VAWA: The Violence Against Women Act

The Violence Against Women Act (VAWA) under the Immigration and Nationality Act (INA) allows battered spouses (both women and men), parents, and children of abusive U.S. citizens or legal permanent residents to petition for legal status without relying on the immigration sponsorship of their abusive family members.  The VAWA provisions are permanent and do not require congressional re-authorization.  This form of “self-petition” gives the victims of domestic violence, battery, and extreme cruelty an opportunity to escape from their abusers and obtain legal status by submitting necessary paperwork directly to the government.  The abuser does not need to sponsor the victim and is not notified about the filing.  There is no government fee for the Form I-360 when filed by VAWA self-petitioners.

Those Eligible to File:

  • Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
  • Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
  • Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a Spouse:

You are:

  • married to a U.S. citizen or permanent resident abuser, or
  • Your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
  • You:
    • have been abused in the United States by your U.S. citizen or permanent resident spouse, or
    • have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
    • are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
    • You entered into the marriage in good faith, not solely for immigration benefits.
    • You have resided with your spouse.
    • You are a person of good moral character.

 

 Eligibility Requirements for a Child:

You:

  • are the child of a U.S. citizen or permanent resident abuser
  • were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence
  • have been abused in the United States by your U.S. citizen or permanent resident parent
  • have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
  • have resided with the abusive parent
  • have evidence to prove your relationship to your parent
  • must provide evidence of good moral character if you are over the age of 14

 

Eligibility Requirements for a Parent:

  • You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
  • You have been abused by your U.S. citizen son or daughter
  • You have resided with the abusive son or daughter
  • You are a person of good moral character

 

Filing Process

  • Complete and file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation
  • If you meet all filing requirements, you will receive a notice valid for 150 days that you can present to government agencies that provide public benefits to victims of domestic violence
  • If your Form I-360 is approved and you do not have legal immigration status in the United States, you may be placed in deferred action, which allows you to remain in the United States
  • Once your Form I-360 is approved, you and your children listed on your approved Form I-360 may be eligible to file for permanent residence through Form I-485, Application to Register Permanent Residence or Adjust Status
    • If you are placed in deferred action, you and your children listed on your approved Form I-360 can apply to work in the U.S. by filing Form I-765, Application for Employment Authorization
    • Immediate relatives (i.e., spouses, children, and parents of U.S. citizens) can file for adjustment of status at the same time they file their VAWA self-petition
    • Preference category individuals (i.e., spouses and children of LPRs) can file for adjustment of status when their visa priority number becomes available

 

Sharon Attorney Sharon Liu received her Juris Doctorate from the University of California, Hastings College of the Law, where she was actively involved in the Immigrants’ Rights Clinic, Workers’ Rights Clinic, and Civil Justice Clinic.  She received UC Hastings’ Outstanding Achievement in Pro Bono Award and was a member of the Asian Pacific American Law Student Association.  Prior to working at Lipman & Wolf, LLP, she was a Law Fellow at the International Institute of the Bay Area and Bay Area Legal Aid.  She is fluent in Chinese (Mandarin).