VAWA Help Women from being Victims of Domestic Violence
Pathway to U.S. Permanent Residency Through the VAWA Visa Process
The VAWA (Violence Against Women Act) immigration process is a pathway to U.S. permanent residency for victims of domestic violence, abuse, or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. VAWA protects survivors by allowing them to self-petition for immigration benefits without the abuser's knowledge or involvement.
Here is a detailed explanation of the VAWA immigration process:
Information on the VAWA Visa Process
Key Features of the VAWA Visa
- Purpose: Protect women of certain violent crimes and suffered substantial physical or mental abuse.
- Eligibility for Work: VAWA Visa holders are authorized to work in the U.S.
- Path to Green Card: Eligible for permanent residency after three years.
- Family Benefits: Certain family members of the VAWA Visa applicant may also qualify for derivative visas.
Eligibility for VAWA Visa
To qualify under VAWA, the applicant must meet one of the following criteria:
- Spouse:
- You are or were married to a U.S. citizen or lawful permanent resident who subjected you to battery or extreme cruelty during the marriage.
- Includes victims of bigamy (where the spouse married someone else without terminating the marriage to the applicant).
- Child:
- You are the child (under 21, unmarried) of a U.S. citizen or lawful permanent resident who has abused you.
- Includes stepchildren if the relationship with the abusive stepparent began before the child turned 18.
- Parent:
- You are the parent of an abusive U.S. citizen child (21 years or older).
Application Process When Applying for a VAWA Visa
STEP 1: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
STEP 1: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- The first step is to file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This is the petition to establish eligibility for VAWA benefits.
What to Include:
- Evidence of the qualifying relationship (e.g., marriage certificate, birth certificate, or proof of stepchild relationship).
- Evidence of abuse or extreme cruelty, such as:
- Police reports, medical records, restraining orders, or affidavits from witnesses.
- Photographs or documentation of injuries.
- Proof that the relationship was entered into in good faith (for spouses).
- Evidence of your good moral character, such as a police clearance certificate or affidavits from people who know you.
Filing Fee:
- No fee for Form I-360.
Processing Time:
- Typically 6–12 months, depending on case complexity.
STEP 2: Wait for I-360 Approval
STEP 1: File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- Once USCIS approves Form I-360, you will receive a notice of approval. This establishes your eligibility for VAWA benefits.
- If your abuser is a U.S. citizen, you can proceed to the green card application stage immediately (if otherwise eligible).
- If your abuser is a lawful permanent resident, you must wait for a visa number to become available under the family preference category (F2A).
STEP 3: Apply for a Green Card (Adjustment of Status)
If you are in the United States and eligible to adjust status, file Form I-485, Application to Register Permanent Residence or Adjust Status.
What to Include:
- Proof of Form I-360 approval (if not filing concurrently).
- Evidence of lawful entry into the U.S. (e.g., I-94 record or visa stamp).
- Medical examination results (Form I-693).
- Supporting documentation of good moral character and qualifying relationship (if not already submitted).
Processing Time:
- Typically 8–14 months.
STEP 4: Work Authorization and Travel
While waiting for green card approval, VAWA applicants can apply for:
- Work Authorization:
- File Form I-765, Application for Employment Authorization, to obtain a work permit.
- Travel Document:
- File Form I-131, Application for Advance Parole, if you need to travel outside the U.S.
STEP 5: Receive Green Card
STEP 5: Receive Green Card
Once your Form I-485 is approved, you will receive a green card, granting you lawful permanent residency.
- If married to a U.S. citizen for less than two years at the time of filing, you may receive a conditional green card valid for two years.
- After two years, file Form I-751 to remove conditions.
Are There Benefits for Applying for a VAWA Visa?
Obtain Permanent Residency in the U.S.
Having a VAWA (Violence Against Women Act) application approved can bring numerous benefits to an individual who has been a victim of domestic violence, abuse, or neglect. In this section, we will discuss the significant advantages of having a VAWA application approved.
- Pathway to Legal Status: One of the most significant benefits of having a VAWA application approved is that it can lead to legal status in the United States. This means that the victim can apply for a green card and eventually become a lawful permanent resident.
- Protection from Deportation: Once an individual’s VAWA application is approved, they are granted protection from deportation proceedings by the U.S. Citizenship and Immigration Services (USCIS).
- Work Authorization: With an approved VAWA application, victims may be eligible for employment authorization documents (EADs), also known as work permits. This gives them the opportunity to legally work in the United States and support themselves financially.
- Eligibility for Public Benefits: Victims whose VAWA applications have been approved may also qualify for certain public benefits such as Medicaid, SNAP (Supplemental Nutrition Assistance Program), and housing assistance programs.
- Access to Social Services: Along with public benefits, individuals with approved VAWA applications are also eligible for social services provided by organizations such as domestic violence shelters and counseling programs.
At New Path Group Services, we understand the importance of proper immigration assistance so get the help you deserve.
Are There Any Challenges to Consider?
Important Considerations
- Confidentiality:
- VAWA ensures complete confidentiality. USCIS will not notify the abuser of your application.
- Deferred Action:
- If you are ineligible for adjustment of status, an approved I-360 petition can grant deferred action, protecting you from removal and allowing you to apply for work authorization.
- Self-Petitioning Rights:
- You do not need the abuser's permission or involvement to file for VAWA benefits.
- Good Moral Character:
- Applicants must show they have good moral character through police clearance certificates or affidavits.
- Children Derivatives:
- Your unmarried children under 21 can be included in your petition and may also qualify for green cards.
Cost Overview
- Form I-360: No fee.
- Form I-485: $1,140 (fee waiver available).
- Form I-765 (Work Permit): No fee if filed with Form I-485.
- Form I-131 (Travel Document): No fee if filed with Form I-485.
Timeline Overview
- Form I-360 Approval: 6–12 months.
- Visa Availability (If Applicable): Immediate for U.S. citizen abusers; may take longer for LPR abusers.
- Adjustment of Status: 8–14 months.
- Total Time to Green Card: 1–3 years, depending on case specifics.
If you need guidance preparing your VAWA petition, gathering evidence, or navigating the process, feel free to ask!
Begin The Process to Free You from Domestic Violence Now
Our VAWA Visa Experts Are Ready to Assist You
A VAWA Visa is a way to slow down or stop deportation, and live and work legally in the U.S. If you receive a VAWA Visa, after a few years you can apply for a green card (permanent residency). A victim’s parents, siblings, and children can qualify for a VAWA visa too. Let the VAWA Visa process experts here at New Path Group Services assists you from the oppression you are escaping from.