VAWA Visa requirements: what you should know if you have suffered abuse

When we talk about VAWA (Violence Against Women Act), many people think it only applies to women or that it is an impossible process to achieve without the support of the person who has hurt them. Neither is true. Based on our experience handling these cases, we want to explain in general terms how it works, so you know whether this may be an option for you.

What is a VAWA self-petition?

It is a process that allows certain people to request their own immigration status without depending on their abuser to sponsor them, something designed specifically to break that dependence. It is filed with USCIS using Form I-360.

Who might qualify?

In general terms, we have seen that people who have been victims of abuse by the following may apply:

• A spouse (husband or wife) who is a U.S. citizen or permanent resident, even if they are already divorced, when the divorce took place within the last two years and is related to the abuse.
• A parent who is a U.S. citizen or permanent resident, if the person is under 21 and unmarried.
• A stepparent, under certain similar conditions.
• An adoptive parent, if the adoption took place before the age of 16.
• A U.S. citizen son, daughter or stepchild, if the applicant is the parent and the child is already over 21.

Every case is different and these are general guidelines, not a closed list or a guarantee of eligibility.

What else is usually required?

In addition to the relationship with the abuser, the following are normally evaluated:

• Evidence of the abuse suffered.
• Good moral character.
• In the case of spouses, that the marriage was entered into in good faith and not solely to obtain an immigration benefit.

The evidence can range from your own statement to shared documents, photos, communication with your partner, or testimony from people who knew the relationship; the more complete the file, the better.

This is not legal advice

All of the above is general information, not an evaluation of your case. Every immigration situation has different details that can completely change what does or does not apply: time in the country, immigration history, available evidence, among other factors. That is why, before drawing conclusions about your own case, it is best to speak directly with an attorney.

If you believe this may be your situation, schedule a consultation with us and let's review your options together.

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