What is VAWA?

• Established special avenues for battered non-citizens to attain immigration status.
• Allows battered spouses or children of abusive U.S. citizens or permanent residents to seek immigration status through a self-petitioning process.
• Provides protection and support for victims of domestic violence, including avenues for legal immigration status without the abuser’s involvement.

Key Points:

• VAWA petition (Form I-360 Self-Petition) enables battered non-citizens to apply for immigration status.
• Deferred action status is granted upon approval, shielding from removal proceedings, and allowing for work authorization.
• Immigrants are categorized based on a preference system for adjustment to lawful permanent resident status.

Eligibility Requirements for VAWA Self-petitioners:

• Must prove abuse by a U.S. citizen or lawful permanent resident spouse, parent, or adult child.
• Abuse must have occurred in the United States while living with the abuser.
• Abused spouses must demonstrate a bona fide marriage and that abuse occurred during the marriage or within two years of its termination.
• Evidence of good moral character is required, with certain criminal records potentially waivable if linked to the abuse suffered.
• Legal counsel is advised for review of any criminal or immigration issues.