Violence Against Women Act (VAWA)

The United States created the Office on Violence Against Women to enforce the Violence Against Women Act and its legislation.

In March of 2022, President Biden announced that the House of Representatives and Senate voted to renew the VAWA, an act designed to help prevent violence against women and provide support to victims and survivors. The reauthorized Violence Against Women Act has 1.3 trillion USD allocated to it to aid in support for victims of gender-based violence.

Under VAWA, you may qualify to become a lawful permanent resident if you are the victim of abuse committed by:

A United States citizen spouse or former spouse;
A United States citizen parent or step-parent;
A United States citizen child;
A lawful permanent resident spouse, or former spouse; or
A lawful permanent resident parent

If you suffer from domestic violence, you may self-petition under VAWA by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You may do so without the knowledge or consent of your abusive family member. Any person who files for a VAWA self-petition is acknowledged as a VAWA self-petitioner. If the self-petition is approved and you meet the requirement, you may qualify to become a lawful permanent resident.

Do You Qualify for VAWA if Married to an Abusive Spouse?

You must meet these requirements to potentially qualify for a VAWA self-petition:

You are currently married to a lawful permanent resident or United States citizen;
You have divorced your lawful permanent resident or U.S. citizen spouse within the past two years. And the divorce was connected to the abuse. (To qualify in this category, both statements must apply to you.);
You married your U.S. citizen or permanent resident spouse believing they were unmarried, later to find out they were in an existing marriage;
Your U.S. citizen spouse died within the last two years. (This does not apply to those whose spouse was a lawful permanent resident.);
You were married to a U.S. or lawful permanent resident who lost their immigration status within the last two years due to domestic violence.

If any of the above applies, you must prove to the USCIS that your marriage was bona fide (entered in “good faith.”) Meaning you did not marry your current/former spouse primarily to change your immigration status.

How to Prove a Bona Fide Marriage?

The USCIS cannot mandate you provide a specific type of evidence to prove a bona fide marriage; however, common types of evidence include:

A statement from you that entails your relationship and the reasons why you married your spouse;
The birth certificates of any child you have together;
Photographs of you and your spouse at varying times in your relationship and in different locations;
Evidence of your relationship in the form of call records, emails, text messages, and letters;
Evidence of shared financial assets and/or responsibilities. Which can include joint bank accounts, joint tax returns, joint property ownership, joint credit cards, joint leases, and shared insurance plans; and
Testaments from friends and/or family who know your relationship and your reasons for marrying your spouse.

Do You Qualify as an "Abused Child" if Married?

To qualify for a VAWA self-petition as the abused child of a legal permanent resident or an American citizen, you must not be married at the time of filing and remain unmarried until its approval. It is okay to marry after the self-petition has been granted.

Do You Qualify if You are the Child or Step-Child of an Abuser?

If you are under 21 and unmarried, you may qualify for a VAWA self-petition upon meeting the following criteria:

Your abusive parent is a lawful permanent resident or an American citizen;
Your abusive step-parent is a lawful permanent resident or an American citizen, and they married your parent when you were 17 years or younger;
Your adoptive parent is an American citizen or lawful permanent resident, and you were adopted before the age of 16;
Your abusive parent lost their status as an American citizen or lawful permanent resident within the last two years because of their abuse.

If you are over the age of 21 and unmarried, you may still qualify for a VAWA self-petition if:

You file before you turn 25;
You can prove you would have qualified for a self-petition when you were under the age of 21; and
You can establish the domestic abuse was a “central reason” for not filing before you turned 21.

Krewson Law is an immigration firm with know-how about the Violence Against Women Act (VAWA). If you are married to, are the parent to, or are the child of an American citizen or permanent resident and have been abused, Krewson Law can help you self-petition and determine if you qualify to apply for adjustment of status. Don’t suffer in silence – reach out today for a consultation!