Helping Survivors Obtain Legal Status Through Self-Petitioning

Domestic abuse is far more common than many people realize, and when your immigration status is tied to a family member who has become abusive, it can be more difficult to get help or leave. It is not uncommon for abusers in these situations to threaten to refuse cooperation with immigration documentation or even threaten the victim with deportation as a way to maintain control over them. The Violence Against Women Act (VAWA) was implemented to address these types of situations, providing a way for victims of domestic abuse to apply for legal status on their own without needing the abuser’s help.

You deserve to be safe and not live in fear of losing your immigration status due to a family member’s abuse. If this is your situation, call Mi Sueño Americano at (323) 672-4423 to learn how an attorney can help you file a VAWA self-petition to establish your immigration status independently of your abuser.

What is a VAWA Self-Petition?

Congress passed the Violence Against Women Act (VAWA) in 1994 and, in the process, created a way for victims of emotional or physical abuse to establish legal immigration status without needing to rely on their abuser as a sponsor. VAWA allows victims of domestic violence, including spouses, parents, and children, to file a self-petition to obtain legal status on their own. The goal of this process is to completely remove the abuser from the victim’s immigration process, meaning the abuser’s cooperation or consent is no longer needed. This helps protect victims from ongoing threats and manipulation regarding their immigration status and their ability to legally remain in the country.

The process for filing a VAWA self-petition involves being able to provide proof of your relationship with the family member, as well as evidence of your abuse. Navigating this while staying safe can be challenging, but the Mi Sueño Americano team is here to help you.

Who Can Apply Under VAWA?

Many people do not realize that the protections of the Violence Against Women Act extend to them because they believe only women are eligible. But that is not true. Both men and women can file self-petitions if they meet the criteria, which generally involves having a qualifying family relationship with a U.S. citizen or Legal Permanent Resident and having suffered abuse from that family member.

Spouses

An abused spouse, whether of a U.S. citizen or a Legal Permanent Resident, may be eligible to file a VAWA petition. Spouses can also file even if they were not abused, if their child was a victim. In some cases, you may also file even if you are divorced from your abusive spouse or if they have passed away, provided you file within two years of either of these events.

Children

VAWA self-petitions are available for unmarried children under 21 who have suffered mistreatment or extreme cruelty, including emotional or physical abuse, by a parent who is a U.S. citizen or Legal Permanent Resident. In certain cases, a child may qualify up to age 25 if they can demonstrate that the abuse was the primary reason they were unable to file the petition before turning 21.

Parents

Abused parents are only eligible to file self-petitions under VAWA if their child is a U.S. citizen and is at least 21 years old. Parents of those with Legal Permanent Resident status will need to discuss other options with an immigration attorney.

Other eligibility requirements for a VAWA self-petition include having “good moral character” and having lived with the abuser at some point. There are some additional requirements for those filing a self-petition while currently residing outside the United States. If this is your situation, it is essential to get advice from a qualified attorney regarding the documentation you will need and how to proceed.

What is the Process for Filing a VAWA Self-Petition?

Once you have worked with an attorney to determine that you are eligible to file a VAWA self-petition, the next step is to complete the forms and provide evidence and documentation to support your petition. This must include evidence of the qualifying relationship and proof that the relationship was abusive.

Proof of the relationship is generally established by providing a marriage or birth certificate. You will also need to show that you shared a residence with the abuser, either now or in the past, which can be done by submitting a lease agreement, utility bills in your name at that residence, or other relevant documents.

Providing documentation to support your claim that the relationship was abusive can be more challenging. Abuse often occurs in private, and victims often do not seek help in a way that generates official documentation, such as calling the police, for fear of retaliation from their abuser. While official records, such as police reports and protective orders, are excellent, other documentation, such as medical records for injury treatment, can also support your petition. Affidavits from family members, friends, or anyone who witnessed the emotional or physical abuse are also permitted. An attorney can help you determine what can be included in your application to make it as strong as possible.

Once you have gathered your documents, you can submit your forms. If your petition is approved, you will be able to move forward with the process of applying for a Green Card and work authorization. In some cases, you may also be able to apply for the Green Card at the same time you file your self-petition, which is known as concurrent filing. This can help expedite the process.

Are Family Members Eligible as Derivative Beneficiaries?

Leaving an abuser and creating a separate, independent life is not easy. Wondering what will happen to your family members, especially children, is a significant complicating factor. Fortunately, the VAWA self-petition process allows some family members to be eligible as derivative beneficiaries of the principal applicant. The principal applicant must be a self-petitioning spouse or child (not a parent), and the derivative beneficiary must be an unmarried child under 21.

Derivative beneficiaries must also be eligible based on their own immigration history and admissibility, so it is essential to review their situation with an immigration attorney. If you have other family members affected by the situation but who do not qualify as derivative beneficiaries of a VAWA self-petition, an attorney can also explain other options to help them obtain Legal Permanent Residence.

What Happens if Your VAWA Petition is Denied?

If your VAWA self-petition is denied, it does not mean you have run out of options. Denials can occur for various reasons, and sometimes, it is just a matter of providing more documentation or clarifying an eligibility issue. Our law firm can help you determine why your petition was denied and what options you have, whether it is to refile or pursue another visa option.

Contact Mi Sueño Americano at (323) 672-4423 to learn more about your options and whether a VAWA self-petition is an option for you.