Protection for Immigrant Survivors of Domestic Violence

The Violence Against Women Act (VAWA) offers some victims of domestic violence a path to become lawful permanent residents (LPRs or green card holders). VAWA protections apply to both women and men.

Eligibility

An abused spouse, former spouse, or child of a U.S. citizen may be eligible to petition for themselves without the abuser’s knowledge. Parents who are being abused by an adult citizen child may also be able to apply for relief if their abusive child is 21 years old or older.

An abused spouse, former spouse, or child of an LPR may also petition for themselves. Parents of an abusive LPR cannot petition for themselves under VAWA.

Spouses of Abusive Citizens or LPRs

To be eligible for VAWA as a spouse, you must have a qualifying spousal relationship with the citizen or LPR abuser. Your relationship qualifies if any of these apply to you:

• Your abuser is a U.S. citizen or LPR, or your abuser renounced citizenship, or renounced or lost LPR status (due to an incident of domestic violence) less than two years before you file your petition

• You are currently married to the abuser, or the marriage was ended by death or a divorce (related to the abuse) less than two years before you file your petition

• You believed that you were legally married to your abusive citizen or LPR spouse but the marriage was not legitimate because your spouse was still married to another person when you two were married

Along with having a qualifying relationship, your citizen or LPR spouse must have abused you or your child.

The other requirements are:

• You must have entered into the marriage in good faith, not solely for immigration benefits;

• You must have lived with your spouse; and

• You must be a person of good moral character.

Having good moral character means your character meets the standards of average citizens in your community.

Conditional Permanent Residents

You could have conditional permanent residency (CPR) if you married a U.S. citizen or LPR. CPR status is only valid for two years. Generally, you and your spouse must file a joint Petition to Remove Conditions of Residence within three months before your CPR status expires. If you do not file the petition during those three months, you can be deported. VAWA offers a path to become an LPR without filing the joint petition.

To learn more about CPR and other statuses, read Immigration Basics: Status, Law, Agencies, and Courts.

Children of Abusive Citizens or LPRs

To be eligible for VAWA as a child, you must have a qualifying parent/child relationship with the citizen or LPR abuser. Your relationship qualifies if you are the child of a citizen or LPR abuser; or you are the child of a citizen or LPR abuser who renounced citizenship, or renounced or lost LPR status due to an incident of domestic violence.

Along with having the qualifying relationship, you must also meet all of the following requirements:

• Your citizen or LPR parent must have abused you;

• You have lived with your abusive parent; and

• You are a person of good moral character.

Having good moral character means your character meets the standards of average citizens in your community. A child younger than 14 is presumed to be a person of good moral character.

Parents of Abusive Citizens

To be eligible for VAWA as a parent, you must have a qualifying parent/child relationship with the citizen or LPR abuser. Your relationship qualifies if:

• You are the parent of an abusive citizen child who is at least 21 years old when your file your petition;

• You are the parent of an abusive citizen child who renounced citizenship; or

• You are the parent of an abusive citizen child who was at least 21 years old and who died less than 2 years before you file your petition.

Along with the qualifying relationship, you must meet all of the following requirements:

• Your citizen child must have abused you;

• You have lived with the abusive child; and

• You are a person of good moral character.

Having good moral character means your character meets the standards of average citizens in your community.

Applying for VAWA

The process begins when you file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. While instructions and information about filing this form are available on the USCIS website, you may want to talk to an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and services near you.

If you are living abroad, you may file Form I-360 if any of the following are true:

• The abuser is an employee of the U.S. government;

• The abuser is a member of the uniformed services; or

• You were abused in the United States.

Processing times may vary. To get an idea of how long USCIS may take to process your petition, use the USCIS Processing Time tool. Select “I-360 – Petition for Amerasian, Widow(er), or Special Immigrant" in the Forms dropdown menu. Select “Vermont Service Center” in the Field Office or Service Center dropdown menu. Click on “Get processing time”. Look at the date in the Violence Against Women Act (VAWA) row.

If you are a spouse or child and you meet the filing requirements, you will get a notice (Prima Facie Determination Notice) once USCIS processes your petition. You can show the notice to government agencies that provide certain public assistance to certain victims of domestic violence to see if you are able to get benefits. This notice is valid for 150 days.

If your petition is approved, and you are the spouse or child of an abusive citizen, you may apply to be an LPR immediately. Of course, you should make sure that you meet the other requirements for a green card. Other self-petitioners may be eligible to apply to become LPRs when their priority date is current. They should also make sure they meet the other requirements for a green card. To learn more about family preference categories, read Family & Marriage-Based Immigration.

If your petition is approved, but you are not eligible for a green card based on prior conduct (like an immigration violation), you could be granted deferred action and allowed to work. Deferred action means that, while you are technically deportable, you are not a priority and will be allowed to stay in the U.S. This can be renewed annually. To learn more about deferred action and different immigration statuses, read Immigration Basics: Status, Law, Agencies, and Courts.

Working in the U.S.

If your petition is approved, you are eligible to apply to work. To apply to work in the U.S., you must file Form I-765, Application for Employment Authorization. While instructions and information about filing this form are available on the USCIS website, you may want to talk to an immigration lawyer for help. Use the Guide to Legal Help to find immigration lawyers and services in your area.

Resources

Help is available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal services, and other types of help. To learn more, visit the National Domestic Violence website.

The Michigan Immigrant Rights Center may be able to help with your immigration case. Contact them to learn more.