Helping Survivors Obtain Legal Status Through a Self-Petition

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 challenging to get help or leave. It’s not uncommon for abusers in these situations to threaten to refuse to cooperate with immigration paperwork or even to threaten the victim with deportation as a way to maintain control over them. The Violence Against Women Act was put into place to address these types of situations by providing a way for domestic abuse victims to apply for legal status on their own without needing the help of their abuser.

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 independent 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 be able 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 self-petition for lawful status on their own. The goal of this process is to be able to remove the abuser from the victim’s immigration process entirely, meaning the abuser’s cooperation or consent is no longer required. This helps protect victims from ongoing threats and manipulation regarding their immigration status and ability to remain in the country lawfully.

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 their abuse. Navigating this while keeping yourself safe can be challenging, but the team at Mi Sueño Americano is here to help.

Who Can Apply Under VAWA?

Many people don’t realize that the protections of the Violence Against Women Act extend to them because they believe that only women are eligible. But that’s not true. Both men and women can file self-petitions if they meet the criteria, which are generally to have a qualifying family relationship with either a U.S. citizen or a lawful permanent resident and to have suffered abuse from that family member.

Spouses

An abused spouse of either a U.S. citizen or a lawful permanent resident can be eligible to file a VAWA petition. Spouses are also allowed to file even if they were not abused if their child was a victim. In some cases, you can also still file even if you are divorced from your abusive spouse or if they have died, as long as you file within two years of either event.

Children

VAWA self-petitions are available to unmarried children under the age of 21 who have suffered battery or extreme cruelty, including emotional or physical abuse, by a parent who is a U.S. citizen or lawful permanent resident. In certain cases, a child may still qualify up to age 25 if they can show that the abuse was the primary reason they were unable to file before turning 21.

Parents

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

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

What Is the Process for Submitting a VAWA Self-Petition?

Once you’ve 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 that support your petition. This should include evidence of the qualifying relationship and proof that the relationship was abusive.

Proof of 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 presenting a lease agreement, bills that were 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 happens privately, and victims often don’t reach out for help in a way that would have official documentation, such as calling the police, for fear of retaliation from their abuser. While official records, such as police reports and protection orders, are great to have, other documentation, such as medical records for treating injuries, can also support your petition. Affidavits from family members, friends, or anyone who witnessed the emotional or physical abuse are also allowed. An attorney can help you determine what can be included in your application to make it as strong as possible.

Once you have your documents together, you can file your forms. If your petition is approved, you can then 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 that you submit your self-petition, which is known as concurrent filing. This can help speed up the process.

Are Family Members Eligible as Derivative Beneficiaries?

Leaving an abuser and creating a separate, independent life isn’t 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 primary applicant must be either a self-petitioning spouse or child (not a parent), and the derivative beneficiary must be an unmarried child under the age of 21.

Derivative beneficiaries also need to be eligible based on their own immigration history and admissibility, so it’s essential to review your situation with an immigration attorney. If you have other family members who are affected by the situation but don’t qualify as derivative beneficiaries of a VAWA self-petition, an attorney can also explain any other options to help them obtain lawful permanent residency.

What Happens If Your VAWA Petition Is Denied?

If your VAWA self-petition is denied, it doesn’t mean you’re out of options. Denials can happen for a variety of reasons, and sometimes, it’s just a matter of providing more documentation or clarifying an issue with eligibility. Our law firm can help you determine why your petition was denied and what options you have, whether that’s refiling or looking at 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.