1. What is the VAWA Self-Petition process?

The VAWA Self-Petition process is a process in which an immigrant who is a victim of domestic violence, stalking, or other abuse can apply to become a permanent resident in the United States. These applicants complete Form I-360 and provide evidence of their abuse to the U.S. Citizenship and Immigration Services (USCIS). This application process does not require the abuser’s knowledge or consent, and it allows an immigrant to live and work in the United States without their abuser’s permission.

2. How long does it take to process a VAWA Self-Petition?

The processing time for a VAWA Self-Petition can vary depending on the case and the local processing center. Generally, it can take anywhere from 6 to 12 months to process a VAWA Self-Petition.

3. What are the eligibility requirements for filing a VAWA Self-Petition?

The eligibility requirements for filing a VAWA Self-Petition are as follows:

• The applicant must be the victim of battery or extreme cruelty committed by a spouse, former spouse, parent, or an individual who acted in the capacity of a parent;

• The abuser must be a U.S. citizen or lawful permanent resident; and

• The applicant must have resided with the abuser.

4. What types of evidence do I need to submit with my VAWA Self-Petition?

In order to submit an approved VAWA self-petition, you will need to provide evidence of your identity, evidence of your U.S. citizen or permanent resident relationship to the abuser, and evidence of the abuse or mistreatment. This evidence could include medical records, police or court records, photographs of physical injuries, affidavits from third-parties who have witnessed or been aware of the abuse, or other documents that demonstrate a history of abuse or mistreatment.

5. Can I submit an update to my VAWA Self-Petition once it has been received by USCIS?

Yes, you can submit an update to your VAWA self-petition once it has been received by USCIS. In order to submit an update, you must provide any new evidence or information that was not included in the original application. You can also provide updates to other portions of the application, such as contact information or updates to your address. You should also include a cover letter that explains why you are submitting the update and what new information it contains.

6. How long does it take to receive a decision on my VAWA Self-Petition?

The processing time for a VAWA Self-Petition can vary significantly depending on the particular case, the immigration office processing the petition, and other factors. Generally, it can take anywhere from 6 months to several years to receive a decision on a VAWA Self-Petition.

7. What happens after I submit my VAWA Self-Petition?

After you submit your VAWA self-petition, your petition will go through the review process. During this process, USCIS may contact you for additional information and documents. Once USCIS has reviewed your petition and determined that you meet the requirements, you will receive an approval notice. You may also receive a request for an interview to discuss the details of your petition. If your petition is approved, you will be granted lawful permanent resident status.

8. What should I do if there are discrepancies in my application materials?

If there are discrepancies in your application materials, you should contact the institution to get clarification on what is required. Be sure to explain the discrepancy and provide any necessary documentation that may help to explain and resolve the issue. You may also need to provide additional materials that support the discrepancy.

9. What happens if the USCIS denies my VAWA Self-Petition?

If your VAWA self-petition is denied, you will receive a notice that explains the reasons for the denial. You may be able to re-file your petition or appeal the decision. However, if your VAWA self-petition is denied, the USCIS cannot reconsider or reopen the case unless new evidence is presented that would warrant further review.

10. Are there any additional fees associated with filing a VAWA Self-Petition?

No, there are typically no filing fees associated with filing a VAWA self-petition. There are sometimes filing fees associated with accompanying applications, such as applications for work authorization.

11. Who can I contact if I have questions about the VAWA Self-Petition process?

The best way to get questions answered regarding the VAWA self-petition process is to contact the offices of the U.S. Citizenship and Immigration Services (USCIS). You can find the USCIS offices and contact information at their website: https://www.uscis.gov/about-us/find-uscis-office/field-offices.

12. Can I apply for an Employment Authorization Document while my VAWA Self-Petition is pending?

Yes, you may apply for an Employment Authorization Document (EAD) while your VAWA self-petition is pending. To do so, you must file Form I-765, Application for Employment Authorization. When completing the form, you must select “A-8” as the category. You must also include evidence of your eligibility for VAWA benefits, such as a copy of the Notice of Action (Form I-797) that was mailed to you after submitting your Form I-360.

13. Are there any additional forms that I must submit with my VAWA Self-Petition?

In addition to the forms required to file the VAWA self-petition, you may need to submit additional forms, such as evidence of your relationship with the abuser, evidence of abuse, and other documents. Evidence of abuse could include police reports, medical records, photographs of injuries, protection orders, or affidavits from witnesses. Evidence of the relationship can include joint bank or credit card accounts, joint tax returns, birth certificates, affidavits from friends and family members, or other documents.

14. Is there any way to expedite the processing of my VAWA Self-Petition?

Unfortunately, no. The processing time for a VAWA self-petition can vary significantly depending on your location and the complexity of your case. You can check the USCIS website for the latest updates on processing times in your area.

15. What if I have previously been denied a visa or green card based on my immigration status?

If you have previously been denied a visa or green card based on your immigration status, then you may need to consult with an immigration attorney to determine what your options are. Depending on the situation, it may be possible to reapply for a visa or green card with additional information that can demonstrate eligibility or prove that your circumstances have changed since the initial denial. Alternatively, you may be able to pursue a different avenue of immigration that is more likely to be successful.

16. Are there any special provisions for children filing a VAWA Self-Petition?

Yes, there are special provisions for children filing a VAWA Self-Petition. A child can file for VAWA self-petition even if the child’s parent has an approved visa petition, has been granted legal status, or is deceased. The child does not have to meet the same residency requirements as the parent in order to be eligible. Additionally, the child need not be physically present in the United States at the time of filing. The child must be unmarried, and must be under 21 years old to qualify for this special provision.

17. Can I submit additional evidence after filing a VAWA Self-Petition?

Yes, you can submit additional evidence after filing a VAWA Self-Petition. If you have new evidence that is relevant to your claim, you should submit it with an explanation of why it is important to your case. USCIS will review any evidence you provide and decide how it affects your case.

18. Are there any restrictions on travel while my VAWA Self-Petition is pending?

No. You may travel domestically or internationally while your VAWA self-petition is pending. However, you should not leave the United States without an approved Advance Parole. If you leave without an approved Advance Parole, your application may be denied.

19. What if I want to withdraw my VAWA Self-Petition after it has been filed?

If you want to withdraw your VAWA Self-Petition, you must file a written request to withdraw the petition with U.S. Citizenship and Immigration Services (USCIS). You must include detailed reasons for wanting to withdraw your petition and any supporting evidence. USCIS will review your request and make a decision on whether to approve or deny the withdrawal.

20. Can I work while waiting for a decision on my VAWA Self-Petition?

Yes. You may be eligible for work authorization if you are waiting for a decision on your VAWA self-petition. Please contact an experienced immigration attorney to discuss your case and options.