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The Violence Against Women Act (VAWA), provides immigration benefits to victims of abusive U.S. citizens or Lawful Permanent Residents. These benefits may extend to the spouse, parents, and children of the abuser. Under the Act, certain foreign nationals do not have to rely on the abuser to obtain lawful U.S. status, and may self-petition for a green card.
Despite the name, this Act equally covers male or female petitioners.
The requirements for a VAWA Green Card are set out below.
You may still apply if the abuse occurred before the abuser became a citizen or green cardholder. Also, if the abuser has lost their permanent residence or citizenship, you may still apply – time restrictions may apply.
VAWA green cards may be obtained by the spouse (or ex-spouse) and children of USCs and LPRs, and also, by the parents of USCs whose abusive children were at least 21 years old at the time of the abuse.
Unmarried children (under 21) may be included in their parent’s spouse (or ex-spouse) VAWA self-petition.
The self-petitioner must show that they were abused or subject to cruelty by the USC or LPR. The Abuse does not need to be physical violence, and a police report is not required. The U.S. Citizenship and Immigration Services (USCIS) includes emotional abuse, threats to harm or deport you, controlling behaviors, forcible detention, and other such behaviors to be “extreme cruelty.”
The entire circumstances of the relationship will be considered in determining whether abuse, battery or extreme cruelty have taken place.
‘Good faith’ means that the relationship was genuine and not based on obtaining a green card.
Although there are a few exceptions, the petitioner should live in the U.S. Unless the abuser is a member of the armed services, or is an employee of the U.S. government, or if the abuse occurred in the United States.
Although VAWA doesn’t specify a length of time, the petitioner should have spent some time living in the same residence as the abuser.
You must be a person of good moral character for the past three years. Some things that will hinder your petition are:
Brudner Law in Irvine is experienced in handling a wide range of immigration matters.
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