Getting divorced from your abuser will not affect your VAWA application. However, if you get married before your VAWA application is approved, USCIS will deny your VAWA application. Even if USCIS does not discover your new marriage until after USCIS approves your VAWA application, USCIS will revoke the approval of your application.
If you already have a pending Form I-130 application, you can still file a VAWA petition. You do not have to withdraw your Form I-130 application before you can apply for VAWA. If your Form I-130 application was filed by your abuser, you can transfer the priority date of your Form I-130 to your Form I-360 VAWA application.
You can apply for a green card through VAWA even if you have not divorced from your abusive spouse. Often, the non-immigrant spouse cannot leave or divorce the abuser because of limited financial resources and threats to their safety from the abuser. USCIS does not penalize an abused spouse for remaining in the household with their abuser. When you submit your VAWA petition, you should write a personal statement that explains the abuse you suffered and why you have not divorced from your abusive spouse.
To apply for a green card on the basis of suffering battery or extreme cruelty, you must submit evidence to show that you lived with your abusive spouse. However you do not have to be living with your abusive spouse at the time you file your VAWA green card application. You can wait until you are living separately to file your VAWA application.
You can still prove that you are a person of good moral character. USCIS evaluates each petition on a case-by-case basis and may consider any conduct, behavior, acts, or convictions. Whether a VAWA petitioner is a person of good moral character is a discretionary determination made by USCIS.
Normally, both you and your spouse are required to sign the application form. However, if you are in an abusive relationship, you can file the petition for your 10-year green card without your spouse’s knowledge or consent. Your spouse does not have to sign the application.
There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the abuse you suffered. Therefore, it is important to submit as much evidence as possible to prove you suffered abuse, including a thorough written statement.
Yes. You can file a Form I-360 VAWA petition if the marriage was terminated within two years prior to the date you filed Form I-360. You must also demonstrate a connection between the termination of the marriage and the battery or extreme cruelty you suffered.
First, you should provide sufficient information for USCIS to determine that you entered into your marriage with your spouse in good faith. Next, you must describe the battery or extreme cruelty you suffered. Finally, you should describe how you are a person of good moral character.
You can apply for VAWA while living outside of the U.S. if you are able to prove that you were subjected to battery or extreme cruelty in the U.S.
Yes, you may apply for a green card through VAWA even if you overstayed your visa and worked without authorization. Pursuant to section 245(a) of the Immigration and Nationality Act (INA), a person is ineligible to receive a green card if she failed to maintain lawful status in the U.S. or violated the terms of her nonimmigrant status. But pursuant to INA sections 245(c)(2) and (c)(8), these restrictions do not apply to applicants for a green card through the Violence Against Women Act (VAWA).
Yes, you can still apply for VAWA even if you do not have any income. To apply for a VAWA green card, you must file two main forms: Form I-360 and Form I-485. There is no fee required to file Form I-360. Currently, the fee to file Form I-485 is $1,225. But the fee for Form I-485 can be waived if you satisfy any of the following conditions.
The Violence Against Women Act (“VAWA”) allows a noncitizen who has been abused by a family member to file a petition to adjust status without the knowledge of the abusive family member. The process for applying for VAWA for a person who currently resides in the U.S. consists of several steps.
The Violence Against Women Act of 1994 (VAWA) permits non-citizens who have been abused by their U.S. citizen or green card holder relatives to apply for a green card without the abuser’s consent, knowledge, or participation. This allows victims of domestic violence to seek safety and independence from abusers who would otherwise be able to interfere with their green card application.
Under the Violence Against Women Act (“VAWA”), you may be eligible to obtain a green card if you are a victim of abuse. As a VAWA self-petitioner, you generally have three options regarding applying for a green card: you may either (1) apply for a green card at the same time you file your VAWA petition, (2) apply for a green card while your VAWA petition is pending, or (3) apply for a green card after your VAWA petition is approved.