1. How do I apply for a Green Card through the VAWA process?

To apply for a Green Card through the VAWA process, you must first file Form I-360, Petition for Amerasian Widow(er) or Special Immigrant, with U.S. Citizenship and Immigration Services. You will also need to provide evidence of your status as an abused spouse, parent, or child of a U.S. citizen or lawful permanent resident, as well as evidence of the abuse you have suffered. After USCIS reviews your petition and approves it, they will forward it to the Department of State (DOS). The DOS will then review your petition and determine if you meet the requirements to apply for a Green Card. If they approve your petition, they will then send you an immigrant visa packet with instructions on how to apply for permanent residence.

2. What is the cost to file a VAWA petition?

The filing fee for a VAWA petition is $750.

3. Who qualifies for a Green Card through the VAWA process?

VAWA (the Violence Against Women Act) allows certain spouses, children, and parents of U.S. citizens and lawful permanent residents (LPR) who have experienced battery or extreme cruelty to self-petition for a Green Card without the knowledge or cooperation of the abuser. To qualify, the self-petitioner must meet several requirements:

1. Must be the spouse, child, or parent of a U.S. citizen or LPR abuser
2. Must have suffered battery or extreme cruelty by the abuser
3. Must have good moral character
4. Must have been living in the U.S. with the abuser
5. Must have been married to the abuser in good faith (not entered into just for getting a Green Card).

If the self-petitioner meets these requirements, they can apply for a Green Card through VAWA.

4. How long does it take to get a Green Card through the VAWA process?

It typically takes 6 to 9 months for the U.S. Citizenship and Immigration Services (USCIS) to process a VAWA application. However, the processing time may vary depending on the individual case.

5. Do I need an attorney to file a VAWA petition?

No, you do not need an attorney to file a VAWA petition. However, it may be beneficial to seek the help of a qualified immigration attorney as filing a VAWA petition can be complex and involves specific legal requirements. An immigration attorney can help you navigate the process and ensure that your petition is complete and accurate.

6. Will I be eligible for a work permit if I file a VAWA petition?

Yes, if you file a VAWA petition and it is approved, you may be eligible to apply for a work permit. To learn more about the process for applying for a work permit, please visit the USCIS website.

7. What are the eligibility requirements for filing a VAWA petition?

To be eligible to file a VAWA petition, the applicant must be:

-The spouse, child or parent of a U.S. citizen or permanent resident who has been subjected to battery or extreme cruelty (or the spouse or child of a U.S. citizen or permanent resident who has been subjected to battery or extreme cruelty by the citizen or resident’s parent);

-A person who has lived with the U.S. citizen or permanent resident abuser in the same household;

-A person who entered into a valid marriage with a U.S. citizen or permanent resident abuser and the marriage was terminated due to battery or extreme cruelty; and

-A parent of a U.S. citizen son or daughter who has been subjected to battery or extreme cruelty by the U.S. citizen parent.

8. Does my abuser have to know that I am filing for a Green Card through the VAWA process?

No, your abuser does not have to know that you are filing for a Green Card through the VAWA process. The U.S. Citizenship and Immigration Services (USCIS) has created a confidentiality policy which the agency adheres to in order to protect all victims of domestic violence. This means that all information you provide to USCIS is kept confidential and will not be shared with anyone outside of USCIS.

9. Can I get a Green Card through the VAWA process if I am already in the United States illegally?

Yes, a person who is already in the United States illegally can apply for a Green Card through the VAWA process. It is important to note that in order to qualify for a Green Card through the VAWA process, the applicant must demonstrate that he or she has been battered or subjected to extreme cruelty by a USCIS-recognized U.S. citizen or lawful permanent resident.

10. What types of evidence are required to prove abuse in an VAWA petition?

Answer: In a VAWA petition, evidence of abuse may include (but is not limited to) police reports, medical records, affidavits from witnesses, photographs, and other documents that demonstrate the abuse or establishment of the perpetrator-victim relationship.

11. How do I prove “good moral character” when filing for a Green Card through the VAWA process?

In order to prove good moral character for a Green Card through the VAWA process, individuals must provide evidence that they have not been convicted of a serious crime, have not committed any serious acts of moral turpitude, and can demonstrate respect for the U.S. laws and regulations. Individuals may provide documents such as court records, police reports, affidavits from people who have known them for a period of time, and other forms of evidence showing their good moral character. If individuals are unable to provide such evidence, they may be required to take a moral character interview with an immigration officer.

12. Is it possible to adjust status from an unlawful status to lawful permanent residence through the VAWA process?

Yes, it is possible to adjust status from an unlawful status to lawful permanent residence through the VAWA process. The Violence Against Women Act (VAWA) allows certain victims of abuse to self-petition for lawful permanent residency. To qualify for the program, an individual must show that they have suffered abuse from a U.S. citizen or lawful permanent resident spouse or parent, and meet other requirements. If approved, they can receive a conditional green card and eventually apply for full permanent residence.

13. Can I apply for a Green Card through the VAWA process if I am not married to my abuser?

Yes, you may apply for a Green Card through the VAWA process if you are not married to your abuser. To apply, you must be able to show that you were a victim of battery or extreme cruelty, that you have good moral character, and that you meet the eligibility requirements for a Green Card under U.S. immigration law.

14. Can I file a VAWA petition on behalf of my child if I am not married to my abuser?

Yes, you can file a VAWA petition on behalf of your child, even if you are not married to the abuser. However, the applicant must meet all the eligibility requirements for VAWA self-petitioners, and must provide evidence that they have been a victim of domestic violence.

15. Can my children be included in my VAWA application if they are not victims of abuse?

Yes, your children can be included in your VAWA application if they are not victims of abuse. The U visa, which is available to victims of certain criminal activity, may be available to the children of victims, even if they are not themselves victims. Additionally, VAWA offers a number of protections for minor children, such as the ability to obtain a restraining order or to obtain access to services such as counseling.

16. If my abuser is deceased, can I still apply for a Green Card through the VAWA process?

Yes, if you meet the other eligibility requirements for VAWA you can still submit an application for a Green Card.

17. What happens after filing a VAWA petition and awaiting approval of my Green Card application?

After filing a VAWA petition, the beneficiary should expect to receive a receipt notice from USCIS. This includes information about biometrics, the date and time for their interview, and the location of their local USCIS office. After the interview, the petitioner will be notified of the outcome of their case. If approved, they will receive an approval notice and a permanent resident card (green card) in the mail.

18. What types of relief are available to victims of abuse who are applying for a Green Card through the VAWA process?

VAWA provides several forms of immigration relief to victims of abuse, including:

– U visa and T visa: for victims of certain criminal activities or trafficking
– Adjustment of status: allows victims to obtain lawful permanent residence (Green Card) without the cooperation of the abuser
– Cancellation of removal or voluntary departure: allows victims to stay in the United States even if they are deportable
– Work authorization: allows victims to work in the U.S. while their immigration case is pending
– Waiver of fees associated with the immigration process

19. If my abuser is still alive, will he/she be contacted if I apply for a Green Card through the VAWA process?

No, your abuser will not be contacted if you apply for a green card through the VAWA process. The U.S. Citizenship and Immigration Services (USCIS) is committed to protecting victims of abuse and does not contact the abuser in the process of adjudicating a VAWA application.

20. Are there any special considerations that apply to victims of abuse who are applying for a Green Card through the VAWA process?

Yes. Victims of abuse may be eligible for special considerations when applying for a Green Card through the VAWA process. These include waiving certain requirements, such as the filing fee and physical presence in the United States, as well as providing additional information and documentation to support their application. Additionally, victims of abuse may also be eligible for a work permit while their Green Card application is pending.