What is a Violence Against Women Act self-petition?

 The Violence Against Women Act (VAWA) was created by the VAWA of 1994 to allow  battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses (LPR) parents or children to sponsor their Adjustment of Status (Form I-485) applications. Because threatening their victims with deportation through withdrawal of sponsorship is such a powerful tool for abusers, VAWA self-petitions help make escape possible for victims since they no longer need to choose between leaving the United States or continued abuse.

Do I need to be a woman to benefit?

 No. Despite their name containing the word ‘Women’ VAWA self-petitions are gender neutral.

How do I qualify for one?

 You are eligible if you or your children are the victim(s) of battery or extreme cruelty committed by a U.S. citizen spouse, former spouse, parent, or 21+ year old child; or a LPR spouse, former spouse, or parent. You must also be a person of good moral character, have resided with your abuser, and if married you must not have done so solely for immigration benefits.

What is the application process?

 You must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant to apply for classification as a VAWA self-petitioner. A Form I-360 will not grant you a permanent status, so you’ll need to file a Form I-485, Application to Register Permanent Residence or Adjust Status after your Form I-360 is approved.

How long does this process take?

This varies widely based on numerous factors, such as the time it will take USCIS to vet the evidence establishing your relationship to your abuser and the proof of battery or extreme cruelty you provide.

Can I use a VAWA self-petition with other forms?

Yes. Other forms have provisions for VAWA self-petitioners such as the Form I-601, Application for Waiver on Grounds of Inadmissibility. Other provisions also exist besides VAWA self-petitions. Victims of domestic abuse by nonimmigrants can seek relief through forms such as U-Visa, or get a work permit with the Form I-765V, Application for Employment Authorization of Abused Nonimmigrant Spouse, and other support is available to abuse victims.

For answers to your personal questions regarding your VAWA, please schedule an appointment with our office.