Overview of Violence Against Women Act

The Violence Against Women Act (“VAWA”) was enacted by the United States Congress in 1994. The primary purpose of the VAWA was to end violence against women and was unique in that it was the first comprehensive federal legislation with this important topic as its focus. Since 1994, the VAWA has been reauthorized several times and is understood to protect both men and women from violence.

Under the VAWA, an immigrant who is the victim of violence may seek an immigrant visa. Unlike many other immigrant petitions, which require a qualifying relative petition for you, individuals may self-petition under the VAWA.

Eligibility Requirements:

In order to be eligible to apply for an immigrant visa under the VAWA, an individual must demonstrate he suffered abuse by his spouse, parent, or child who is a U.S. citizen or a legal permanent resident. The definitions of parent and child are specific, so consult an immigration attorney before proceeding.

An individual whose application is based on abuse by their spouse must demonstrate he:

• Is married to a U.S. citizen or a legal permanent resident;

Note: there are some exceptions to this requirement.

• Suffered extreme battery or cruelty by his spouse his child has suffered extreme battery or cruelty by his spouse;

• Entered his marriage in good faith;

• Resided with his spouse; and

• Is a person of good moral character.

An individual whose application is based on abuse by their child must demonstrate he:

• Is the parent of a U.S. citizen or a legal permanent resident who is over 21 years old;

• Suffered extreme battery or cruelty by his child;

• Resided with his child; and

• Is a person of good moral character.

An individual whose application is based on abuse by their parent must demonstrate he:

• Is the child under 21 years old of a U.S. citizen or a legal permanent resident;

• Suffered extreme battery or cruelty by his parent;

• Resided with his parent; and

• Is a person of good moral character.

Application Process:

In order to apply for an immigrant visa under the VAWA, you must submit Form I-360 to U.S. Citizenship and Immigration Services (“USCIS”), along with evidence you meet the requirements listed above.

Derivatives:

Some qualifying family members may be eligible to be included as derivatives of your application based on their relationship to the principal applicant.  

USCIS Filing Fees:

The application for an immigrant visa under the VAWA (Form I-360) is free. There may be filing fees for other forms you may need to submit along with your application. However, you may be eligible for a fee waiver for these other applications. Please ask your attorney if you qualify for a fee waiver.

Eligibility to Work in the United States:

If an individual is approved for an immigrant visa under the VAWA, he is eligible to work in the United States. The Employment Authorization Document is issued for one year and must be renewed each year.

Permanent Residency:

If an individual is approved for an immigrant visa under the VAWA, he may be eligible to apply for Legal Permanent Residency as well. The date an individual is eligible depends on the relationship to the abuser and to any applicable priority dates. You should consult with your immigration attorney to determine if and when you are eligible to apply for legal permanent residency.

Conclusion:

Please note this is an overview of immigration benefits under the VAWA and is not meant to be legal advice. Soberalski Immigration Law has several years of experience preparing applications under the VAWA and is able to help you with the process. Please contact our office to schedule an appointment if you have questions about your eligibility or about the process in general.