How To Prove Your VAWA Case to USCIS

Proving your VAWA case to USCIS becomes easy if you have strong evidence and documentation to support your petition. VAWA permits abused spouses, children, and parents of US citizens or lawful permanent residents to file a petition for legal status independently of the abuser. Having an experienced and knowledgeable immigration attorney by your side can make a huge difference in your VAWA case as it is a sensitive, evidence-heavy, and emotional process. Alina Kats helps you at every stage and guides you to success. She collects and organizes evidence and prevents you from making mistakes to strengthen your case for quick and smooth approval.  

The VAWA was passed by the US government in 1994 as a part of Congress’s larger Violent Crime Control and Law Enforcement Act to help victims of domestic violence and sexual assault. It was the first federal legislation that focused on protecting victims of all types of unwanted behaviors, including battery, abuse, and stalking.

These days, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) oversee VAWA protections and offer security to people undergoing abuse by their US citizen or green card holder relatives with this law. Applicants of all genders can benefit from VAWA, including women, men, and children. Eligible candidates can self-petition for VAWA status and apply for US permanent residency.

Read on to find out what is required to prove your VAWA case to USCIS and what evidence can support your case and result in quick approval.

Who Is Eligible For VAWA?

To start the process of filing for US residence under VAWA, you need to fill out and submit a self-petition Form I-360 to U.S. Citizenship and Immigration Services, and submit evidence that proves you meet the eligibility criteria and qualify for relief.

VAWA eligibility requirements include:

• Proving that you are a victim of domestic abuse by a US citizen or green card holder relative. You will need to provide evidence that you were battered or subjected to extreme cruelty by your abuser. Even if your abuser has lost their status, or did not have citizenship when the abuse began, you are entitled to file.
• Proving that you lived with your abuser at some point during your relationship in the US and reside here. Some exceptions allow you to apply while you are abroad, such as when your abuser is employed by the US armed forces.
• Proving you entered the marriage in good faith if you are abused by your US citizen spouse or permanent resident spouse. This is to show that you did not marry them for the green card.
• You are eligible to receive an immigrant visa and hold a good moral character.
• You did not face any restrictions in admission to the US.

USCIS shows more leniency toward VAWA applicants on these issues. You may need to obtain specific waivers before filing a petition.

VAWA Removes Certain Grounds for Inadmissibility and Bars to Adjustment

People applying for green cards often discover that they are not eligible for US permanent resident status due to several reasons. In case you have a criminal history or record of any serious immigration violations, you will face challenges when applying for a green card.

USCIS must verify that every green card holder enters the United States legally and does not pose a risk of becoming a public charge. You can become a public charge if you need to rely heavily on the US public benefits to survive in the US.

The US government understands that VAWA self-petitioners can face unique life challenges. If they become inadmissible to the US after an incident related to the abuse you faced, you may apply to waive those grounds for inadmissibility. With a successful waiver application, USCIS will not hold these incidents against you when considering your application.

If you were deported or removed from the US by USCIS previously, you will have to file for permission to reenter the country and receive an approval notice before proceeding.

Being a VAWA self-petitioner, you will not be subject to the typical bars to adjustment that others applicants face. USCIS bars applicants with histories of immigration law violations or illegal entry into the US from starting the adjustment of status process to permanent residency. It exempts all VAWA self-petitioners as well as beneficiaries from these bars to adjustment.

How Can You Prove Your VAWA Case ToUSCIS?

You can prove your VAWA case to the USCIS by providing specific supporting documents that confirm your eligibility. It is important to note that you will not need to pay any filing fees or depend on your abusive relative to sponsor you due to special circumstances of VAWA status.

When applying for a VAWA green card, you will need to do the following:

• Fill and submit Form I-360
• Collect credible supporting evidence for Form I-360 that best proves your VAWA case
• File Form I-485 which is the application to Register Permanent Residence or Adjust Status.
• Collect the required documents, such as two passport-style photographs, a copy of your government ID with a photograph, and a copy of your birth certificate.

You will also need to submit the necessary waivers or request permission to reenter the country.

Supporting documentation to prove your VAWA case

• Proof of your abuser’s US citizenship or green card status, including their naturalization certificate, birth certificate, or green card
• Proof that you lived in the United States unless your abuser works for the US government or armed services abroad
• Proof of your legal relationship, such as a divorce decree, marriage certificate, or birth certificate
• Proof of joint residence with your abuser at least once during your relationship, such as shared leases, deeds, mortgages, utility bills, bank statements, address records, and income tax filings
• Proof of abuse, including police reports or court documents and affidavits from yourself, judges, medical workers, therapists, social workers, or anyone who was witness to what you went through

Physical, emotional, and mental abuse, along with threats to withhold support or threats of deportation, are major factors that USCIS considers for approving VAWA cases. The more evidence you can provide, the stronger case you can present to the USCIS, increasing your chances of approval.

If you find yourself unable to go through the process of collecting necessary documents or are not sure if you meet the eligibility guidelines, consult an immigration attorney and they will guide you.

Challenges You May Go Through When Filing a VAWA Petition

Even though the government has made efforts to ensure VAWA applicants can file their petition secretly without letting their abuser know, you may still face several challenges during the process.

Some of the challenges you may go through when filing a VAWA petition include:

Accessing the Documents You Need to Submit

To submit your VAWA petition, you will require several documents about yourself and your abusive US citizen or green card holder relative. Most people face problems getting these documents as they are hidden by their abusers or their access is restricted.

The best way to access them is to request duplicate copies of essential documents from local government agencies. Previously filed immigration petitions may also help you in this regard, as they include necessary documents.

Proving That Your Relationship Is Bona Fide

Proving the authenticity of your relationship becomes a challenge even when sponsors and immigrants are working together on an application amicably. You will have to work hard to show USCIS that you did not get married to get a green card and bring evidence that confirms shared commitment and partnership.

Proving the Abuse You Endured in the Relationship

If you did not face physical abuse, proving that you were a victim becomes difficult as there are no physical signs of harm. Also, the lack of police reports documenting your abuse or no witnesses to support you can make things difficult for you.

Getting Affidavits From Friends and Family

Affidavits can help explain your situation and the abuse you faced in your relationship. However, securing affidavits from friends or family may not be easy. It can endanger your safety, and someone may betray your trust and inform the abuser.

Despite the complexities in the immigration process, VAWA empowers survivors of abuse who need immigration protection. Under this law, men, women, and children facing abuse from their US citizen or green card hold relative can apply for legal status in the US and live an independent and safe life.

Related: What Are the VAWA Immigration Requirements?

Securing a VAWA status can open doors to legal permanent residency for you, and you can look forward to making a new, better life for yourself without fear of domestic abuse. However, preparing a compelling, well-organized set of evidence to prove your VAWA case is a big challenge, and you need professional guidance to do it right. Call Kats Immigration Law and schedule an appointment with Alina Kats to discuss your case and how you can begin rebuilding your life and career. She understands the challenges you may face in filing the petition and helps you take control of your immigration status.