VAWA Immigration
Victims of Domestic Violence Green Card
The Violence Against Women Act (VAWA) is a federal law that includes provisions to protect certain noncitizens from domestic abuse. One VAWA immigration benefit is sometimes called a “domestic violence green card.”
Here, we explore VAWA immigration benefits by discussing:
- The purpose of VAWA immigration benefits
- VAWA requirements
- VAWA processing time
- Questions commonly asked to VAWA immigration lawyers
If you or your children have been victimized by a family member who is a green card holder or U.S citizen, contact an experienced immigration attorney to discuss the finer details of your eligibility. Thanks to protections provided in VAWA, lawyers may be able to help certain domestic violence victims avoid deportation.
Natalia Darancou Law’s legal team specializes in immigration law. Our team has successfully represented numerous clients seeking VAWA immigration benefits and protection.
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The Purpose of VAWA Immigration Benefits
For noncitizens who are victims of domestic violence, green cards may seem constantly held just out of reach by their abusers. This is because U.S. citizens and green card holders can sponsor the immigration of their children and spouses.
Unfortunately, domestic abusers sometimes leverage their power of sponsorship rights to keep their children or spouses quiet about their abuse.
For victims of domestic violence, green cards through VAWA immigration may be the only way to escape abuse and legally stay in the United States.
With a skilled VAWA lawyer, noncitizens who are victims of domestic violence can safely apply for a green card as a VAWA self-petitioner.
If you are a VAWA self-petitioner, it doesn’t mean that you petition without an immigration attorney all on your own, it means that you get to submit your petition for an immigrant visa without needing someone else to sponsor you.
Normally, visa petitions require someone from within the United States willing to act as a visa sponsor. Sometimes a petitioner sponsoring an immigrant visa is an employer. Sometimes they are family members. Some visas don’t require a sponsor and allow an immigrant to petition the U.S. government for an immigrant visa on their own as a self-petitioner. VAWA protections are just one of the ways to apply by self-petitioning.
VAWA Requirements for Immigrant Visas
You may be eligible for an immigrant visa and to apply for a green card if you are a victim of domestic violence, but there are some requirements.
To petition U.S. Citizenship and Immigration Services (USCIS) as a VAWA self-petitioner you must be the victim of extreme cruelty or battery committed by one of the following:
- Your spouse or former spouse who is a U.S. citizen or green card holder
- Your parent who is a U.S. citizen or green card holder (and you are under 21 and unmarried or between 21 and 25 but delayed filing due to your abuse)
- Your son or daughter who is a U.S. citizen
You may also file if your spouse is a citizen or green card holder and they abused your child.
Your immigration attorney will explain the process and consult with you confidentially. If you are eligible, you will be allowed to self-petition without the knowledge or consent of your abusive family member.
Your immigration attorney will help you to self-petition using Form I-360 and adjust your status to lawful permanent resident using Form I-485.
You will need to meet certain eligibility requirements. These include:
- Properly filing Form I-485 and Form I-360
- Providing supporting evidence
- Being physically present in the United States when you file Form I-485
- Being eligible to receive an immigrant visa because you have no pertinent grounds of inadmissibility that apply to you
- Having enough positive factors USCIS will consider when exercising their discretion to approve your self-petition
VAWA self-petitioners still must be admissible to the United States, but there are two grounds of inadmissibility listed in the Immigration and Nationality Act that do not apply to VAWA self-petitioners.
The two grounds of inadmissibility are:
- Public charge
- Entry without inspection
Self-petitioners with family and community ties to the United States who are compliant with the laws of the nation, have good moral character, and have a lack a criminal record are more likely to be approved.
Don't Risk Your Future By Taking On The Process Alone!
VAWA Processing Time for Immigrant Visas
Immigrant visa application processing times can vary significantly. Factors that affect the processing time include USCIS officers’ workloads, the number of applications received, and the complexity of the individual case. Unfortunately, it can take between two years and three and a half years to process a VAWA immigrant visa petition. Still, it is similar to the wait time of any immigrant visa.
Given that its purpose is to allow an immigrant to pursue a green card without having to rely on their abuser, it is still an important and life changing immigration tool for victims of domestic violence.
Frequently Asked Questions About VAWA Domestic Violence Green Cards
Immigration-related abuse can be considered extreme cruelty on its own, but most VAWA petitioners also have experienced other forms of abuse like social isolation, intimidation and degradation, forced labor, forced unemployment, sexual abuse, and violence.
You may self-petition for a VAWA immigrant visa up to two years after your divorce.
Victims of domestic abuse should consult with a deportation attorney if they fear removal proceedings, if all requirements are met, VAWA can be an important tool for an immigration attorney to prevent your removal. This is called VAWA cancellation of removal or cancellation of removal under the Violence Against Women Act. It’s an often overlooked and extremely generous form of removal relief available for some victims of domestic violence.
VAWA is a federal law that was enacted in 1994. It addresses a variety of issues including domestic violence, stalking and sexual assault. Since it was signed, it’s been updated several times. The updates have expanded protections regarding gender-based violence.
While the word “women” is in the title of the law, any gender can file a VAWA self-petition if they meet the requirements.
Approximately 25 percent of VAWA self-petitions are approved by immigration officials. It’s important to keep in mind that this percentage includes self-petitioners who use inexperienced advocates, victims who use attorneys who don’t specialize in immigration law, and victims who try to file their VAWA petitions without any help. Your best chance of approval is by choosing an experienced immigration attorney with a history of successful VAWA petitions.
You can include any unmarried children who are under 21 years old on your petition if they haven’t filed their own petition.
As a VAWA petitioners, you may qualify for benefits like Medicaid and food stamps once you have received a letter called a “Notice of Prima Facie Determination” designating you as a “qualified alien.” While this letter isn’t a petition approval, it shows that due to the evidence presented, it appears that you may be granted VAWA protection.
Do You Need VAWA Immigration Help?
If you are a victim of domestic violence seeking immigration help, please contact us to request a consultation.
Our legal team focuses exclusively on immigration and nationality law and helps clients across the United States.
