Violence Against Women Act (VAWA): Self-Petition
For many, the immigration process is a happy experience where they come to the United States to be with family members and life works out well. However, for others, the process is one that is riddled with fear, isolation, threats, verbal abuse, threats, financial ruin, and physical violence. Many times, individuals in these situations feel like they are being held hostage because of their immigration status. However, you may have relief available to you under a provision of law called the Violence Against Women Act. VAWA provides the ability to gain your lawful permanent resident status (green card) if you are the victim of battery or extreme cruelty, without your abuser’s knowledge or consent, by self-petitioning.
Who qualifies for WAVA?
- Abused or battered spouses, or former spouses, of U.S. citizens or lawful permanent residents (green card holders). * This includes men too!
- Spouses, or former spouses, of U.S. citizens or lawful permanent residents who are not abused, but whose child has been abused.
- Abused or battered children of U.S. citizens or lawful permanent residents.
VAWA: Differences for lawful permanent resident relatives and U.S. citizen relatives
- If you are the battered spouse, former spouse, or child (under the age of 21) of a United States citizen, you may file the I-360 Petition at the same time as an I-485, Application to Adjust Status. This means that the two applications would be decided at the same time, and if successful, you would have your permanent residency at the end of the process.
- If however, you are the battered spouse, former spouse, or child of a lawful permanent resident, or the child of a United States citizen who is over the age of 21, you may have to file the I-360 as a standalone petition. This will depend on whether your visa category is current or not. For individuals whose visa category is not current, the individual will file the I-360 Petition as a standalone petition and will not be able to file to adjust their status until a visa becomes available in their visa category.
- For the first time in a long time, the F2A visa category is current (children and spouses of permanent residents). This means that those individuals can file the I-360 and the I-485 together. However, this visa availability changes on a monthly basis, so these individuals may have to file separately at a later date.
- Individuals whose visas are not immediately available may be placed in deferred action. This means that qualifying VAWA self-petitioners may avoid deportation while awaiting determinations on their applications and until their visas become available.
Important things to know about VAWA
- This process is confidential - your family member will not be told about the petition and does not have to consent to the petition!
- If you have divorced your spouse, or they have died within 2 years, you may still be eligible for benefits under VAWA.
- Members of the LGBT community are also protected under VAWA.
- You may be entitled to benefits under VAWA even if you are in removal proceedings.
- Generally individuals must be under the age of 21 to receive protection under the VAWA. However, if the individual is over 21, but has not reached the age of 25, they may still qualify if the abuse was part of the reason for the delay in filing.
- Individuals with an approved I-360 Petition, are also eligible for employment authorization. This includes individuals who are waiting for their visas to become available.
Contact our VAWA Lawyers in Orlando
If you are considering applying for VAWA in the U.S. contact us today! Orlando immigration attorneys Suzanne Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the Florida Bar. Call us at (407) 674-6968 during office hours or fill out the online form provided on this page and we will call you right back. If you have an emergency after office hours please call or text us at (407) 925-2554 and we will contact you shortly.