April is Sexual Assault Awareness Month (SAAM). SAAM exists to raise public awareness about sexual violence and educate communities on how to prevent it. Lopez Immigration Law works with immigrant survivors of sexual abuse and assault in filing self-petitions under the Violence Against Women Act (VAWA), which is why SAAM is so important to us.

Under the VAWA, an immigrant who is the survivor of violence may seek an immigrant visa. Unlike many other immigrant petitions, which require a qualifying relative petition for you, individuals may self-petition under the VAWA.

Who can file a VAWA self-petition?

An immigrant who has suffered extreme battery or extreme cruelty abuse by his or her U.S. citizen or lawful permanent resident spouse, parent, or child. The definitions of “parent” and “child” are specific, so consult an immigration attorney before proceeding.

Extreme battery or cruelty can include physical violence or other types of cruelty without violence. It can include unwanted sexual contact, forced detention, forced prostitution, and psychological abuse.

What are the requirements to apply under VAWA?

An applicant who applies based on abuse by his or her spouse must demonstrate he or she:

  • Is married to a U.S. citizen or a lawful permanent resident;
    • Note: there are some exceptions to this requirement.
  • Suffered extreme battery or cruelty by his or her spouse or his or child has suffered extreme battery or cruelty by his or her spouse;
  • Entered the marriage in good faith;
  • Resided with his or her spouse; and,
  • Is a person of good moral character.

An applicant who applies based on abuse by his or her child must demonstrate he or she:

  • Has a child, who is over 21 years old and is a U.S. citizen or a lawful permanent resident;
  • Suffered extreme battery or cruelty by his or her child;
  • Resided with his or her child; and,
  • Is a person of good moral character.

An applicant who applies based on abuse by his or her parent must demonstrate he or she:

  • Is under 21 years old and his or her parents is a U.S. citizen or a lawful permanent resident;
  • Suffered extreme battery or cruelty by his or her parent;
  • Resided with his or her parent; and,
  • Is a person of good moral character.

Can family members be included on a VAWA self-petition?

Some family members may be eligible to be included as derivatives of a principal’s application based on their relationship to the principal applicant.

Is there a fee to file a VAWA self-petition?

There is no filing fee for a VAWA self-petition. There may be filing fees for other forms required to be submitted along with a VAWA petition; however, some applicants may be eligible for a fee waiver for these other applications.

What are the benefits of an approved VAWA self-petition?

If a VAWA self-petition is approved, the immigrant is granted authorization to work in the United States.

 Additionally, if a VAWA self-petition is approved, an applicant may also be eligible to apply for lawful permanent residency. Whether an individual is eligible depends on his or her relationship to the abuser and to any applicable grounds of inadmissibility, or ineligibility.

Please note: This is an overview of immigration benefits under the VAWA and is not meant to be legal advice. For information on your specific situation, we recommend you use our contact form to schedule an appointment with our office. We would be glad to help you determine the best option for you.