Undocumented immigrant victims of domestic violence frequently encounter challenging circumstances. The fear of being deported can cause them to hesitate in reporting their abusers or reaching out for help from authorities, putting them at risk for continued abuse. Luckily, the Violence Against Women Act (VAWA) offers a way for these individuals to achieve safety and legal protection. Understanding the process and timelines involved is crucial if someone you know is considering applying for a VAWA petition. This blog will guide you through the key components of VAWA, including who qualifies and the typical VAWA processing time.
What is the Violence Against Women Act?
The Violence Against Women Act (VAWA) is a landmark piece of legislation enacted by Congress in 1994. Its primary goal was to protect victims of domestic violence, particularly undocumented women, who often endure abuse in silence due to fear of deportation. Before VAWA, abusers could use their victim’s immigration status as leverage, making it difficult for victims to escape their abusive situations.
VAWA allows victims of domestic violence who are married to U.S. citizens or lawful permanent residents (LPRs) to self-petition for legal status in the United States. This self-petitioning process means that victims can seek help and protection without the involvement or knowledge of their abuser. Over the years, VAWA has been reauthorized and expanded, most recently with the VAWA Reauthorization Act of 2022, which broadened the definitions of violence and abuse to offer more comprehensive protection.
What About Victims Who Aren’t Women?
The Violence Against Women Act (VAWA) is not exclusive to women, despite its name. Instead, it protects various victims, regardless of gender or age. This inclusiveness is essential because domestic violence can impact anyone, not just women.
VAWA protections extend to:
- Transgender individuals: Transgender people often face unique challenges and vulnerabilities in cases of domestic violence. VAWA acknowledges these difficulties and provides necessary protection to transgender victims.
- Men: Men who suffer from domestic violence inflicted by their spouses or partners are also eligible for protection under VAWA.
- Children: Both girls and boys who are victims of abuse by a U.S. citizen or lawful permanent resident (LPR) parent or stepparent can seek VAWA protection.
- Abused spouses: VAWA safeguards spouses of U.S. citizens or LPRs who are subjected to abuse.
- Parents of U.S. citizens: Parents whose U.S. citizen children have been abused can also self-petition under VAWA.
VAWA’s comprehensive scope ensures that all victims — irrespective of gender, age, or their relationship with the abuser — have the opportunity to seek protection and legal status in the U.S.
What is a VAWA Self-Petition?
A VAWA self-petition is a method where victims of domestic violence can request a green card without the need for their abuser’s participation. This step is crucial for individuals who need to leave harmful situations but fear it could impact their immigration status.
Two main steps are involved in the process of self-petitioning.
- Submitting the Self-Petition: Victims must turn in Form I-360, which serves as a request for an extraordinary immigrant, widow(er), or Amerasian. This form enables victims to request legal status on their own. Victims of abuse do not have to pay the regular filing fee for Form I-360.
- Applying for Adjustment of Status: Once the self-petition is authorized, victims are eligible to apply for adjustment of status by submitting Form I-485. This form is used to request a green card, which enables the recipient to attain lawful permanent residency.
VAWA self-petitioners must provide documentation to support their claims of abuse and qualify for VAWA benefits. It is strongly advised to consult with a skilled immigration lawyer who can assist you in navigating this intricate procedure.
VAWA Processing Time
The time it takes to process a VAWA petition depends on several factors, such as the number of applications received and the details of each case. On average, it takes 12 to 24 months to process a VAWA self-petition (Form I-360). Nevertheless, the timeframe may vary, so it is crucial to remain patient and ready for any possible setbacks.
While your application is being processed, it’s crucial to ensure that your contact details are current with USCIS. Having an immigration lawyer allows you to provide their address to efficiently handle all communication. USCIS might contact you for more information or paperwork at any point in the process, so it’s important to reply to any inquiries quickly.
While your petition is being processed, you can request authorization to work in the United States using Form I-765 to ensure stability. This form is submitted together with Form I-485, which is also utilized to request for adjustment of status. If you must leave the U.S. while your petition is being processed, you should notify USCIS to ensure it is not deemed abandoned.
More: How Does the USCIS Investigate VAWA?
Who Is Eligible for VAWA?
Eligibility Requirements for Spouses
- Marital Status: You were married to a U.S. citizen or LPR who was abusive. The marriage must have been entered into in good faith and not solely to obtain immigration benefits.
- Divorce: If your marriage ended due to divorce or the death of your spouse, the divorce must have occurred within the last two years.
- Evidence of Abuse: You must provide proof that you or your children were subjected to abuse or extreme cruelty by your spouse.
- Living Arrangement: You must have lived with your spouse or former spouse.
- Moral Character: You must demonstrate good moral character without disqualifying criminal history.
Eligibility Requirements for Children
- Living Arrangement: The child must have lived with the abuser.
- Evidence of Abuse: The child must provide proof of suffering battery or extreme cruelty at the hands of the abuser.
- Age and Marital Status: The child must be unmarried and under 21 years old unless they can demonstrate that they were unable to petition before the age of 25 due to the abuse.
- Moral Character: Children over the age of 14 must demonstrate good moral character, but children under 14 are exempt from this requirement.
Eligibility Requirements for Parents
- Living Arrangement: The parent must have lived with the abusive child.
- Evidence of Abuse: The parent must provide proof of suffering battery or extreme cruelty at the hands of their child.
- Moral Character: The parent must demonstrate good moral character.
Need Assistance with Your VAWA Case? Contact Our Immigration Lawyer Today!
Navigating the VAWA petition process can be overwhelming, but you don’t have to do it alone. At the Law Office of 360 Immigration Law Group, we specialize in assisting clients throughout Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation. Our team offers complimentary Portuguese, Spanish, and English consultations to ensure you understand your rights and options effectively.
Whether you’re just starting your VAWA petition or need help with a pending case, our experienced immigration attorneys are here to support you every step of the way. Contact us today at 954.667.3660 to schedule your free consultation and take the first step towards securing your future.