What Are the VAWA Immigration Requirements?

VAWA is a powerful immigration option for many people and gives them a chance to step out of an abusive relative’s control and live a better quality of life, free from fear of maltreatment. You need to show you meet the VAWA requirements, which can be challenging and uncomfortable, especially if you struggle to discuss these details. Alina Kats guides you through the VAWA application process and provides compassionate support every step of the way. She helps you understand how you can take control of your immigration status and build a promising life in the United States without any distress.

Family sponsorship is one of the best options for non-citizens to obtain a green card, which is sponsored by a US citizen or a lawful permanent resident. Unfortunately, many people frequently use their immigration status against their noncitizen relatives. They abuse them and refuse to sponsor the noncitizen for a green card or threaten to withdraw an already submitted application. This can leave the non-citizen at the mercy of their abuser and unable to do anything if they don’t know their rights.

VAWA offers protection to men, women, as well as children who are being abused by a US citizen or a green card holder spouse or a family member. The VAWA self-petition enables the spouse and children of an abusive US citizen or lawful permanent resident to apply for a green card, without the abuser’s knowledge or help.

Read on to learn more about VAWA, its immigration requirements, and what you can do to qualify for this visa.

What is VAWA?

The Violence Against Women Act (VAWA) is a significant protection for noncitizens who would qualify for family-based visas to petition for themselves as a result of abuse from a family member who is a US citizen. Such people can apply for a green card without the knowledge, consent, or involvement of their abuser.

To qualify under the VAWA law, an applicant must show:

• They would normally be eligible for a family-based immigration petition through a spouse, child, or parent
• They have experienced assault, battery, and extreme cruelty at their hands
• They currently live in the United States or have lived here previously
• They meet other requirements, such as having a good moral character and proof of relationship

You can apply for a VAWA visa if you are in the U.S. It is a legal pathway and gives noncitizens control over their immigration status. Despite its name, it is not limited to women. It empowers survivors, including men, women and children, to seek safety, independence and lawful status in the United States, without any fear or control from their sponsoring family member so they don’t have to rely on the abusive relative.

However, proving that you need the immigration requirements for VAWA is not easy for many people, as it involves talking about their traumatizing experiences and the abuse they have suffered. Having an experienced and compassionate lawyer can make things easy for you.

Regardless of gender, an abused noncitizen who meets the VAWA visa can obtain a visa and look forward to making a new life for themselves in the United States.

What Is a Qualifying Relationship?

Noncitizens may use the VAWA self-petition process if they are:

• Spouse of a US citizen or LPR
• Child under 21 of a US citizen or LPR
• Parent of a US citizen

This means VAWA includes immediate relatives and F2A visas.

What Does Battering and Extreme Cruelty Include?

Under immigration law, “battery or extreme cruelty” includes a wide range of abusive behavior, which is not limited to physical violence.
Battery typically involves offensive touching against a person without their consent, like:

• Spitting
• Hitting
• Kicking
• Choking
• Sexual abuse or exploitation
• Forced prostitution
• Kidnapping

Some actions may also qualify as battering when they are part of a pattern of violence, even if they do not appear violent.

Extreme Cruelty

Extreme cruelty includes exercising power to isolate, humiliate, degrade, or force the target to do something they don’t like or are comfortable doing.

It involves:

• Controlling an individual’s economic movement
• Threatening violence against them or their children
• Controlling where they go, who they see, and what they do
• Threatening to have them deported if they don’t comply with their wishes
• Denying them food, medical treatment, or contact with loved ones
• Threatening to remove a child from a noncitizen parent’s custody

Acts of extreme cruelty aim to induce fear, compliance, or submission directed at other people or things.

Read more: When Should I Call A Deportation Defense Lawyer?

How to Apply for a VAWA Visa?

Applying for a VAWA visa is not complicated. You can file a petition yourself as long as you qualify for it.

To apply for VAWA, you must prove that:

• You are or were the spouse, child, or parent of a U.S. citizen or green card holder
• You experienced battery or extreme cruelty from them
• You lived with the abuser at some point
• You have good moral character
• You are applying within the required time, which is within 2 years of a divorce or the abuser’s death

You have to complete the self-petition I-360 VAWA Petition form and provide the required documents to the USCIS.

They include:

• Proof of the abuser’s immigration status, such as a birth certificate, a passport, and a green card
• A proof of relationship, such as a marriage certificate
• Proof of residence with the abuser
• A personal statement that describes the abuse and what you went through
• Evidence of your good moral character, such as background checks and community letters
• Proof of abuse, such as photos, police reports, medical records, and affidavits from witnesses
• Proof that you have been present in the US for at least 3 years

If you struggle to access the necessary documents, you may provide reasonable alternatives. In case you have unmarried children under 21, they can also qualify as derivatives and apply for green cards.

Is It Possible to Adjust Status on a VAWA Visa?

VAWA visa works on the same timeline as the underlying family based petition the sponsor could have filed, including immediate relatives and F2A visas. Immediate relative visas are not subject to the number of visas issued every year while F2A visas are.

Related: How To Prove Your VAWA Case to USCIS

You can apply for a work permit once your VAWA application is approved and you are eligible for a green card, or if you file for adjustment of status at the same time as your VAWA petition. You may be called for an interview with USCIS to go over your case.

The good thing about VAWA is that it is specifically intended for people who may not have legal status due to abuse or intentional neglect. USCIS keeps your case private, treating it with sensitivity, and maintains confidentiality so the abuser does not know about this.

Applying for a VAWA visa and separating from your abuser takes courage. Having the support of a compassionate, understanding immigration attorney may be just what you need to take control of your life and eliminate negative elements. Call Kats Immigration Law if you are or have been in an abusive relationship and want to learn about your eligibility for VAWA and other options. Immigration laws are extremely complicated, and while you can file the VAWA petition on your own, having legal guidance can make a huge difference. Alina Kats can help you fight abuse, apply for a VAWA visa, or permanent residency outside of your abusive relationship and build a secure life in the US.