VAWA Applications

The Violence Against Women Act (VAWA) offers protections to female survivors of domestic abuse and sexual assault in the United States. These protections are not limited to U.S. citizens: An immigrant who experiences abuse from their sponsor may be able to independently secure a Green Card through a VAWA application. Because family-based visa applicants are reliant on the support of their sponsor, many abuse victims find their immigration case reliant on the whims of their abusive family member. VAWA provides these immigrants with an option to bypass their abusive family members entirely.

If you are considering a self-petition under VAWA, speak with a dedicated immigration lawyer in a confidential consultation. You might be able to proceed with your visa application without being afraid that your abuser will find out.

What Is Self-Petitioning?

When a person applies for a U.S. visa based on their family ties to a U.S. citizen or resident, they typically must be sponsored by that family member. Without the assistance and support of a U.S. citizen, the visa application process can be difficult, if not impossible.

The term “self-petitioning” means an applicant is allowed to petition for a visa themselves instead of having their abusive spouse or family member do it for them. In fact, a person who self-petitions through VAWA is able to continue their visa application without their abuser being notified at all.

What Forms Are Needed?

Applying for resident status under VAWA involves completing forms and submitting documents. First, an applicant must prepare a cover letter outlining their reasons and qualifications for seeking protection under VAWA. Along with this cover letter, an applicant should include Form I-360, also commonly referred to as the petition for special immigration. Form I-360 is one of the few forms that must be submitted to the United States Citizenship and Immigration Services (USCIS). While visa applicants are required to provide their address, one of the benefits of VAWA applications is that the address of an attorney’s office could be used instead.

In addition to submitting the necessary paperwork, establishing eligibility for VAWA status is crucial during the application process. This often involves some kind of documentation—and perhaps testimony—that an assault or some other form of mistreatment occurred at the hands of a close family member. Police reports and witness statements are often used as evidence but are not required.

Finally, VAWA offers the option to sponsor children as well. This requires providing additional information demonstrating that these children are currently present in the country but do not have legal permanent residency or citizenship status. An experienced attorney could ensure that all the necessary documentation is in order for a successful VAWA application.

The Process of Self-Petitioning Under VAWA

There is more to self-petitioning for protection through VAWA than completing a form and waiting for a decision. Not every applicant is guaranteed approval, as the federal government scrutinizes every form they receive. Often, USCIS will request additional documentation to establish eligibility.

As part of this process, the government can also undertake a background check. This is done not only to confirm many of the details in the application but also to ensure an applicant is of good moral character.

The background check is also used for admissibility issues. The reality is that some people are simply inadmissible to the United States under federal law. This can happen when they are convicted of a crime or have been previously deported after entering the country unlawfully. There are options for securing a waiver in some situations. This means VAWA protections might be an option even for someone who is otherwise ineligible to immigrate to the United States. However, securing these waivers can be especially difficult without help.

The most important thing to remember is that an attorney could help with every stage of the application process. Experienced legal counsel could assist with reviewing documents before they are filed to ensure they clearly demonstrate an applicant’s eligibility and need for VAWA protections. An attorney could also ensure that the process does not suffer avoidable delays by remaining in contact with USCIS throughout the process.

Our Attorneys Could Help With Your VAWA Application

Protection under VAWA could allow you to continue on your immigration journey without relying on an abusive sponsor. When you have questions about VAWA applications, a dedicated immigration attorney could have the answers. Call Solano Law Firm today to schedule a private meeting.