), “extreme cruelty” is defined as threatening behaviors such as:
- Forcible detention
- Threats to deport or harm you
- Controlling behaviors
- Emotional abuse
USCIS will also consider “extreme cruelty” in detaining you forcibly against your will and using other behaviors to get you scared. The list is not exhaustive by any means, and the entirety of the circumstances will be considered by the USCIS while taking a decision on whether you have suffered extreme cruelty or been battered.
Marriage must have been entered with LPR or USC in good faith
“Good faith” means a genuine marriage with USC or LPR spouse and not solely entered into to get a green card. In case of a fraudulent marriage, you will not be eligible through VAWA for a green card – similar to your non-eligibility for a green card with regular petitioning processes.
You should live in the U.S., with some exceptions.
To be able to file a petition under VAWA, you need to reside in the U.S. (in most cases). But you may file in case you are staying abroad, in case the abuser happens to be a U.S. armed services or government employee, or if the abuse occurred in the U.S.
You need to have stayed With the USC Abuser / LPR sometime.
There is no specification in the VAWA on what living with the abuser means. For a green card under VAWA, no length of time is mentioned for which you need to have stayed with the abuser. Also, there is no need for you to be living with the abuser currently. Thus, this requirement can be satisfied even if you have just spent with the abuser in the same apartment or house a short amount of time.
You should have sound moral character.
For the past three years, you should have been an individual with decent moral character to be eligible for relief under VAWA. The signs of good moral character include:
- Not harming or persecuting others
- Not lying under oath
- Not indulging in illegal gambling
- Not using drugs
- Not being a habitual drunkard
- Not having a criminal history
What If You Become Eligible for VAWA Green Card?
You have to file Form I-360 and furnish supporting evidence with USCIS. This is the first step to applying for a VAWA-based green card. Then, based on whether your petition is approved or concurrently, based on your status adjustment eligibility, you can use Form I-485 to file an application for a U.S. green card for LPR. Also, take professional help if needed
Remember that you need to submit official documents and statements to demonstrate that you meet these eligibility criteria, which is a key part of this application process to obtain a green card under the Violence Against Women Act (VAWA).
