VAWA (Self Petition) Spousal Abuse

Domestic violence is a significant issue that affects many people in the United States. The Violence Against Women Act (VAWA) provides critical protections for individuals who are victims of domestic violence. Under VAWA, individuals can self-petition for a green card as a victim of spousal abuse. In this blog, we’ll discuss what self-petitioning under VAWA is and how it works.

What is a self-petition under VAWA?

A self-petition under VAWA is a way for victims of spousal abuse to apply for a green card independently. This means that they do not need the help of their abusive spouse to obtain legal status in the United States. Self-petitioning helps victims of domestic violence to break free from their abusive relationships without fear of deportation.

How does self-petitioning under VAWA work?

To qualify for a self-petition under VAWA, you must meet certain conditions. These include:

– Being married to a United States citizen or Lawful Permanent Resident (LPR)

– Suffering abuse by your spouse

– Proving that the marriage was entered in good faith and not just to obtain immigration benefits

– Being a person of “good moral character”

The application process for self-petitioning under VAWA involves several steps. These include:

1. Filing Form I-360: This form is the self-petition for battered spouses, and it is filed with the U.S. Citizenship and Immigration Services (USCIS).

2. Providing Evidence: Victims of spousal abuse must provide documentation to support their claims. This can include police reports, medical records, restraining orders, and affidavits from family and friends.

3. Attending a Personal Interview: USCIS will schedule a personal interview to review the application and further evaluate the victim’s situation.

4. Applying for A Green Card: If the application is approved, the victim can apply for lawful permanent residency (a green card) in the United States.

In some cases, victims of spousal abuse who are eligible may also apply for a waiver of some grounds of inadmissibility.

In conclusion, self-petitioning under VAWA is a way for victims of spousal abuse to apply for legal status in the United States independently. It provides a way to escape abusive relationships and seek justice without being afraid of deportation. If you or someone you know is a victim of spousal abuse and wants to learn about self-petitioning under VAWA, contact an experienced immigration lawyer. They can provide guidance about the application process and work with you throughout the process to help you obtain the protection and support you need to move forward with your life.