EXPLORING A HUMANITARIAN OPTION: Understanding VAWA Requirements

The Violence Against Women Act (VAWA) is a significant piece of legislation that allows the spouse and/or child of an abusive U.S. citizen or lawful permanent resident to apply for a green card through self-petition. It enables individuals to apply for a green card independently, without the need for their abusive spouse's assistance.

VAWA serves as a viable immigration option for men, women, and members of the LGBTQ community. This VAWA overview explains the requirements, providing clarity on what is necessary to qualify.

To qualify for VAWA, there are five primary requirements:

1. Qualifying Relationship with an Abusive U.S. Citizen or Lawful Permanent Resident;

2. Suffered Abuse by the U.S. Citizen or Lawful Permanent Resident;

3. Citizenship or Immigration Status of the Abuser;

4. Residence with the Abuser; and

5. Demonstrating Good Moral Character.

To elaborate further:

1. Qualifying Relationship with a U.S. Citizen or Lawful Permanent Resident

To qualify for VAWA, you must be in a qualifying relationship with a U.S. citizen or lawful permanent resident. These relationships include:

• Marriage to a U.S. Citizen or Lawful Permanent Resident: You must demonstrate that you entered into a bona fide marriage, intending to build a life together. If the marriage ended within the last two years due to abuse, you may still qualify.

• Abused Child of a U.S. Citizen or Lawful Permanent Resident: You must show a parent-child relationship with the abusive parent.

• Parent of an Abusive U.S. Citizen: You can qualify as the abused parent if the abusive U.S. citizen child is at least 21 years old.

2. Suffered Abuse

You must demonstrate that you suffered abuse, either been battered or that you were subjected to extreme cruelty. This can be established in the forms of physical, emotional or psychological, at the hands of the U.S. citizen or lawful permanent resident spouse, parent, or child.

3. Citizenship Status of the Abuser

The abuser must be a U.S. citizen or lawful permanent resident. However, if the abuser lost their status due to domestic violence, you may still qualify if you file the VAWA petition within two years of their status loss.

4. Residence Requirement

There are two aspects to the residence requirement:

• Current U.S. Residence: You must be residing in the U.S. when the VAWA petition is filed. If not, you must show that the abuse occurred in the U.S. or that the abuser is a U.S. government employee or uniformed services member.

• Past Co-Residence with the Abuser: You must have lived with the abusive U.S. citizen or lawful permanent resident at some point.

5. Good Moral Character

You need to show that you have been a person of good moral character for the three years preceding the filing of your VAWA petition. This typically involves providing police clearances, tax returns, and declarations from friends and family.

I hope this guide provides a clearer understanding of the VAWA requirements. If you have any questions or need assistance with your VAWA application, please feel free to schedule a consultation.

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