VAWA Petition: legalize your status in the United States

What documents do you need for a VAWA self-petition? 

• I-485 Petition.
• Copy of the I-797 Form, procedure that it is not necessary if you present the I-360 and I-485 Forms. 
• Two  passport-sized photographs.
• Copy of your ID document.
• Copy of your birth certificate. 
• Waiver for the affidavit of support. 
• Medical report and vaccinations.
• Copy of your immigrant visa (which would be on your passport, if you have it).
• Copies of your entrance stamps/permits into the United States.
• Show your police record, if needed.
• Show any documents that may show that you do not have immigrant status, if needed.

What if your I-360 Form is rejected? 

If this were to happen, the applicant can make an appeal. The refusal letter will clearly let you know how to do that. The notice of appeal must be done 33 days after the refusal has been received.

The applicant should pay for the corresponding fees and, along with the form in the service center, the appeal will be referred to the authorities. The applicant must keep an eye on the status of his or her application, because if it is rejected, you only have 33 days to solve this situation.

Can a man apply for VAWA? 

The answer is yes, since men can also make use of the VAWA self-petition according to what was outlined in the Violence Against Women Act.

Likewise, it is noteworthy that the VAWA procedure applies to any person regardless of gender. Men who have been victims of abuse can also apply for VAWA as long as they meet all the requirements. This is a law neutral in regards to gender. 

What must the relationship with the abuser be like when you apply for VAWA?

The applicant does not need to continue the relationship with the abuser in order to get the I-360 petition, 

The applicant does not need to continue being married to the abuser in order to have his or her I-360 petition. Since the year 2000 you can do it regardless of your relationship to him or her. However, if the applicant is still married to the abusive spouse, you must meet some requirements:

• You need to have believed that you were still legally married to your spouse even if the marriage is invalid due to bigamy on part of the abuser. 
• A diseased spouse that passed away 2 years after the petition was made.
• Whether the spouse had renounced to his or her citizenship or LPR because of violent behavior. 
• The marriage must have ended within the last 2 years before the application was sent and a relationship between the end of the marriage and the aggression. 

It is important to mention that whether the marriage was nullified or not, it is irrelevant to your immigration petition. Generally speaking, this process requires professional legal help , so it is strongly recommended that you seek help from an attorney, the guidance of a competent immigration lawyer will increase your chances of successfully completing the process.

How can you benefit from VAWA in a case of divorce 

There is no problem whatsoever if a divorced person applies for VAWA as long as the divorce process was completed 2 years before the application date, and if you an establish that there is a relationship between the divorce and the case of violence.

It is very important to note that if the I-360 Form is rejected if the applicant remarries before it is approved. But if the person gets married after this form is approved, this will have no effect on the petition.

What are the rights of these citizens?

Even when a person in the United States does not have a citizen or LPR status, he or she has rights that guarantee:

• Legal protection for any person and his or her family.
• The right to separate from his or her spouse without his or her consent.
• The right to share a marital property. 
• The right to request economical support and child custody.

In this article, we are trying to provide as much information as possible so that you understand how VAWA works. Nevertheless, this is a complex process so you should definitely try to find help from an immigration lawyer.

What if I am in a deportation process?

If this is your case, and you are a victim of domestic violence, it is possible that you can apply for a cancellation of deportation through VAWA. If your VAWA petition is approved, your deportation would be avoided and you would be able to have a legal permanent resident status.

And once again, we must remind you that the best way to determine whether you can apply for a cancellation of deportation or not, is to have a competent immigrant lawyer. We would be happy to help you, and we have plenty of experience with VAWA cases. 

Can minors apply for VAWA?

Once again, the answer is yes. If you are 21 years old or younger, single, and have been a victim of domestic violence by one of your parents who is an American citizen or LPR, you can choose to make your petition and get legal permanent residence. 

If you already turned 21, it does not matter, you still have time to do it until you turn 25. You only need to prove that you were a victim of abuse.

For the American authorities to believe that you are an abused child, you need to prove the following: 

• You are the child of an abuser who has American citizenship or permanent residence in the United States.
• You must actually be the victim of abuse by one of you parents who is either an American citizen or LPR.
• You need to prove that you lived for some time with your parent who abused you.
• You must be of good moral character.

What will happen to the abuser?

You must understand that if the abuser is an American citizen or a LPR, he or she will not be able to avoid justice and will have to face charges for abuse. 

If the abuser is a LPR, it is most likely that he or she will lose that status and might face deportation proceedings.  

If he or she is a citizen, he or she might not lose his or her citizen status but might need to face criminal charges in the United States. 

Conclusion 

Throughout this article, we reviewed many different parts of the Violence Against Women Act, and what citizens must do if they want to obtain their residence, a path that (as you may have noticed), is not at all easy, especially if you have been a victim of domestic violence.

First and foremost, it is essential that you understand how this process works in general, so that you can find out whether you really qualify for VAWA or not. If you do not actually qualify, it would be pointless to apply since your application will be rejected and you might be stuck in appealing proceedings that would not be at all easy. 

Therefore, once again we strongly recommend that you seek professional legal assistance , a competent immigration lawyer who has experience in VAWA and knows well what needs to be done for your residence to be approved.

Being an immigrant could turn into one of the most difficult experiences a person can face, and if you top it with being a victim of abuse, that is just one of the worst situations you can face. So, under such circumstance, a law such as VAWA, it is very important to protect those who make the decision of leaving their countries to find better conditions in a foreign land.

For instance, if you qualify for VAW, make sure you start the process as soon as possible, and do not forget to find professional help to avoid unnecessary delays or inconveniences.