If you filed a VAWA self-petition with U.S. Citizenship and Immigration Services (USCIS) on Form I-360, or a VAWA-based abuse waiver when applying to go from conditional to permanent residence using Form I-751, or you received VAWA-based cancellation of removal, you may take advantage of this three-year rule if you were the abused spouse or child of a U.S. citizen and meet the additional criteria described below.
If, however, you are married to a lawful permanent resident (LPR), not a citizen, then you must wait the normal five years as a green card holder before applying for naturalization unless, in certain situations, your abusive spouse or parent naturalizes.
If you are the battered spouse of a U.S. citizen, and the following two things are true:
Then you can apply for U.S. citizenship immediately, without having to show that you are still residing with the U.S. citizen spouse.
(This assumes you meet the other citizenship eligibility criteria.)
In addition, it does not matter if you are still married to the U.S. citizen or have gotten divorced. You can also apply after three years as an LPR if your abusive U.S. spouse has died.
This is an important benefit, because while the non-VAWA spouses of U.S. citizens can also apply for naturalization after three years with a green card, they must prove that their spouse is still alive and they are still married to and living with the U.S. citizen.
If you received your green card as the abused child of a U.S. citizen, you can apply for naturalization after three years as an LPR. You can apply even if the abusive parent is no longer a U.S. citizen or has died.
Furthermore, when you apply for naturalization under these circumstances, you no longer need to meet the definition of a child, so it’s okay if you are now over 21 and married. However, like all naturalization applicants, you do have to be over 18 years old.
If you were approved for U.S. permanent residence based on being the spouse or child of an abusive LPR, and that LPR naturalizes (becomes a U.S. citizen), then you might also be able to take advantage of the three-year rule. You will need to wait to apply for U.S. citizenship until not only have you spent three years as a VAWA green card holder, but your abusive spouse or parent has been a U.S. citizen for three years, as well.
Otherwise, the same rules mentioned above apply, as though you had obtained your VAWA green card approval based on your relationship to a U.S. citizen. For example, it does not matter whether your marriage is still ongoing at the time you apply for naturalization.
The instructions and eligibility guidelines for naturalization on the USCIS website do not clearly explain that VAWA-approved spouses and children of abusive U.S. citizens can apply for naturalization after three years as LPRs. This can be confusing for both applicants and USCIS itself, which sometimes forgets that this ground of eligibility exists.
Moreover, the naturalization application Form N-400 does not have a specific box to check to establish eligibility on this basis.
Therefore, when completing USCIS Form N-400, on Part 1, Information About Your Eligibility, check box E for “Other.” As an explanation, write "Have been an LPR for at least three years (VAWA, I.N.A § 319(a))."
You might also want to attach a separate statement about how you qualify on this basis and copies of a USCIS memorandum discussing the issue: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a).
Realize also that you will still have to meet the other requirements for naturalization. For example, you will have to pass the civics and English tests and meet the physical presence requirements for time spent in the United States.
Talk to an experienced attorney for a full analysis of your eligibility for U.S. citizenship and assistance with preparing your application.
]]>Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim’s search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device into your car, bag, pocket, or other belongings without your knowledge. If you’re concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. Also check out our Resources for Victims of Crime.
In order to qualify for a green card under VAWA, you must prove that you meet the requirements described below (depending upon whether you are the parent, child, or spouse of a U.S. citizen or permanent resident). Despite the name of the law, VAWA applies equally to both male and female petitioners.
Relatives of nonimmigrants in the United States (people who hold temporary visas) cannot receive a green card under VAWA. Some of them might at least be able to apply for a work permit, however. See Filling Out Form I-765V: Instructions for Abused Spouses With Temporary Visas.
Your qualifying relative must have been a U.S. citizen (USC) or Lawful Permanent Resident (LPR). You may still file an I-360 self-petition under VAWA if the abuse occurred before the abuser became a citizen or green card holder.
In addition, you can file a petition under VAWA even if the abuser loses U.S. permanent residence or citizenship. If this was because of an incident of domestic violence, you must file the I-360 petition within two years of the abuser losing status.
VAWA green cards are available to the battered spouses (and ex-spouses) and children of USCs and LPRs and the battered parents of USC children who are at least 21 years old at the time of the application. Unmarried children under 21 can be included on a battered spouse's (or ex-spouse's) VAWA I-360 self-petition.
For ex-spouses, if marriage ends in divorce because of abuse or cruelty, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA I-360 self-petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. However, if you remarry prior to the approval of the VAWA petition, the petition will be denied.
The law requires the self-petitioner to show that they have “been been battered or has been the subject of extreme cruelty" by the LPR or USC family member. Examples of "battery" include physical violence and sexual abuse. U.S. Citizenship and Immigration Services (USCIS) considers emotional abuse, controlling behaviors, threats to harm or deport you, forcible detention, and other threatening behaviors to be "extreme cruelty."
In addition, USCIS will consider emotional abuse, controlling behaviors, threats to harm or deport you, forcibly detaining you against your will, and other behaviors used to scare you. This is not an exhaustive list, and USCIS will consider the totality of the circumstances when deciding whether you have been subjected to battery or extreme cruelty.
"Good faith" means that the marriage with your LPR or USC spouse was genuine and bona fide, and not entered into solely in order to obtain a green card. If the marriage is fraudulent, you will not qualify for a green card through VAWA, just as you would not qualify for a green card using normal petitioning procedures.
In most cases, you must reside in the United States in order to file a petition under VAWA. However, you can file if you are living abroad if the abuser is an employee of the U.S. government or armed services, or the abuse occurred in the United States.
There is no length of time that you must have lived with the abuser and you do not have to currently be living with the abuser when you file for a green card under VAWA. Nor do you have to have lived together in the United States. VAWA does not specify what it means to "live with" the abuser, so even if you only spent a short amount of time in the same house or apartment, this could be enough to meet this requirement.
In order to qualify for relief under VAWA, you need to have been a person of good moral character for at least the past three years. Some things that could prevent you from showing good moral character are: a criminal history, being a habitual drunkard, using drugs, illegal gambling, lying under oath, persecuting or harming others, or having committed marriage fraud in the past.
The first step in applying for a VAWA-based green card is to file Form I-360 and supporting evidence with USCIS and then (either after it's approved or concurrently, depending on your eligibility to adjust status) file an application for a U.S. green card (lawful permanent residence), using Form I-485.
An extremely important part of this application process for a green card under VAWA is to demonstrate that you meet the above eligibility criteria, using official documents and statements, including your own sworn statement.
Because the process of applying for VAWA-based immigration benefits is complex, consider getting a full analysis of your situation from an experienced immigration attorney. The attorney can also help you prepare the paperwork and monitor your application as it makes its way through the system.
]]>Safety and Privacy Considerations for Victims
Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim’s search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device in your car, bag, pocket, or other belongings without your knowledge. If you’re concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.
Exactly how you prove to the satisfaction of USCIS that you were the subject of abuse in the United States depends in part on the type of abuse you suffered. To qualify under the law, it can be battery or extreme cruelty; for example physical violence, threats or display or a weapon, rape, incest, or unwanted sexual contact or interaction, forced detention, forced prostitution, psychological abuse or harassment, or other forms of extreme cruelty, even without actual violence.
The facts of your particular situation will play a major role in the types of evidence you can come up with. Do not worry that you must have any one particular type of document. Many different types of documents, photos, reports, and statements, in combination with each other, can work. Below are some ideas.
For information on preparing a basic declaration, see Creating Substitute Documents or Affidavits for Immigration Applications. Declarations from witnesses in a VAWA case will, however, need to be much longer and more detailed than the sample one shown in that article. The writer should explain their relationship to the VAWA applicant, the approximate dates or time span of your interactions and conversations, and as much as possible about any observations of what happened between the abuser and you or remembrances of what you described or complained of.
If you still feel you don’t have enough proof of having suffered abuse, seek help from a nonprofit or attorney. who has experience serves immigrants in domestic violence situations.
]]>This article will let you know what is required and the types of evidence you can use to support your case. (See Green Card Under the Violence Against Women Act (VAWA): Who Is Eligible to review the basics.)
Safety and Privacy Considerations for Victims
Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim’s search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device in your car, bag, pocket, or other belongings without your knowledge. If concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.
In addition to Form I-360, called the "Petition for Amerasian, Widow(er), or Special Immigrant," you will need to include evidence that you meet all the requirements of VAWA. At the very least, this evidence should include:
Each of these is discussed more fully below. It is also helpful to include a cover letter on top of the package that describes the evidence you have submitted.
The first piece of evidence to submit is a detailed declaration or sworn statement describing your relationship with the U.S. citizen or LPR abuser and other details of your eligibility for VAWA. This should begin with the statement “I swear under penalty of perjury that the following is true and correct to the best of my knowledge.”
The declaration should include details about how you met the abuser and how your relationship developed. It should discuss when you first met, how your relationship developed, and why you married the abuser. It should also discuss the types of abuse you suffered (physical, emotional, and so on) and when each instance of abuse occurred. It is best to include as many details, including dates, as possible.
Be sure to also discuss things you do that show you are a good person. In order to qualify under VAWA, you need to show that you are a person who has "good moral character." For instance, if you volunteer, regularly go to church, temple, or mosque, support a family, or take part in other community activities, describing these will help show your good moral character.
Finally, your declaration should include any explanations for why you cannot various submit other forms of evidence (if that's the case), as described below.
You must also submit evidence that you have been a good person for at least the last three years.
Start with police clearance records from any place you have lived for at least six months during the past three years. You can get these by contacting or going to the police station in each place you lived and asking for it. Tell them it is for immigration purposes. These clearances help to show that you are a person of good moral character and also prove that you have not been convicted of a serious crime that might bar you from qualifying under VAWA.
If you have committed a crime, definitely see an attorney for help. You might still be able to obtain a VAWA green card if you can show that there was “a causal and logical relationship” between your abuse and the commission of the crime. (This standard came from a court case called Da Silva v. Attorney General, in which the foreign spouse, who'd been physically and emotionally abused, went into a rage and assaulted the mistress of her abusive husband.)
In addition to the police clearance records, you can submit signed declarations from friends and family members that talk about things you do that show you are a good person. You don't have to be better than most people; USCIS considers “the standards of the average citizen in the community.” (See 8 C.F.R. §§ 204.2(c)(1)(vii).)
In order to prove that you are really who you claim to be, you must submit a copy of your birth certificate and/or your passport.
If the abuser is a U.S. citizen, your first choice is to submit a copy of the abuser’s birth certificate, U.S. passport, or certificate of naturalization. Depending on where you live, you might be able to obtain a copy of the abuser’s birth certificate through the County Recorder where the abuser was born. Or, if the abuser has already filed a petition (USCIS Form I-130) for you, submit a copy of it and/or the subsequent receipt or approval notice from USCIS as evidence of U.S. immigration status.
If the abuser is a green card holder, you can submit a copy of the green card, an I-130 receipt and/or approval notice from USCIS, or any other immigration document that refers to their immigration status.
If you do not have any of these documents, you can file a Freedom of Information Act (FOIA) request with USCIS. The agency will send you a copy of your immigration file, which might contain some information about your spouse.
If all else fails, you can submit written, signed declarations from friends and family who know of the abuser’s immigration status as a citizen or permanent resident. In addition, you can ask that USCIS search its internal records to verify the abuser’s immigration status, by including a sworn statement explaining why you can't provide documents proving the abuser’s immigration status (USCIS understands that abusers commonly hide such documents, as part of the abuse; if that was the case with you, definitely describe that).
You'll need to provide as much identifying information about the abuser as you can, to aid USCIS's search, such as name (including alternate names or aliases), birth date, birthplace, Social Security number, A-number (for a green card holder), parents’ names, and date and place of naturalization (if any.)
You must also submit proof of your relationship to the abuser. If the abuser is your spouse, submit a copy of your marriage certificate. If you were previously married, do your best to submit evidence that the marriage (or marriages) were legally terminated (such as by death, divorce, or annulment) before you married the abuser. (If submitting such evidence is impossible, explain the reasons to USCIS in a sworn statement.)
If the abuser was previously married, and you have recently discovered that the marriage wasn't terminated before your marriage to the abuser, this gets more complicated. Nevertheless, it is possible to qualify for VAWA as what's called an "intending spouse." You would need to provide USCIS with evidence showing that you truly believed you were legally marrying an unmarried U.S. citizen or lawful permanent resident, that you took part in an actual marriage ceremony, that the intended marriage was otherwise bona fide (the real thing) and that the only reason it turned out to have been invalid was the abuser’s other, preexisting marriage (unknown to you at the time).
If the abuser is your parent, submit a copy of your birth certificate.
In addition, if the abuser is your spouse, you must submit documents to show that you entered the relationship in good faith: in other words, that the marriage was not a sham or fraud to get you a green card. Birth certificates of children, photographs of the two of you together, and letters or emails between you and the abuser are all good evidence.
In addition, you can submit evidence that you shared a bank account, insurance, a lease or property ownership, and so on. Even shared credit cards and phone accounts can be helpful. Declarations from family members and friends that discuss your relationship can also be helpful to complete the picture.
In order to qualify under VAWA, you must also show that you currently live with or have, in the past, lived with the U.S. abuser. It's okay if you weren't married when you lived together, or if you lived together outside the United States. (See USCIS's Policy Alert of February 10, 2022, PA-2022-09, for details.)
Proving current or past residence together can be done by submitting copies of things like leases that list both of your names, utility or phone bills that have both of your names, or school records of your children that list both of you as parents. Tax returns and pay stubs can also be used.
Basically, any documents that list both your name and the abuser’s name at the same address can be helpful. If you cannot get many of these documents, you can also have friends and family members write declarations discussing the fact that you lived with the abuser.
It is crucial that you provide as much evidence as possible showing that you have suffered abuse, whether physical or emotional. Some of the best evidence of this would be police reports or restraining orders against the abuser. If the abuser was arrested or convicted of physically abusing you, you can submit court records discussing this. If you saw a doctor because of abuse, submit copies of your medical records. Similarly, if you have seen a counselor or have gone to a domestic violence shelter, you can submit evidence of that as well.
Remember, you do not have to show physical abuse in order to qualify under VAWA. Emotional or psychological abuse may be enough, or "extreme cruelty." If you have seen a psychologist or have been prescribed medication by a doctor due to the abuse, submit evidence of this as well.
As always, if you have difficulty obtaining this type of evidence, you can submit declarations from family members and friends who have witnessed the abuse you suffered, or to whom you have spoken about the abuse.
Preparing a compelling, well-organized set of evidence to support your VAWA self-petition can be time-consuming and challenging. Hiring a licensed, experienced immigration attorney to help with this task can be well worth your while. Fortunately, if your income is low, you might be able to get pro bono (free or low-cost) legal help.
]]>However, in addition to the waivers discussed in that article, special waivers are available to people applying for a green card under the Violence Against Women Act (VAWA). This article discusses the special waivers and other exceptions to the rules of inadmissibility available under VAWA.
For most people who might be green-card eligible, the process known as "adjustment of status," in which one goes through the entire green card application within the U.S., dealing solely with U.S. Citizenship and Immigration Services (USCIS), is available only under certain conditions. People who are in the U.S. and hope to choose this procedure instead of consular processing in their home country ordinarily need to have entered the U.S. lawfully after having been inspected and admitted by a U.S. official at an airport, border, or other entry point, and then have maintained lawful immigration status in the United States after that (without overstaying their permitted time).
This is not true for VAWA applicants, however. They may apply to adjust status regardless of whether they:
(See the Immigration and Nationality Act at I.N.A. §§ 245(a) and 245(c).)
One of the most common causes of inadmissibility among green card applicants is having stayed in the United States unlawfully for six months or more, after either having entered illegally or overstayed a visa, and then departed the United States. This issue is described in Consequences of Unlawful Presence in the U.S.: Three- and Ten-Year Time Bars.
In one of the exceptions within this law, however, you do not accrue unlawful presence at all if your presence in the U.S. can be connected to the abuse you were suffering.
In addition, VAWA self-petitioners living in the U.S. do not typically need to worry about the unlawful presence ground of inadmissibility because they can typically adjust status (apply for a green card) without departing the U.S. for a consular interview, which is a common trigger to these bars for most other green card applicants.
If you are outside the U.S., you might still be able to claim an exception to the three- and ten-year bar provision in order to be granted an immigrant visa at your consular interview. You will likely have to show a connection between the abuse you suffered and your departure from the United States.
Talk to an attorney for a full analysis of this exception, if you have spent time in the U.S. without permission. (See I.N.A. § 212(b)(9)(iii)(IV).)
Reentering the U.S. unlawfully after you have either been ordered removed (by an immigration judge) or spent more than a year in the U.S. unlawfully usually makes a person inadmissible, permanently.
However, as a VAWA self-petitioner, you can apply to USCIS for a waiver of this ground of inadmissibility if you can demonstrate a connection between the abuse you suffered and your removal, departure, reentry, or activity that triggered this bar. (See I.N.A. § 212(a)(9)(C).)
Applicants for adjustment of status through family must ordinarily show that they will not likely become a "public charge" if granted U.S. permanent residence. This means they have to show they will not be a financial burden on society through the use of need-based public assistance.
However, VAWA applicants are an exception: They need not go through a public-charge analysis when applying for a green card; nor do they need an Affidavit of Support filed on their behalf. (See I.N.A. § 212(a)(4)(E).)
If you got your visa or some other immigration benefit by a lie or misrepresentation, or through the use of false documents or other fraud, you can be found inadmissible. However, as a VAWA applicant, you can apply for a waiver (unless the fraud involved pretending to be a U.S. citizen).
In order to qualify, you must show that either you yourself, or your qualifying parent or child who is a U.S. citizen, permanent resident, asylee, refugee, or fellow VAWA applicant (in addition to a few more narrow categories), will suffer “extreme hardship” if the waiver is not granted.
This is different than the law for non-VAWA applicants, who cannot rely on hardship to themselves when applying for this waiver. (See I.N.A. § 212(i).)
All visa or green card applicants, including VAWA applicants, can apply for a waiver of inadmissibility if they have diseases of public health significance that would otherwise make them inadmissible. Unlike other applicants, however, VAWA applicants need not show that they are the spouse or unmarried son or daughter of a U.S. citizen, permanent resident, or other qualifying relative in order to be approved for this waiver. (See I.N.A. § 212(g).)
As a VAWA applicant, you can apply for a waiver of inadmissibility for certain criminal acts. The waiver covers: crimes of moral turpitude; multiple criminal convictions; assertion of immunity from prosecution; simple possession of marijuana if it was 30 grams or less; and prostitution and commercialized vice.
Unlike other applicants for adjustment of status who apply for this waiver (under I.N.A. § 212(h)), you do not have to show that a qualifying relative will suffer extreme hardship if your application is denied. You will, however, still need to show good moral character in order to be eligible for VAWA, which will likely require showing a connection between the abuse you suffered and commission of any crimes.
A good attorney might improve your chances of obtaining VAWA relief. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents for the application and any needed waivers, and so on.
Fortunately, VAWA is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>(To learn more about who qualifies for this special form of immigration relief, see Green Card Under the Violence Against Women Act (VAWA): Who Is Eligible.)
This shouldn't be cause for panic. Someone who is eligible for the immigration status being sought should receive U.S. residence (a green card) with no problem. The most likely circumstance in which pursuing a VAWA application might land you in immigration court facing removal include if you:
In this article, we'll further acquaint you with these risks, and suggest when it's safe to submit a VAWA application.
Safety and Privacy Considerations for Victims
Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see their search or call history or otherwise track their activity. Also, many smart devices contain cameras or GPS tracking that can be used to locate and monitor someone's whereabouts. An abuser can even slip a small tracking device into a car, bag, pocket, or other belongings. Many cars have apps that allow anyone listed as an owner or co-owner to track its location remotely.
If concerned about privacy while searching online, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.
As a VAWA applicant, you might, if your spouse is a U.S. citizen, be allowed to file your initial petition (Form I-360) at the same as or "concurrently" with your application for adjustment of status (a green card). This turns what is ordinarily a two-step process into one step.
Let’s start with a little background. For most types of immigrant visa and green card applicants, step one in applying is to for a U.S. citizen, company, or other sponsor submit a petition to USCIS and wait for its approval before moving forward.
For VAWA applicants, this first step is completed using Form I-360. USCIS approval simply means that you have convinced the agency that you meet the definition of a battered spouse of a U.S. citizen or permanent resident and you may proceed to the next step, namely applying for a green card using Form I-485, Application to Register Permanent Residence or Adjust Status. The approval of the Form I-360 by itself does not give you any U.S. immigration status. (For specific information about how to complete Form I-360, please read Application Process for a VAWA Green Card.)
Spouses of U.S. citizens do not, however, need to wait for USCIS approval of Form I-360 before filing the I-485. They can file Form I-360 and Form I-485 at the same time.
Spouses of U.S. green card holders, by contrast, will need to wait for a visa to become available before they can apply to adjust status in the United States. The typical wait is two to five years. (See How Long Is the Wait for Your Priority Date to Become Current?.)
But here's the catch for spouses of U.S. citizens (or others who, for technical reasons, are eligible to file concurrently for adjustment of status): If you file the I-360 at the same time as you apply for a green card using the Form I-485, then the denial of the I-360 and I-485 could send you to Immigration Court. After denying an I-485, the immigration officer typically checks the file to see whether the applicant is legally in the United States. If not, the officer may forward the file to Immigration and Customs Enforcement (ICE) for removal proceedings in immigration court.
If you are concerned that your I-485 application for a green card could be denied even though your I-360 VAWA application has been approved, speak to an experienced immigration attorney to decide whether filing for VAWA benefits will be worth the risk.
An applicant’s criminal history can put them in danger of deportation even if they did not file the I-485 at the same time as the I-360. This might come as a surprise, because the I-360 asks you to provide information about your immigration history but not any criminal history. (Criminal history is, after all, irrelevant to whether you were abused by your spouse and meet the other basic requirements for VAWA eligibility.)
However, USCIS can look up an applicant's criminal history any time they file any petition or application with it. If your criminal history is extensive or serious, USCIS can refer your case to immigration court by giving you a Notice to Appear (NTA) (which signals the start of removal proceedings). USCIS will issue an NTA only if it denies your I-360 VAWA application, however, because you would otherwise have the opportunity for a waiver when you apply for a green card on Form I-485. (To learn more about waiver eligibility, see When Is a Waiver of Inadmissibility Available for a Green Card Applicant?.)
So then the question becomes, if USCIS does deny your I-360, what are the chances that it will send you to removal proceedings? This depends on agency priorities as well as the policies of the current presidential administration. Your best bet is to consult an attorney if you have one or more criminal convictions of any sort. If you have not been deported before, USCIS might issue you an NTA and send you to immigration court if it denies your VAWA application. USCIS might give you the NTA at the same time as the I-360 VAWA denial, or perhaps later.
There is a difference between an immigration application being denied because the person was not eligible and being denied because the person outright lied. If USCIS decides that you have purposefully lied on any of your VAWA-related (or other) applications, the officer reviewing your case will make a Statement of Finding that you committed fraud.
You will likely be charged with fraud as a reason to deport you and be put into removal proceedings, meaning you will need to appear before an immigration judge, with a government attorney also in the courtroom, arguing that you should be deported. Even if your I-360 petition is denied based on a reason other than fraud, the USCIS can still charge you with fraud.
If you are concerned that you made a mistake on your application, it’s best to ask USCIS for an opportunity to explain this. You can make this request either of the USCIS officer who conducts your in-person adjustment of status interview or by submitting additional documents by mail.
Only if the USCIS officer makes a formal Statement of Finding that you lied will you potentially be put into removal proceedings.
If you have ever been deported from the United States and you later returned unlawfully, or you were ordered deported but never left the U.S., and then if USCIS denies your I-360, there is a strong probability you will be deported immediately. This would happen without you being issued an NTA or offered the opportunity to speak to an Immigration Judge.
If this describes your situation, you should absolutely not file Form I-360 without first speaking to an experienced immigration attorney.
In trying to decide whether to file for VAWA, it is best to talk to an experienced immigration attorney to determine the strength of your case. If you do not know whether you have been ordered deported already, you can call the Executive Office of Immigration Review (EOIR) automated status check system at 1-800-898-7180. You will need to know your alien registration number (A-number) in order to use this system.
]]>Last year, I came to the United States to meet a man I had been corresponding with for months. We married, but soon after our wedding, he began to mistreat me. He took my visa and told me that if I leave him, I’ll never get my marriage-based green card and he will have me deported. He has recently thrown me down a flight of stairs and broken my arm. I am very afraid, but the U.S. is my home now, and I don't want to leave. A friend mentioned VAWA, but it seems like a complicated process and I have saved only a small amount of money that my husband does not know about. How important is it for me to hire an immigration lawyer?
Safety and Privacy Considerations for Victims
Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim’s search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device in your car, bag, pocket, or other belongings without your knowledge. If you’re concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. You can also check out our Resources for Victims of Crime.
Technically speaking, hiring a lawyer to help with your VAWA application is not required. But, because of the pages of paperwork and evidentiary documents that are required for this type of application (as well as for most other immigration applications), and because the U.S. government's interpretation of VAWA is constantly changing, the assistance of an attorney could dramatically improve your chances of a successful outcome.
Applying for VAWA relief doesn't mean just filling out a few forms and expecting an approval—you have to actually convince U.S. Citizenship and Immigration Services (USCIS) that you deserve this unusual remedy. The application process can take months, during which time it’s helpful to have an attorney keeping your paperwork safe and handling tasks that would be hard for you to do without attracting your abuser’s attention.
The good news is that a number of immigration attorney who specialize in VAWA cases offer their services for reduced fees, or sometimes for free.
The Violence Against Women Act (VAWA) is a federal law that helps victim advocates, community organizations, and government agencies better respond to domestic violence and sexual assault. A VAWA immigration application is a way for battered immigrant spouses (both men and women) and children of United States citizens and green card holders to obtain a green card (lawful permanent residence) independently from, and without notifying, their abuser. (See 8 U.S. Code § 1154(a)(a)(A)(iii).)
Abused immigrants can apply for a green card via VAWA in two steps. First, you file a self-petition (USCIS Form I-360) along with the requisite supporting documentation. If you meet the criteria for VAWA and USCIS approves your self petition, you may then apply to adjust your status, using USCIS Form I-485. If this application is approved, you will receive a U.S. green card (lawful permanent residence).
For more information about how to file, see Application Process for a VAWA Green Card.
The process of petitioning for a green card through VAWA requires only two steps—but that doesn’t mean it’s easy. To get your case approved, you will need to submit evidence about both you and your abuser, so as to prove:
It can be challenging for abused immigrants to obtain the types of official documents needed in order to prove each of the necessary elements. That's especially true when the abuser withholds documents or identification, as a control method. Or, the immigrant might have already fled from the home and left important documents behind.
Fortunately, USCIS also recognizes the difficulty of gathering evidence. In areas where evidence is lacking, you may present less formal evidence, such as signed declarations, time logs, and letters.
Although less formal evidence is acceptable, and at times can be helpful to your case, it is important that the various documents—especially declarations—be written persuasively and clearly. This is where an attorney can be incredibly helpful, thinking up ways to obtain evidence or documents, helping to interview and draft persuasive declarations on behalf of witnesses to the abuse or people who know other relevant facts about you and your abusive spouse, and organizing it all for USCIS's review.
Moreover, a knowledgeable immigration attorney can help figure out when you’ve gathered enough evidence to prove each of the above elements, making the application process smoother and allowing you to present a more complete application to USCIS.
You will also want to make sure that that your official documents are secure. Sometimes this is difficult for abused immigrants, who lack a stable place to stay (having fled the home), or whose abuser confiscated the needed documents. An immigration attorney can help you keep documents secure.
Additionally, if you are filing a VAWA application without your abuser’s knowledge, an attorney can help shield you from your abuser's wrath by requesting information and documents on your behalf. Any notices you receive from USCIS can be sent to your attorney’s office rather than to your home or that of a friend, or a P.O. box.
After your initial VAWA self petition is approved, your attorney can further guide you in filing the adjustment of status application. This is a lengthy form (I-485), and not all sections apply to VAWA applicants, so a skilled immigration attorney will be able to help you complete the parts that apply to you, assist you in presenting the supporting documents required to get a green card, and also accompany you to your green card interview.
It's not uncommon for someone to come close to qualifying for a VAWA green card, only to find themselves barred from this relief. Perhaps, for example, they have a crime on record, or USCIS thinks they committed immigration fraud in the past (a bar to VAWA relief). The attorney might, for example, be able to find exceptions in the law that could preserve the case, or convince USCIS that its past findings were in error.
Even if you do not qualify for VAWA, you might nevertheless qualify for another type of immigration relief for abused or battered immigrants. For example, a U visa might be available if you are a victim of a serious crimes, have suffered mental or physical abuse as a result, and are helpful to U.S. law enforcement in the prosecution of the criminal activity. Consulting with an experienced immigration attorney is a good way to help ensure that all the legal avenues available to you are explored.
Hiring an immigration attorney can be a significant expense. Fortunately, legal aid organizations around the country might be able to assist you with your VAWA application, either for free (“pro bono”) or for a reduced fee. Many attorneys who regularly practice “humanitarian” immigration law also offer lower rates than family-based and employment immigration attorneys, because they recognize that their clients are often vulnerable. And unlike with most applications, the U.S. government does not charge application fees to VAWA applicants.
]]>If you are the spouse of a U.S. citizen, you are an "immediate relative," and as such can combine these two steps into one and file the I-360 and the I-485 together, or "concurrently."
If your U.S. spouse is a lawful permanent resident (a green card holder), then you are not an immediate relative, and your only choice is to submit the Form I-360 to USCIS first, wait for USCIS approval, wait for your Priority Date to become current (which could take no time at all or months or years), and then file the I-485 application.
This article will guide you in further detail through the first step of the application process and direct you to resources for the next steps.
If you have any questions about your eligibility for VAWA, see Green Card Under the Violence Against Women Act (VAWA): Who Is Eligible.
NOTE: When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you’re doing research or seeking help. Some victims, for instance, might use the same computer or device as the abuser, or might have a phone plan that allows the abuser to see the calls they make and receive. Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser.
Let's start with the task of preparing USCIS Form I-360. The instructions below refer to the edition of the form published on 07/15/22, expiring 4/30/2024.
Form I-360 is used for several different types of applications, which means you will not need to fill out the entire form. Start by filling out the preliminary biographical and other information (Parts 1 through 5), which is fairly self-explanatory.
Then skip the portions that say: “Part 6. Complete Only If Filing for an Amerasian;” “Part 7. Complete Only If Filing as a Widow/Widower," "Part 8. Complete Only If Filing for a Special Immigrant Juvenile Court Dependent;” and “Part 9. Complete Only If Filing a Special Immigrant Religious Worker Petition.”
Be sure to fill out Parts 10 and Part 11, however. Question 12 of Part 10 is particularly important if your spouse is a permanent resident and you're therefore not filing to adjust status concurrently. By choosing the "Yes" box here, USCIS will send you an employment authorization document (a work permit or EAD), and you won't even have to separately file a Form I-765 for it, nor pay a fee. (But if you have derivative children included in your application who need an EAD, or if and when you're still awaiting your green card when your EAD expires and you need to renew it, you will need to submit Form I-765 and pay the filing fee.)
You'll need to sign the application in Parts 11 and 12 (in the sections for "Petitioner" and "Authorized Signatory."
If someone helped you translate or fill out this form, they should fill out Part 13 or 14.
Use Part 15 to fill in anything that didn't fit in the earlier portions of the form.
Most of Form I-360 is pretty straightforward. However, there are a few things to consider. First, Form I-360 allows you to use another person’s address in Part 1 instead of your own (Question 7, an "alternate and/or safe mailing address"), in case you are still living with an abusive person who might get angry and punish you for filing this form. This is the address to where all USCIS notices will be sent, so be sure that you can receive mail at this address in the future.
Self-petitioning spouses and children should check either box “I” or “J” in Part 2.
Part 3 asks for information about you. Enter only a valid Social Security number, if you have one. You might not have an "A number," either; it's only given to people who've filed previous immigration applications or been in deportation proceedings. If you entered the U.S. with a visa, your I-94 should be available on the Customs and Border Protection (CBP) website.
Be sure to list all children in Part 5—yours, and if you are filing as the spouse of an abuser, the abuser's children also (whether they're also yours or not).
Part 4 asks you to state whether you'd like to have your interview held at a U.S. consulate outside the United States. This is appropriate if you yourself are living abroad. However, your first choice if you're in the U.S. now would be to adjust status, meaning to submit paperwork to, and attend your interview at a USCIS office. Although not everyone is normally eligible to adjust status, owing to various bars such as for illegal entry, these bars are lifted for VAWA self-petitioners. (See the USCIS Policy Manual at Chapter 8 - Inapplicability of Bars to Adjustment.)
Part 10 asks for information about the abuser and about your relationship with the abuser.
In addition to the form, you will need to include evidence that you meet all the requirements of VAWA. This evidence should include such items as:
For more information, see Proving Your VAWA Case: Evidence to Submit With I-360 Self-Petition.
It is also helpful to include a cover letter on top of the application describing how you meet each requirement and the evidence you have submitted to prove it.
No USCIS filing fee is required for self-petitioning abused spouses, parents, or children.
The I-360 page of the USCIS website contains complete submission instructions—but there's one important thing you need to figure out before you send it in. Are you the immediate relative of your abuser (the spouse, parent, or minor, unmarried child of a U.S. citizen), or do you have a current priority date (based on a previously filed I-130)?
If either of these are true, you can save a lot of time by submitting your I-360 to USCIS at the same time as your green card application (described below). That way, you don't have to wait for USCIS approval of the I-360 before moving forward with your green card application.
Otherwise—for example, if you're the spouse or child or a U.S. permanent resident who never submitted an I-130 petition on your behalf—you will need to submit your Form I-360 to USCIS, wait for its approval, and then file your green card (adjustment of status) application.
After USCIS receives your I-360 petition, it will send a receipt notice to the address you have provided on the form. USCIS may then review the self-petition to see whether it can be approved if everything you stated within is true. This is called a “prima facie determination.”
If USCIS decides that your self-petition can be approved if it is true, it will send you a “Prima Facie Approval” letter. This does not mean you are granted anything yet. It does, however, mean that you can qualify for some types of public assistance. After sending you this Prima Facie Approval letter, USCIS will take more time to look carefully at your self-petition.
If USCIS needs more evidence to determine whether it should approve your I-360, it will send you a letter asking for it (a "Request for Evidence" or "RFE"). You will have a set period of time, usually 60 days, in which to give USCIS the new evidence or an explanation as to why you cannot do so.
If USCIS does not believe you qualify as an abused spouse, parent, or child, it might send you a “Notice of Intent to Deny.” This will state the reasons why USCIS believes you do not qualify, and will give you additional time to send evidence that will change its mind. If you do not send convincing follow-up evidence, USCIS will deny the self-petition.
USCIS can also deny your I-360 without sending you a Notice of Intent to Deny.
If USCIS believes it has enough evidence showing that you are an abused spouse, parent, or child, it will send you an approval letter for your self-petition. This does not mean you are a lawful permanent resident yet, however. You have only completed the first step in the process.
After USCIS approves your I-360, you can begin to prepare your application to adjust your status (receive a green card). The main form for this is USCIS Form I-485, and more detailed instructions are found in How to File for Adjustment of Status (a Green Card) Based on VAWA.
If the abuser is a U.S. citizen, you are eligible to apply to adjust status as soon as your I-360 has been approved.
If the abuser is a permanent resident (green card holder), however, you will have to wait for a visa to become available in order to apply for your green card. That could take several months or even years. However, with an approved I-360, you can remain lawfully in the U.S. and can request work authorization (an EAD, as described above) while you wait.
Your place on the waiting list is based on your "priority date," which is the date that your I-360 was approved. If the abuser previously filed an I-130 petition for you, you can use that priority date instead.
See Adjustment of Status Procedures for more information on this final stage of the green card application process.
Because the process of applying for VAWA-based permanent residence is complex, consider getting a full analysis of your situation from an experienced immigration attorney. The attorney can also help you prepare the paperwork and monitor your application as it makes its way through the system.
]]>If approved for a U visa, you will be granted legal status in the U.S. for up to four years (which can be extended in rare cases where "exceptional circumstances" warrant it). Once you have held your U visa for three years, you might be eligible to apply for legal permanent residence (a "green card").
However, it is not enough to simply state that you have been a victim of a serious crime in order to get a U visa. You will need to provide a “certificate of helpfulness” from a qualifying government agency and prove that you suffered mental or physical abuse by a U.S. perpetrator. Additionally, if you are “inadmissible” to the U.S. due to past immigration violations or for other reasons, you will need to apply for a waiver of these grounds.
This article addresses who will qualify for a U visa and what evidence you will need to prepare for your petition. For detailed instructions on applying, see Filing an I-918 Petition for a U Visa.
In order to apply for a U visa using Form I-918, Petition for U Nonimmigrant Status, you must meet the following criteria and provide substantial evidence to U.S. Citizenship and Immigration Services (USCIS):
You can apply for a U visa from within the U.S. or abroad at a U.S. consulate. Be sure to consult with an advocate familiar with U visas or an experienced immigration attorney who can help you with your application. Keep reading for more information on what evidence is necessary to prove that you qualify for a U visa.
In a typical U visa case, you will have been the victim of a serious crime that took place in the United States. In some cases, however, the crime might have violated U.S. laws overseas (such as a human trafficking or kidnapping crime). Examples of qualifying crimes are:
The crime need not have been “completed” in order for it to qualify. An attempt, solicitation, or conspiracy to commit one of the above-mentioned crimes is enough. For example, obviously a murder victim wouldn’t be applying for a U visa. But if you are the victim of attempted murder, you may qualify for a U visa.
It is not enough to merely be victim of a qualifying crime. You must have suffered “substantial” physical injury or mental anguish as a result of this criminal activity and you must provide USCIS with medical records and affidavits to support your claim. In determining whether the injury you suffered was “substantial,” USCIS will consider how severe the injury was, for how long the abuse occurred, and how likely it is to cause you lasting or permanent harm.
You should provide a personal statement detailing the physical or mental harm you suffered, as well as medical records or statements from treating physicians and psychologists, photographs of physical injuries, and affidavits from social workers.
One of the reasons for the authorization of U visas is that many U.S. immigrants do not provide information to law enforcement due to cultural differences, language barriers, and fear of deportation. Due to this reluctance to report, many perpetrators of serious crime have viewed immigrants as an excellent “target.”
In order to further the public safety objectives of these visas, your petition must be certified by a police officer (or other law enforcement official) via Form I-918B. The law enforcement agency must attest that you were a victim of a qualifying crime and you are likely to be helpful to an investigation or prosecution of the crime.
Police departments are not the only qualifying law enforcement agency who can issue a certification of helpfulness. Any law enforcement agency that has “responsibility for the investigation or prosecution of a qualifying crime or criminal activity” may complete the certification of helpfulness.
Cooperating with law enforcement and providing information that could lead to the identification, arrest, and conviction of a criminal is absolutely vital, in order to receive a U visa. Law enforcement agencies are not, however, obligated to provide a certification of helpfulness (except in some states that have passed laws saying they must). For more on this, see What’s Needed for a U Visa Certification of Helpfulness.
To be eligible for a U visa, you must not be “inadmissible” to the United States. This means that you would not be barred from U.S. entry due to factors such as multiple criminal convictions, immigration violations, certain medical conditions, or any of several other reasons. (See Inadmissibility: When the U.S. Can Keep You Out.)
You need not, however, worry about being inadmissible as a likely public charge (someone who might have to rely on need-based public assistance), which does not apply to U visa applicants as of 2014.
In order to apply for a waiver of inadmissibility, you must submit USCIS Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. Unlike the I-601 inadmissibility waiver that's required for other nonimmigrant and immigrant petitions, this waiver does not require a showing of “extreme hardship.” Such waiver applications are reviewed on a case-by-case basis.
It is important to disclose every ground of inadmissibility in your U visa petition. If you fail to disclose prior immigration violations or criminal activity, you risk having your U visa revoked. Because of the high stakes, you should review a copy of your immigration and criminal records prior to applying, if you have any question about inadmissibility.
Certain family members might be eligible to become derivative U visa recipients if the principal petitioner’s application is approved. These include your:
You can submit Form I-918, Supplement A, Petition for Qualifying Family Member of U Visa Recipient along with your own petition or after your U visa is approved.
Any derivative relatives that you include must also be “admissible” to the U.S. (or apply for a waiver) and have good moral character. (The "public charge" ground of inadmissibility doesn't apply to derivative family members, either.)
If you think you might be eligible for a U visa based on the above, start the application process as soon as possible, ideally with the help of a licensed, experienced immigration attorney. If you can provide plenty of details to aid law enforcement, you will improve your chances of receiving a certification of helpfulness.
Also, the earlier it is in the criminal investigation and prosecution, the more likely it is that you will be able to convince USCIS that you play a vital role in bringing the criminals involved to justice and should be therefore be allowed to stay in the United States.
]]>In order to qualify for it, you must show that:
You can also qualify for VAWA cancellation of removal if you are a parent of an abused child of a U.S. citizen or LPR, even if you are not married to the child’s other parent.
If your VAWA application is based on a spousal relationship, you must also show that you entered into your marriage in good faith, with the true intention to create a life together (as opposed to merely trying to get a green card).
VAWA cancellation of removal requirements are very similar, yet distinct from the affirmative VAWA application with United State Citizenship and Immigration Services (USCIS) that some abused foreign nationals can file using Form I-360.
The biggest difference is that you must already be in removal proceedings (in immigration court) to apply for VAWA cancellation. The application must be filed with the court on Form EOIR 42-B.
Some other differences include that a broader set of persons is eligible for VAWA cancellation then for affirmative VAWA. For example, adult (over-21) children of U.S. citizens and LPRs are not eligible for affirmative VAWA, but are eligible for VAWA cancellation. Spouses of citizens and LPRs who have been divorced for more than two years, and parents of an abused child of a U.S. citizen or LPR who is not married to the other parent, can also qualify for VAWA cancellation of removal but not affirmative VAWA.
On the other hand, affirmative VAWA applicants do not have the three-year residency requirement that VAWA cancellation applicants do. If you are not sure whether you qualify for affirmative VAWA or VAWA cancellation, consult an immigration attorney.
Both affirmative VAWA and VAWA cancellation waive (overlook) many of the grounds of immigrant inadmissibility, including unlawful presence and public charge. In order to apply for VAWA cancellation, however, you must have a pending immigration court case and not a final removal order. If you have a removal order you might be still be able to apply for affirmative VAWA with a waiver, or you could file a motion to reopen if you want to pursue VAWA cancellation.
If you are in removal proceedings, you can still apply for VAWA through USCIS. If the agency approves your application, the immigration judge can adjust your status (grant you a green card) in court. This can be a good option if you also qualify for affirmative VAWA but your case might be delayed if you first have to wait for USCIS to approve your application and then wait for a hearing date with a judge.
Again, if you are in removal proceedings and qualify for both affirmative VAWA and VAWA cancellation, you should consult an immigration attorney.
If you decide to apply for VAWA cancellation of removal, an immigration judge, not a USCIS officer, will determine whether you meet all the requirements and should thus be granted relief (lawful permanent residence, also known as a green card).
The proof you will need in order to show the judge that you qualify is much the same as for affirmative VAWA. It includes:
If you are put into removal proceedings after being denied an affirmative VAWA application, you can still apply for VAWA cancellation as a defense to removal in front of the judge, assuming you still meet all the requirements.
If you are in deportation proceedings, it is best to contact an experienced immigration attorney as soon as possible to discuss your potential options. The attorney can analyze your case, confirm or determine the remedies that you could ask for, gather documents and paperwork, draft legal arguments on your behalf, prepare any witnesses, and appear with you in immigration court for your hearings.
]]>