1. What is the VAWA self-petition process?

The Violence Against Women Act (VAWA) self-petition process is a program established by the United States Citizenship and Immigration Services (USCIS) to allow an immigrant who is a victim of domestic violence to apply for permanent residence in the United States without the knowledge or approval of their abuser. The goal of this process is to protect victims of abuse and give them the opportunity to become independent from their abuser.

2. How do I prove my eligibility for the VAWA self-petition green card?

To prove your eligibility for the VAWA self-petition green card, you must provide evidence to show that you meet the requirements of the Violence Against Women Act (VAWA). This includes evidence of abuse perpetrated against you by your U.S. citizen or lawful permanent resident abuser, evidence that you have been or are still in a relationship with your abuser, and evidence that you have “good moral character” as related to the abuse. Specific documents you might need to provide include birth certificates, police and court records, medical records, and affidavits from individuals who can corroborate your abuse.

3. What documents will I need to submit in a VAWA self-petition?

In order to submit a VAWA self-petition, you will need the following documents:

1) Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
2) Form I-765, Application for Employment Authorization
3) Your marriage/divorce certificate (if applicable)
4) Evidence of abuse (police reports, court records, medical records, etc.)
5) Proof of U.S. citizenship or lawful permanent residence of the abuser (if applicable)
6) Two passport-style photos
7) Fees applicable to the filing of the form

4. What is the difference between a self-petition and an I-360 petition?

A self-petition is a petition filed by an immigrant on their own behalf, without the need for a sponsoring employer or family member. An I-360 petition is an immigration petition filed by an eligible family member or employer on behalf of an alien for permanent resident status. The I-360 must be approved before the beneficiary of the petition can file for permanent residence.

5. Can I receive permanent residence status if I am approved for the VAWA self-petition?

Yes, in some cases. If you are approved for the VAWA self-petition, you may be eligible to file for a green card. This process is known as adjustment of status, and you will need to fulfill certain requirements in order to be eligible. To learn more, please contact an immigration attorney.

6. Can I include my children on my VAWA self-petition?

Yes, you can include your children on a VAWA self-petition. U.S. immigration laws allow you to include your unmarried children under the age of 21 in your VAWA self-petition. Additionally, if any of your children are over the age of 21, they may still be eligible for derivative status on your VAWA self-petition.

7. How long will it take to process my VAWA self-petition?

The processing time for a VAWA self-petition varies depending on the location of the USCIS Service Center processing your petition, as well as your personal circumstances. Generally, it can take anywhere from 6 months to a year or more.

8. What happens if my VAWA self-petition is denied?

If your VAWA self-petition is denied, you may be eligible to appeal the decision. You should consult with an experienced immigration attorney to determine whether you have any options for appealing the denial.

9. What happens if the abuser discovers that I have filed a VAWA self-petition?

There is no simple answer to this question, since each situation is unique and it is impossible to predict how an abuser would respond. It is important to take steps to protect yourself, such as seeking safety planning advice from a domestic violence advocate or attorney, and filing for a protective order if available in your state. It is also important to be aware that an abuser may respond with escalation of violence or retaliation, and to be prepared with safety plans in the event this happens.

10. Can a person who has been granted a “green card” through the VAWA self-petition process travel outside of the U.S.?

Yes, a person who has been granted a green card through the VAWA self-petition process can travel outside the U.S. However, they should be aware that if they are outside of the U.S. for more than one year, they may have to reapply for their green card or face other immigration issues.

11. What rights do I have if I am granted a green card through the VAWA self-petition process?

If you are granted a green card through the VAWA self-petition process, you will be granted permanent residence in the United States. This means that you will have the right to live and work in the United States permanently. You will also have the right to apply for citizenship after five years of living in the United States.

12. How can I obtain employment authorization as a VAWA self-petitioner?

If you qualify as a VAWA self-petitioner, you may be eligible for employment authorization. To request employment authorization, you must file Form I-765 with U.S. Citizenship and Immigration Services (USCIS). You must include evidence of your eligibility as a VAWA self-petitioner, such as a copy of your approved Form I-360, with your application. For more information on how to file Form I-765, visit USCIS’s website.

13. Will my abuser be notified that I have filed a VAWA self-petition?

No, your abuser will not be notified that you have filed a VAWA self-petition. Your abuser will only be notified if you choose to provide him or her with notice, or if you request a waiver of the fee for filing the petition.

14. Is there a deadline for filing a VAWA self-petition?

Yes, a VAWA self-petition must be filed within two years of the abuser’s last act of abuse, or of learning that the abuser is a U.S. citizen or lawful permanent resident, whichever is later.

15. What happens if I am granted a “green card” through the VAWA self-petition and later get divorced from my abuser?

If you are granted a green card through a VAWA self-petition and later get divorced from your abuser, you will still be eligible to keep your green card and to apply for citizenship. This is because the VAWA self-petition does not require that the marriage remain intact in order for you to retain your green card.

16. Is there a fee for filing a VAWA self-petition?

No, there is no fee for filing a VAWA self-petition.

17. How can I get help with my VAWA self-petition application?

You can get help with your VAWA self-petition application by calling the National Domestic Violence Hotline at 1-800-799-7233 or visiting their website at www.thehotline.org. They can provide you with legal referrals and other resources for completing your application. Additionally, you can contact the local U.S. Citizenship and Immigration Services (USCIS) office in your area for assistance and to schedule an appointment with an immigration officer or a legal aid organization that specializes in immigration law.

18. Are there any special benefits that come with obtaining permanent residence status through the VAWA self-petition process?

Yes, obtaining permanent residence status through the VAWA self-petition process may provide certain benefits, depending on an individual’s particular circumstances. These benefits may include eligibility for public and private health benefits, access to family members in the U.S., access to work authorization, and eligibility for certain government benefits.

19. Are there any legal restrictions on whom I can marry after obtaining permanent residence status through the VAWA self-petition process?

No, there are no legal restrictions on whom you may marry after obtaining permanent residence status through the VAWA self-petition process. However, it is important to remember that if you marry someone who is not a United States citizen or permanent resident, then that person may not be eligible for certain benefits, such as United States citizenship or a green card. Additionally, if your spouse is not a citizen or permanent resident, your relationship may be scrutinized by U.S. Citizenship and Immigration Services (USCIS) to ensure it is legitimate and not just for the purpose of obtaining immigration benefits.

20. Can I apply for naturalization after obtaining permanent residence status through the VAWA self-petition process?

Yes. After you obtain permanent residence status through the VAWA self-petition process, you may apply for U.S. citizenship (naturalization) after you meet certain requirements. These requirements include being: (1) at least 18 years old; (2) a permanent resident (green card holder) for at least five years; (3) able to read, write, and speak basic English; (4) a person of good moral character; and (5) knowledgeable about U.S. history and government.