VAWA - Violence Against Women Act Presentation

VAWA - Violence Against Women Act
Basics & Eligibility

1. Violence Against Women
Act (VAWA)
Basics & Eligibility

2. Overview of VAWA
In 1994, Congress passed the first piece of federal legislation
addressing the social problems of violence against women-
the Violence Against Women Act (VAWA)
Prior to VAWA, immigrant victims relied entirely on their
abusive spouses to petition on their behalf (through
Family-Based Immigrant Process)
Under VAWA, eligible noncitizens can self-petition
independent of abusive LPR/USC spouse or LPR/USC
parent, or USC adult son/daughter in case of abused parent

3. Requirements under VAWA
1. Relationship to Abuser
2. Legal Status of Abuser
3. Good Faith Marriage (where abuser=spouse)
4. Joint Residence with Abuser
5. Physical / Mental / Sexual / Financial Abuse
and/or Extreme Cruelty
6. Good Moral Character

4. (1) Relationship to Abuser
VAWA SELF-PETITIONER MUST BE:
◼SPOUSEor CHILD* of either
a. United States Citizen (USC), or
b. Lawful Permanent Resident (LPR)/green
card holder
◼OR, a PARENTof a USC son/daughter (over 21 years of age)
*Child = unmarried AND under 21 yrs. of age, but can apply up to
age 25 if abuse was “one central reason for filing delay”

5. Documenting Relationship
to Abuser
▪Spouse of Abuser: Legal Marriage
▪Marriage certificate
▪Divorce decrees from prior marriages*
▪Death certificates of prior spouses
▪Child of Abuser: Parent-Child Relationship
▪Birth certificate
▪Adoption papers
▪Marriage certificate of parents showing marriage before
child turned 18 years old (step-child)
▪Parent of Abuser: Parent-Child Relationship
▪Same as above
*If bigamy on the part of USC/LPR abuser, spouse still eligible to file
VAWA SP

6. (2) Legal Status of Abuser
•Applicant must demonstrate that the Abuser is either a:
-United States Citizen (USC) or
-Lawful Permanent Resident (LPR)
•Applicant must provide proof of Abuser’s legal status:
U.S. Citizen Abuser
* Birth certificate
* Copy of Abuser’s naturalization certificate
* Copy of U.S Passport
LPR Abuser
* Copy of immigration notices
* Copy of Abuser’s green card
* Copy of Abuser’s driver’s license / social security card

7. (3) Good Faith Marriage
◼Applicant must demonstrate that she/he entered into the
marriage in good faith
* Marriage certificate
* Birth certificates of children born from the couple
* Divorce decrees from previous marriage from
either the petitioner or his/her spouse
* Family photos, love letters, emails, etc.
◼Applicant must show that she did not marry the Abuser
solely for the purpose of obtaining immigration status

8. (4) Joint Residence with
Abuser in the United States
◼Applicant must demonstrate that she/he lived with the Abuser in
the United States
* Rental agreements
* Tax returns
* Utility bills
* Insurance policies, financial accounts
* School records
* Letters addressed to Applicant or Abuser at the
same address
◼Must have lived together while married at least 1 day

9. (5) Physical / Mental / Sexual / Financial
Abuse and/or Extreme Cruelty
•Applicant must demonstrate that she/he suffered
“battery and/or extreme cruelty”during the relationship
with the LPR/USC spouse
* Declaration
* Police reports
* Restraining orders
* Hospital records
* Witness letters from family and/or friends
* Letters that evaluate emotional harm (Counselors,
Therapists, Psychologists, Social Workers, etc.)

10. (6) Good Moral Character
◼Each Applicant must show she/he is a person of good moral
character
◼Immigration looks at the criminal history to determine whether
the applicant possesses good moral character
◼FBI Report and/or “No record” letter(s)
◼Criminal court dispositions for ALL arrests/convictions
◼Applicants age 14 and older must submit to Biometrics
(fingerprints) for an FBI background check
◼If Applicant has significant immigration or criminal violations,
this may hinder approval of their VAWA petition
◼UNLESS they can show that their negative immigration / criminal
history is tied to the abuse

11. DEADLINESto keep in mind
▪DIVORCE--If marriage ended in divorce and there is a connection
between divorce and DV, SP must be filed WITHIN 2 YEARS of finalized
divorce
▪DEPORTATION/REMOVAL OF ABUSER--If abuser loses LPR status and loss
of status due to an incident of DV, SP must be filed WITHIN 2 YEARS of
loss of status
▪DEATH OF ABUSER--If USC abuser dies, SP must be filed WITHIN 2 YEARS
of abuser’s death (applies only to USC abuser NOTLPR abuser)
▪DERIVATIVE CHILDREN--Can only be included on principal applicant’s SP
ONLYif UNDER 21 (and unmarried)

12. Filing the VAWA Self-Petition
◼Complete USCIS Forms:
◼G-28 (Attorney Representation Form)
◼I-360, VAWA Self-Petition
◼Prepare a detailed declaration of the history of abuse
◼Collect documents to prove the VAWA requirements
◼Submit petition to the Vermont Service Center (VSC) of the United
States Citizenship and Immigration Services (USCIS), Attn: VAWA Unit

13. Filing the VAWA Self-Petition jointly with
the Adjustment of Status Application
▪In addition to the VAWA self-petition USCIS forms and supporting
documentation you must also do the following:
▪Complete USCIS Forms:
▪Form I-485, Application to Adjust Status
▪Form I-864W, Affidavit of Support Exemption
▪Form I-765, Application for Employment Authorization
▪Form I-131, Application for Advance Parole (optional)
AND…

14. Filing the VAWA Self-Petition jointly with
the Adjustment of Status Application
(continued)
•Prepare Fee Waiver
•Collect the following documents:
•Sealed medical exam (Form I-693)
•4 passport photos
•2 for I-765
•2 for I-485
•IF most recent entry into U.S. was a lawful entry and proof is available, I-
94/Border crossing card/Visa with entry stamp

15. Benefits of VAWA
▪Path to LPR status (for derivative children also)
▪If abuser is USC, self-petitioner may be immediately eligible to
apply for LPR status (“green card”)
•If abuser is LPR, self-petitioner may have to wait to apply for
LPR status (until “Priority Date” becomes current)
•See PD listed on I-130 notice, if any
•if no I-130 previously filed, PD will be date VAWA SP received by USCIS
•Monthly Visa Bulletin to check whether or not PD current available at www.travel.state.gov
▪Authorized to work once I-360 approved
AND…

16. Benefits of VAWA (continued)
▪Waiver of certain ground(s) of inadmissibility
▪Public Benefits (varies by State)
▪Otherwise eligible applicants can receive public benefits like CalWORKs (cash
assistance/Food Stamps/full scope MediCal) even while I-360 is pending (once
prima facie determination letter received)
▪Federal Financial Aid
▪VAWA self-petitioners and derivatives are eligible for federal financial aid once SP
approved