What is the Violence Against Women Act (VAWA)?

The Violence Against Women Act (VAWA) was enacted by Congress in 1994 to protect victims of domestic violence. This legislation allows qualifying victims of abuse by U.S. citizens or lawful permanent residents (LPRs) to self-petition for lawful permanent residence in the United States, potentially leading to obtaining a Green Card.

Eligibility for VAWA Self-Petition

VAWA self-petitioners include:

• Spouses: Victims of abuse by a U.S. citizen or LPR spouse, including parents of an abused child.
• Children: Those under 21 and unmarried who have been abused by a U.S. citizen or LPR parent. Eligibility extends to those under 25 if abuse delayed the filing.
• Parents: Parents abused by their U.S. citizen child who is at least 21 years old.

Key Requirements for VAWA Self-Petitioners

• A qualifying relationship with the abuser (spouse, parent, or child of a U.S. citizen or LPR).
• Evidence of having been subjected to battery or extreme cruelty.
• Co-residence with the abusive U.S. citizen or LPR.
• Good moral character.

Applying for VAWA

To apply for a VAWA self-petition, you should submit the following with U.S. Citizenship and Immigration Services (USCIS):

• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
• Comprehensive evidence proving eligibility, including documents showing the relationship, abuse, and shared residence.

Derivative Beneficiaries in VAWA Applications

Children of self-petitioning spouses and parents may be included as derivative beneficiaries but do not confer benefits to other family members. Evidence of the relationship and the child's age and marital status at the time of filing is required.

Supporting Evidence for VAWA Claims

• Police, medical, or school reports detailing the abuse.
• Court records, protection orders, and photographs of injuries.
• Psychological evaluations and other credible evidence of abuse.

Benefits of VAWA Approval

Approved VAWA applicants can:

• Receive protection from deportation.
• Work legally in the U.S.
• Become eligible to apply for a Green Card, including derivative children.

Applying for a Green Card Under VAWA

• Applicants within the U.S. with an approved I-360 may file Form I-485, Application to Register Permanent Residence or Adjust Status.
• Those outside the U.S. undergo consular processing once a visa becomes available.

Get Expert Legal Assistance

At Najib Hakimi Law PLLC, we understand the intricacies of immigration law and are dedicated to supporting our clients through each step of their journey. Contact us today to secure your safety and legal status in the U.S. Contact Najib Hakimi Law Office today by filling out the online form or calling us at (+1)360-390-3936 to schedule a Consultation.