VAWA, despite its name, applies to both men and women. It allows individuals who have suffered abuse from a U.S. citizen or lawful permanent resident spouse or parent to self-petition for a green card, freeing them from reliance on their abusive family member.

Benefits of VAWA

VAWA’s primary benefit is enabling the abused spouse or child to self-petition for a green card, removing dependency on the abusive family member. Additionally, it allows for the inclusion of children as derivative beneficiaries, even if they are unrelated to the abuser and meets specific criteria.

Who is Eligible to Apply for VAWA?

There are five categories of individuals who may apply for VAWA, including abused spouses, children, and parents of U.S. citizens or lawful permanent residents.

VAWA Requirements

To qualify under VAWA, certain requirements must be met. These include demonstrating a good-faith marriage, parent-child relationships, residence in the United States, and abuse at the hands of a U.S. citizen or lawful permanent resident. Applicants must also prove good moral character for a specific period.

The VAWA process involves consultation with an immigration lawyer to determine eligibility, filing a Form I-360 with USCIS, and potentially filing an adjustment of status (Form I-485). The adjustment of status allows transitioning to lawful permanent resident status.

Required Documents for VAWA

VAWA applications require various documents to support the eligibility criteria. These documents range from primary evidence like police reports and medical records to secondary evidence such as signed statements from witnesses.

VAWA Fees

As of the publication date, VAWA applicants are exempt from the Form I-360 filing fee. However, there is a filing fee for the Form I-485, which varies by age group. Additionally, immigration lawyers may charge a legal fee for their services.

VAWA Processing Time

VAWA cases are processed at the Vermont Service Center, with processing times currently estimated at 18 to 23.5 months, though this may change. To verify the most up-to-date processing times, applicants should refer to the USCIS website.

Conclusion

In conclusion, VAWA provides a legal avenue for those who have suffered abuse from a U.S. citizen or lawful permanent resident family member to seek a green card independently. This guide offers an overview of the VAWA process, eligibility requirements, and required documentation.