VAWA (Violence Against Women Act) Explained

What is VAWA?

VAWA is the abbreviation of the Violence Against Women Act that is commonly used to refer to a Green Card self-petition through Form I-360 if one is the victim of battery or extreme cruelty committed by a US citizen or legal permanent resident (LPR) relative.

What is a VAWA Petition?

A VAWA petition is a type of Green Card petition where, instead of the US citizen or permanent resident relative, the person seeking a Green Card petitions for themselves. This self-petition is filed by an abuse victim whose abuser is a US citizen or legal permanent resident spouse, US citizen or legal permanent resident parent or a US citizen son or daughter. In this case, the victim can seek a Green Card by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. 

What are the Benefits of a VAWA Petition?

• A VAWA petition allows for self-petitioning by bypassing the abusive relative, which creates an alternative and safe way for victims to access Green Card.
• The self-petitioner can add their dependents to their application to keep the family united.
• VAWA applications are available for both men and women.
• VAWA petitions allow access to public benefits.

Who Qualifies For VAWA?

Anyone who has suffered abuse an/or extreme cruelty from a

• US citizen spouse or,
• LPR spouse or,
• US citizen parent or,
• LPR parent or,
• US citizen so or daughter,

qualifies for a VAWA petition.

What are Some Examples of VAWA Abuse?

Types of abuse accepted under VAWA include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Financial abuse
• Psychological abuse

What are the Eligibility Requirements for VAWA Immigration?

• You must be able to prove your relationship with the US citizen or LPR spouse, parent, son or daughter.
• You must be subject to battery or extreme cruelty by said relative.
• You must have resided with the abusive relative. 
• If applying due to an abusive spouse, you must still be married or have divorced in the past 2 years due to the abuse. Marriages ended due to death are also eligible. 
• If applying due to an abusive spouse, you must have married in good faith.
• If applying due to an abusive parent, you must be under 21 years old and unmarried.
• If applying due to an abusive son or daughter, the son or daughter must be at least 21 years old at the time of the abuse.
• You must prove good moral character.

How Does the USCIS Investigate VAWA?

There are various documents that can be used as evidence for a VAWA petition. 

• Proving the relationship
  • If applying due to an abusive spouse, the applicant must firstly prove the marriage was entered in good faith. These can include joint bank accounts, properties or insurances, joint utility bills, property lease, photos, correspondence and proof of trips taken together. 
  • Other applicants must prove their family relationship with the abuser to show they are the parent, son or daughter. 
• Otherwise, all applicants must prove the abuse through photos, messages, police reports, court orders, hospital records or any other document.
• Applicants must prove they resided with the applicant. These can include rental agreements, utility bills, or other documents proving shared residence.
• Lastly, applicants must prove they have good moral character by submitting documents such as affidavits from reputable community members, criminal background checks, and other relevant evidence.

How Can You Apply For VAWA?

• You can apply for VAWA by firstly submitting a Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant. As of April 1, 2024, there is no processing fee for Form I-360 for VAWA self-petitioners.
• If the abusive relative is a US citizen, you can also concurrently file Form I-485, Application to Register Permanent Residence or Adjust Status. If they are a LPR, then you will need to wait for your priority date according to the Visa Bulletin. As of April 1, 2024, there is no processing fee for Form I-485 for VAWA self-petitioners.
• If also filing Form I-485, you can also file Form I-131 and I-765 to simultaneously apply for a travel document and employment authorization. As of April 1, 2024, there is no processing fee for Forms I-131 and I-765 for VAWA self-petitioners.
• Aside from the forms mentioned above, you should add the aforementioned documents proving residency, family relationship, the abuse and good morale character.

What are the Stages of VAWA?

• After filing the necessary forms and preparing the required documents, the application is mailed to the relevant USCIS office determined by USCIS.
• Once the application is received, you may need to attend a biometrics appointment, where you will provide your fingerprints, a photo, and a signature for background and security checks.
• Once the processing of documents starts, firstly, the applications for a travel document and employment authorization will be processed. This process can take approximately 4 months.
• A VAWA petition is a long process. Thus, VAWA petitions will go through prima facie determination where the USCIS do an initial assessment to decide whether the application meets the basic eligibility requirements to file a self-petition under VAWA. A prima facie determination allows you to apply for certain state and federal social benefits.
• At last, once the VAWA application is approved and the adjustment of status application is processed, you will receive your Green Card.

VAWA Case Processing Time: How Long Does VAWA Take to Be Approved in 2024?

Currently, according to the USCIS it takes 40 months for VAWA applications to be approved.

How Can I Speed Up My VAWA Process?

Generally, as long as the case is in the normal processing times of 40 months, there isn’t a way to speed up processing of the application. However, in very limited circumstances USCIS may approve an expedite processing request if you prove a critical situation. 

Additionally, once the normal processing time passes, you can send an e-request to USCIS explaining the application is outside the normal processing times.

What Happens After VAWA Gets Approved?

If the VAWA application was concurrently filed with I-485, you will receive your Green Card once the application is approved. If you are waiting for your priority date, you must wait until your date becomes current and you can apply for adjustment of status. 

How Does VAWA Affect the Abuser?

When a VAWA self-petition is filed, the abuser is not notified. This ensures the safety and confidentiality of the victim. The abuser cannot use the immigration system to retaliate against or control the victim once a VAWA petition is in place and the abuser will not be affected by the petition unless the abuse was previously documented before law enforcement or the justice system and the abuser is facing legal consequences.

What Happens If VAWA is Denied?

If the petition is denied, the applicant will receive a denial notice explaining the reasons for the decisions. Afterwards, the petitioner has the right to appeal within 30 days, file a motion to reopen if new documents are available or file a motion to reconsider if they believe there was a misapplication of the law.

The denial of the VAWA application does not prevent the applicant from seeking alternative immigration routes.

Work with Oguz Law’s VAWA Immigration Lawyers

At Oguz Law, we provide expert legal support for victims of domestic violence seeking independence and safety. We specialize in navigating the complexities of VAWA self-petitions, ensuring that your application is meticulously prepared and thoroughly documented. Our team is committed to guiding you through every step of the process, from initial filing to final adjudication, and will represent your best interests with USCIS..

Frequently Asked Questions About VAWA

Can I Remarry After VAWA Petition is Denied?

Yes, you can remarry if your VAWA application is denied and apply for a Green Card through your new marriage. 

Is It Hard To Get Approved For VAWA?

VAWA petitions take a long time and are examined very closely by the USCIS. However, this does not mean that an approval is not possible if there is a strong case showcasing the abuse the petitioner went through. 

Can I Travel If My VAWA is Approved?

Yes, once your VAWA application is approved and you receive your Green Card you can travel. 

How Long Does It Take To Get a Green Card After VAWA Approval?

Once the petition is approved and the petitioner receives their approval notices, it can take 2-3 weeks for the Green Card to arrive.

Do They Interview For VAWA?

There is no interview process for VAWA petitions.

Do You Need a Sponsor For VAWA?

No, you do not need a sponsor for VAWA petitions.

How Much is the VAWA Fee?

There are currently no fees for any of the forms filed in relation to the VAWA application.

How Do I Know If My VAWA is Approved?

Once your petition has been approved, USCIS will send I-797 approval notices declaring your case was approved.