VAWA
VAWA
At Vernon & Associates P.C., Our skilled attorneys will manage your case with empathy and dedication, doing everything possible to ensure your safety and help you remain in the U.S.
How Vernon & Associates P.C. Can Help You With Your VAWA Petition
With decades of experience in all aspects of immigration law, Vernon & Associates P.C. boasts a team of expert attorneys who have assisted thousands of individuals seeking U.S. asylum, refugee protection, citizenship and naturalization, as well as family and employment immigration.
During times of uncertainty, fear, and despair, we provide our clients with the highest level of patience and care, helping victims of violence under VAWA.
What is VAWA?
The Violence Against Women Act (VAWA) is a U.S. federal law that enables victims of abuse who are related to U.S. citizens and lawful permanent residents to apply for an adjustment of status through self-petitioning, without depending on their abuser.
Originally passed by Congress in 1994 and reauthorized in 2000, 2005, 2013, and 2022, VAWA:
- Provides a pathway to lawful immigration status for victims of abuse who would otherwise need their abusers to file on their behalf.
- Increases awareness of various forms of violence, including domestic violence, dating violence, stalking, and sexual assault.
The process for remaining lawfully in the U.S. under VAWA involves two key steps:
- Submitting a VAWA petition along with your application to adjust your status.
- Applying for a Green Card once your VAWA petition is approved.
Although the law’s title includes "women," it applies to individuals of any gender, as long as they meet the criteria to qualify as a VAWA self-petitioner.
Who Is Eligible For A VAWA Self-Petition?
Without VAWA, victims of domestic violence would be forced to rely on their abuser to submit an immigration sponsorship petition to the United States Citizenship and Immigration Service (USCIS), making it extremely difficult or even impossible to escape abusive situations without jeopardizing their legal status in the U.S.
With VAWA, you no longer need a relative to file a petition on your behalf to classify you as their alien relative for adjusting your status to lawful permanent resident and obtaining a Green Card. Instead, you can file a self-petition as a VAWA self-petitioner.
If your VAWA petition is approved, you:
- Are protected from deportation
- Gain the right to work legally in the U.S.
- Become eligible to apply for a Green Card
- Can include certain family members in your VAWA petition
What Documents Do You Need To Support Your VAWA Petition?
To apply for an adjustment of status under VAWA, you must submit the following:
- Your self-petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Proof that you are a spouse, child, or parent of the abuser, such as marriage or divorce certificates, birth certificates, or shared accounts
- Evidence that the abuser is a U.S. citizen or lawful permanent resident, such as a copy of their U.S. passport, certificate of naturalization, immigration document showing their status, or birth certificate
- Proof that you lived with the abuser, such as lease agreements, utility bills with both names, or tax returns
- Evidence of your good moral character, such as police clearance records or statements from family members and friends
- Proof that you experienced abuse
- A copy of your passport
- A copy of your birth certificate
- Proof that you currently reside in the U.S.
If you are missing certain documents, such as evidence of your family member’s citizenship or proof of physical or emotional abuse, the experienced attorneys at Vernon & Associates P.C. can help you build a strong case, offering the support and guidance you need.
In some cases, such as when you are an immediate relative of a U.S. citizen, you may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status (Green Card), and Form I-765, Application for Employment Authorization, together. This concurrent filing can simplify the process, offering relief and making your immigration journey less stressful.