Some special visas allow victims of certain crimes to obtain a green card. Such is the case of the VAWA visa. But what is the process like? What are the requirements for applicants? What documents are required? Today we will look at everything you need to know about VAWA residency.
Residency for victims of domestic violence is possible. However, the process is not simple. The large amount of proof documentation and the stress of the interview can be a challenge. But don’t worry. At Jaskot Law we are here to help you. Tell us about your case and get the legal help you need today.
Table of Contents
What is the VAWA visa?
VAWA (Violence Against Women Act) status is a special visa that allows victims of domestic violence to self-petition for U.S. residency. This means that you can file your petition without relying on the abuser. It was created to protect victims by allowing them to stay in the country legally.
What are the benefits of VAWA?
Some of the main benefits of VAWA are:
- Possibility of obtaining legal permanent residence (Green Card).
- The knowledge or consent of the abusive family member is not required to file the application.
- Exemption from adjustment of status vetoes.
- Exemption from certain grounds of inadmissibility (public charge, entry without inspection).
- Right to file the application for adjustment of status to resident (Form I-485) while the Form I-360 is pending.
- Special confidentiality protections.
- Ability to include derivative family members in the application.
The VAWA visa does not pardon all types of crimes. If you have any grounds of inadmissibility, you may need to apply for an immigration waiver. This involves initiating another process, with its requirements and documentation. Therefore, it is best to consult your case with an attorney. Contact us today and take the first step towards your visa.
What is a self-petitioner for VAWA residency?
A self-petitioner under VAWA is a person who applies for permanent residency in the U.S. without the support of a sponsor (spouse, parent or child). Remember that the program allows victims of domestic violence to file a petition on their own to obtain legal protection and stability.
However, even if you do not need a sponsor, it is important to have legal help. An attorney can not only help you through the process, but also file the appropriate charges against your abuser. Do not face this situation on your own. At Jaskot we are here for you. Tell us about your case and get the legal support you deserve.
VAWA Residency Requirements
Self-petitioners must meet the following requirements to apply for VAWA residency:
- Have an approved or ongoing VAWA self-petition (by filing Form I-360).
- Prove that you were a victim of domestic violence by your partner, child, U.S. citizen or resident parent and deserve a favorable exercise of discretion by USCIS.
- Be physically present in the United States when filing your application for adjustment of status on Form I-485.
- Be eligible to receive an immigrant visa.
- Have an immigrant visa available at the time you file Form I-485 and when USCIS decides on your application.
- Not having any possible cause for adjustment veto.
- Not having any cause of inadmissibility.
If you have a ground of inadmissibility, you may be able to apply for a waiver. However, you must meet certain requirements to do so. In addition, you will need to gather additional documentation and follow the appropriate application process. Therefore, it is best to seek the assistance of an attorney. Contact us and get the legal assistance you need.
What documents do I need to apply for VAWA residency?
To apply for VAWA residency, you must submit the following documents:
- Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- Form I-485 (Application to Register Permanent Residence or Adjust Status).
- Form I-693 (Medical Report and Immunization Record).
- Two passport photos.
- Copies of documents:
- Notice of Approval or Receipt (Form I-797) of Form I-360 (unless filing concurrently with Form I-485).
- Government issued identification document.
- Birth certificate.
- Passport page with your non-immigrant visa (if applicable).
- Passport page with admission stamp or entry permit issued by a U.S. immigration officer (if applicable).
- Form I-94 (Arrival/Departure Record), admission stamp or entry permit placed by CBP on your travel document (if applicable).
Depending on your case, you may need certain additional documentation, such as immigration waivers or criminal records. Therefore, it is essential to consult with an attorney about the documents necessary for your situation. At Jaskot Law, we are here to help you. Tell us about your case and get the legal support you need.
What is the VAWA residency process like?
The VAWA residency process includes the following steps:
Step 1: Apply for the VAWA Visa
First, you must have an approved or pending VAWA visa to apply for residency. To do this, you must file Form I-360. This means that you can file your adjustment of status application without having an approved VAWA visa. But you must at least have started the process to obtain one.
Step 2: Complete Form I-485
Second, you must apply for and complete Form I-485 (Application for Adjustment of Status). Immediate relatives of VAWA self-petitioners may file at any time. Otherwise, check the availability of visas and wait until one becomes available.
Step 3: Submit Forms I-485 and I-360
Send Forms I-485 and I-360 together. It does not matter whether the latter is pending or has been approved. Also check the Department of State’s Visa Bulletin for visa availability and priority dates.
Step 4: Change I-485 Application (if your case warrants it)
If you already have a Form I-485 pending based on an I-130 petition approved by your abusive relative, notify the local USCIS office to change your adjustment of status application to be based on your VAWA self-petition.
You must do this within 30 days.
Step 5: Consular Processing (if applicable)
Finally, if you are abroad, you will need to follow the consular process to apply for VAWA residency. Remember to submit all documentation and supporting evidence again for consular officers to review.
This is an overview of the VAWA residency process. Depending on your case, additional instances may apply. Therefore, it is best to consult with an immigration attorney. At Jaskot Law we can help you. Talk to an attorney and secure your VAWA residency process.
Interview for residency through VAWA
In some cases, applicants are required to undergo an interview for residency by VAWA. This is a crucial component of the process, as it allows immigration officials to verify the authenticity of the case.
Therefore, it is critical that applicants be prepared to answer questions about their relationship with the abuser, the abuse suffered, and their life in the United States. Providing honest and complete answers, as well as presenting the required documentation, is essential to a successful interview.
Legal aid for residency through VAWA
A VAWA self-petition can be the gateway to obtaining permanent residency in the United States. However, applying for it comes with certain difficulties. Not only the process, but also the documentation varies depending on each applicant’s situation.
Therefore, it is essential to seek the assistance of an attorney to help you through this process. An attorney can provide you with the support and support you need, accompanying you every step of the way and helping you navigate through the immigration system. You are not alone. At Jaskot Law we are here to help you. Contact us and let’s take the first step towards a better life together.
Frequently Asked Questions about VAWA residency
How long does VAWA residency take?
VAWA residency processing time can vary considerably, generally ranging from 12 to 36 months or more. This period depends on factors such as USCIS workload, complexity of the case, and other individual factors. It is crucial to prepare a complete and accurate application to help expedite the process.
Can I apply for employment authorization if I have a Form I-485 pending?
Yes, you may apply for employment authorization while your adjustment of status petition is pending. You must file Form I-765 (Application for Employment Authorization) with USCIS. Remember that working in the U.S. without the proper permits can lead to fines, imprisonment or even deportation.
Can I travel outside the United States while my Form I-485 is pending?
Yes, you may travel outside the United States if your Form I-485 is pending. To do so, you must apply for an advance permission document by filing Form I-131 (Application for Travel Document).
Are there any grounds of inadmissibility that may affect my VAWA residency application?
Yes, certain grounds of inadmissibility may affect your VAWA residency application, although self-petitioners are exempt from some adjustment bars. These grounds are described in section 212(a) of the INA. Therefore, it is important to evaluate your situation with an immigration attorney to understand how they may affect you.
Sources
USCIS – Permanent Residency for VAWA Self-Petitioners
USCIS – Abused Spouse, Children and Parents (Form I-360 for VAWA Self-Petitioners)
Other resources
VAWA: The Complete Guide to Understand How It Works
Complete list of Documents to apply for VAWA
Applying for VAWA residency: How is it done and how long does it take?
Legal implications of the VAWA application for the abuser
I was denied a VAWA visa: What do I do now?
Form I-485: Step by step to apply for permanent residency
VAWA and T Visa: Which is the best option for victims of domestic violence?
How VAWA Protects Victims of Economic Violence
What is a VAWA derivative, and how is it included in the petition?
What crimes does the VAWA visa waive for its beneficiaries?
Can I leave the United States if I have a VAWA visa?
What is the waiting time to obtain a VAWA work permit?
