Who Qualifies for VAWA Protection?
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The family immigration process generally relies on family members petitioning for one another. But what happens when a sponsoring family member becomes abusive? For many victims of domestic violence, the Violence Against Women Act (VAWA) offers a crucial lifeline in these situations. It allows eligible victims to self-petition for a green card, removing the abuser’s control over their immigration future.
Generally, you may qualify for VAWA self-petitioning if you are:
- The abused spouse of a U.S. citizen or lawful permanent resident.
- The abused child of a U.S. citizen or lawful permanent resident.
- The abused parent of a U.S. citizen son or daughter.
At Kriezelman Burton & Associates, LLC, we understand how daunting this step can be, and we are here for you. Our experienced team has helped countless individuals navigate U.S. immigration law with discretion and compassion.
Who Is Eligible for VAWA?
VAWA allows both men and women who are victims of battery or extreme cruelty to file for immigration benefits without the abuser’s knowledge or consent. Eligibility is defined by your relationship to the abuser and the abuser’s legal status.
Spouses
You may self-petition if you are, or were, the abused spouse of a U.S. citizen or lawful permanent resident (green card holder). This category also extends to spouses whose children were abused by the U.S. citizen or permanent resident parent.
Children
Unmarried children under the age of 21 who have been abused by a U.S. citizen or permanent resident parent are eligible to file for themselves.
Parents
Parents who have been abused by their U.S. citizen son or daughter may also self-petition. Note that the abusive child must be a U.S. citizen, not a permanent resident, for the parent to qualify.
What Are the Key Requirements?
Establishing your relationship to the abuser is the first step. To successfully file a VAWA petition, you must also provide evidence supporting several specific claims.
- Qualifying Relationship: You must prove the legal relationship to the abuser (marriage certificate, birth certificate, etc.).
- Status of the Abuser: You must show that the abuser is or was a U.S. citizen or lawful permanent resident.
- Residence: You must demonstrate that you have resided with the abuser at some point in the past.
- Abuse: You must provide evidence that you were subjected to battery or extreme cruelty during the relationship. This can include police reports, medical records, or affidavits.
- Good Moral Character: You must demonstrate that you possess good moral character.
- Good Faith Marriage (Spouses Only): If filing as a spouse, you must prove that you entered the marriage in good faith, not only for immigration benefits.
The Filing Process
The process for attaining protection under VAWA involves filing Form I-360, the Petition for Amerasian, Widow(er), or Special Immigrant, and all required evidence. Once approved, the Form I-360 grants you an immigrant classification that allows you to apply for lawful permanent residence (a green card). Your safety is paramount throughout this process. The law includes strict confidentiality protections, meaning USCIS is prohibited from informing the abuser about your application.
Seek Professional Legal Guidance
Escaping an abusive situation is difficult enough without the added stress of having to handle complex immigration forms. VAWA can provide you with a path to independence and safety, but the evidentiary standards are high. An immigration lawyer can help you prepare your petition correctly and completely.
If you believe you may qualify for VAWA protection, contact Kriezelman Burton & Associates, LLC today. We can review your case with complete confidentiality and help you take the first steps toward a more secure future.
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Kevin Raica literally saved my life. He helped me out of a dangerous situation that my previous attorney had put me in. After 17 years without status and 6.5 years of working with my previous attorney, I had experienced so many denials that I had completely lost hope. When I met Kevin, everything changed. He genuinely cared about my situation and gave me hope when I couldn’t see any for…
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We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
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Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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