The Violence Against Women Act (VAWA) is a law that protects victims of abuse. VAWA is an essential law that helps immigrants escape from abusive situations and start a new life. It allows certain immigrants to apply for legal status in the U.S. without relying on their abuser.
If you are married to a U.S. citizen or green card holder and are experiencing abuse, you may qualify for help. Children and parents of abusive U.S. citizens may also be eligible. The most important part of this process is that you do not need the abuser’s permission to file a VAWA petition.
A VAWA petition gives victims of abuse a way to apply for a green card without depending on their abuser to sponsor them. USCIS will never inform an abuser of someone’s VAWA case. Them will never know. If approved, you can apply for a VAWA green card, allowing you to live and work legally in the U.S.
It is a crucial protection for those suffering from domestic violence, emotional abuse, or extreme cruelty. By filing this petition, victims can independently seek legal status in the U.S.
To apply for VAWA, you must complete Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). If your petition is approved, you may apply for a VAWA green card to live and work in the U.S. legally.
The VAWA program was designed to help spouses, children, and parents who have suffered abuse at the hands of a US citizen or green card holder.
Individuals who can apply for VAWA include:
One of the advantages of holding VAWA status is that you do not have to stay with your abuser. You can apply for your VAWA petition without knowing.
Filing a VAWA petition takes time and careful preparation. You need to gather evidence that proves the abuse and your relationship with the abuser. Proof of your good moral character, such as letters from family, friends, or community members, can also help strengthen your case.
This resource is a free guide to help you gather your evidence and documents for your VAWA petition. To file a VAWA petition, you must:
The process can take a long time, sometimes up to two years. During this period, USCIS will review your application and may ask you to provide additional evidence.
If your VAWA petition is approved, you can apply for a green card. This means you can:
If you currently live in the U.S., you may apply for a VAWA green card through adjustment of status. If you are outside the country, you may have to apply for a visa through consular processing.
Applying for VAWA can be complicated, and many people make mistakes along the way. Some common mistakes include:
You may think you won’t need a VAWA lawyer, but having one can make the process easier, help you avoid these errors, and increase your chances of success.
Processing times for a VAWA petition can vary. USCIS typically reviews and approves the petition in 16 to 24 months.
Several factors, such as the strength of your case, the USCIS workload, and additional evidence requests, can impact the timeline.
Yes, although many VAWA petitions are approved, some cases get denied. Denials can happen due to a lack of evidence, criminal history, immigration violations, or fraud.
You may have the option to appeal USCIS’s decision or reapply. A VAWA lawyer can help you understand your next steps and improve your chances of success.
If you are in immediate danger, call 911 or seek help from a domestic violence shelter. Many organizations support victims, such as:
You do not have to stay with your abuser. Help is available, and a VAWA lawyer can help you connect to those resources.
Filing a VAWA petition can be challenging, but you don’t have to do it alone. A VAWA lawyer can guide you through the process, ensuring that all forms and documents are completed correctly. They can help gather the necessary evidence for your case, represent you in legal matters, and offer assistance when complications arise.
While it is possible to file a VAWA petition on your own, having an experienced lawyer in VAWA immigration matters can give you the best chance of success. If you or someone you know is suffering from abuse from their petitioner, reach out to a trusted lawyer or support group today.
Call our office and schedule a consultation with one of our experienced VAWA lawyers today. You are not alone. Help is available, and VAWA can provide a path to safety and freedom.