Are you a foreign national and a victim of violence at the hands of a family member? If so, you may be eligible to self-petition for a green card under the Violence Against Women Act (VAWA).

A VAWA self-petition can be submitted without the abusive family member’s knowledge or consent. Your unmarried child under 21 years of age may also be eligible to apply for a green card if you are approved under VAWA and if you are not a parent of an abusive U.S. citizen son or daughter.

 

Eligibility Requirements

Despite its name, VAWA applies not only to women but to men and children as well. Foreign nationals are eligible for VAWA self-petition status if they are the victim of battery or extreme cruelty committed by either a:

• Spouse or former spouse who is a U.S. citizen or a lawful permanent resident (LPR)
• Parent, who is a U.S. citizen or an LPR
• Son or daughter who is a U.S. citizen

 

For a spouse to be eligible for a green card under VAWA, you must have:

• A qualifying spousal relationship.
• Suffered battery or extreme cruelty by your U.S. citizen or permanent resident spouse.
• Entered into the marriage in good faith not only for immigration benefits.
• Lived with your spouse.
• Good moral character.

 

For a child to be eligible for a green card under VAWA, you must have:

• A qualifying parent/child relationship.
• Suffered battery or extreme cruelty by your U.S. citizen or permanent resident parent.
• Resided with your abusive parent.
• Good moral character.

 

For a parent to be eligible for a green card under VAWA, you must have:

• A qualifying parent/son or daughter relationship:
• Suffered battery or extreme cruelty by your U.S. citizen son or daughter.
• Resided with the abusive son or daughter.
• Good moral character.

 

Application Process

To apply for a green card under VAWA, you must:

• Submit form Form I-360, (Petition for Amerasian, Widow(er), or Special Immigrant) along with the required evidence.
• If you are filing while in the United States and you are the spouse or parent of a U.S. citizen, concurrently file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document).
• If you are filing while you are outside of the United States, you will need to attend an interview at your local U.S. Embassy or Consulate for your case to be adjudicated and green card to be issued.

 

We Can Help

Figuring out immigration law and the best immigration options given your circumstances can be challenging. The Alcorn Immigration Law team can help. Reach out to us if you have questions or would like a consultation.

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