1. Who is eligible to self-petition for a VAWA green card?

Under the Violence Against Women Act (VAWA), a self-petitioner may be eligible to apply for a green card if they meet all of the following criteria:

1. They are a current or former spouse or child of a U.S. citizen or lawful permanent resident, who has been abused by their spouse or parent.

2. They have been physically present in the United States for a continuous period of at least three years prior to filing the petition.

3. They are a person of good moral character.

4. They are not inadmissible to the United States on certain grounds (for instance, owing to previous immigration violations).

2. How long does the self-petition for a VAWA green card usually take?

The self-petition for a VAWA green card usually takes from 6 to 8 months to complete.

3. What forms do I need to complete in order to self-petition for a VAWA green card?

In order to self-petition for a VAWA green card, you must complete the following forms: Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; Form I-485, Application to Register Permanent Residence or Adjust Status; Form I-765, Application for Employment Authorization; Form I-864, Affidavit of Support; Form G-28, Notice of Appearance as Attorney or Accredited Representative (if applicable); and Form I-912, Request for Fee Waiver (if applicable).

4. What evidence do I need to include with my self-petition for a VAWA green card?

Evidence that you need to include with your self-petition for a VAWA green card includes, but is not limited to: proof that you are the child, spouse, or parent of a U.S. citizen or Lawful Permanent Resident; a copy of any police reports, medical records, or other evidence related to the violence; evidence of any attempts to obtain protection from the abuser; evidence of the abuser’s immigration status; and evidence of their relationship to you.

5. Does filing a self-petition for a VAWA green card affect the ability of the abuser to apply for a green card?

No, filing a self-petition for a VAWA green card does not affect the abuser’s ability to apply for a green card. The abuser must go through the normal process of applying for a green card. A self-petitioned VAWA application, however, may be denied due to the abuser’s violent or abusive behavior.

6. What is the fee for filing a self-petition for a VAWA green card?

The filing fee for a self-petition for a VAWA green card is $1,130, plus an $85 biometric services fee.

7. Are there any special benefits or privileges associated with having a VAWA green card?

Yes, individuals who receive a VAWA green card are eligible for benefits such as:

-Legal permanent residence status
-U.S. work authorization
-U.S. travel authorization
-Protection from deportation
-The ability to petition for other relatives to come to the U.S.
-Eligibility for certain government benefits and services

8. What happens if my self-petition for a VAWA green card is approved?

Once your self-petition for a VAWA green card is approved, you will be eligible to apply for lawful permanent residency. You will need to submit the appropriate USCIS forms and pay the necessary fees. You may also be required to attend an interview with a USCIS officer. After you have met all the requirements, you will be able to get a green card and will be able to live and work in the United States permanently.

9. Do I need an attorney to file a self-petition for a VAWA green card?

No, you do not need an attorney to file a self-petition for a VAWA green card. However, it is recommended that you consult with an immigration attorney in order to better understand the process and ensure that your petition meets all of the required legal standards. An attorney can also provide helpful advice and guidance throughout your application process.

10. Is there an age limit for filing a self-petition for a VAWA green card?

Yes, there is an age limit for filing a self-petition for a VAWA green card. You must be under 21 years of age to file a self-petition for a VAWA green card. However, if you are the parent of a child who is filing for VAWA, you may be eligible regardless of your age.

11. How long does it take to get an interview after filing a self-petition for a VAWA green card?

It typically takes around 8-12 months for USCIS to process a VAWA self-petition and schedule an interview. However, this timeline can vary depending on the caseload and workload of the local USCIS office.

12. What happens if my self-petition for a VAWA green card is denied?

If your self-petition for a VAWA green card is denied, you may file an appeal with the USCIS Administrative Appeals Office (AAO). You may also be able to reapply for a different form of relief or review your case to see if there are any other issues that can be addressed to support your claim.

13. Are there any restrictions on employment or travel for someone with a VAWA green card?

No, there are no restrictions on employment or travel for someone with a VAWA green card. They are eligible for the same rights and benefits as other green card holders, such as the right to work in the United States and the right to travel outside of the United States.

14. Can I file an appeal if my self-petition for a VAWA green card is denied?

Yes, you can file an appeal if your self-petition for a VAWA green card is denied. Your attorney can help you review your case and provide guidance on the appeals process.

15. Do I need to provide biometric information when filing for a VAWA green card?

No, you do not need to provide biometric information when filing for a VAWA green card. However, you will need to provide biometric information during the application process once USCIS has approved your Form I-360.

16. Is there any other way to obtain permanent residence other than filing for a VAWA Green Card?

Yes, there are other ways to obtain permanent residence in the United States. These include filing for an employment-based green card, a family-based green card, an asylum-based green card, or a special immigrant green card. Each of these options has specific eligibility requirements, so it is important to research and understand the process before applying.

17. How do I check the status of my self-petition for a VAWA Green Card?

You can check the status of your self-petition for a VAWA Green Card by visiting the U.S. Citizenship and Immigration Services (USCIS) website. Click on “Check My Case Status,” and enter your receipt number to view your current immigration status. You can also call the USCIS National Customer Service Center at 1-800-375-5283 for more information.

18. Are there any special requirements or restrictions on family members of someone who has obtained permanent residence through self-petitioning under the VAWA program?

No, there are no special requirements or restrictions on family members of someone who has obtained permanent residence through self-petitioning under the VAWA program. Family members of a self-petitioner are eligible to apply for derivative status and obtain permanent residence as well.

19. Are there any organizations or resources available to assist someone who is considering filing for a VAWA Green Card?

Yes, there are many organizations and resources available to assist someone who is considering filing for a VAWA Green Card. The National Immigration Project of the National Lawyers Guild provides free legal advice and resources to support survivors of violence in immigration related cases. The Tahirih Justice Center provides legal representation and pro bono services for victims of gender-based violence. Additionally, many local organizations provide assistance with the filing process and other related services.

20. Can I be deported if my self-petition for a VAWA Green Card is denied?

Yes, if your self-petition for a VAWA Green Card is denied, you could be placed in removal proceedings and potentially be deported. It is important to seek legal advice before submitting your self-petition for a VAWA Green Card.