Everything You Should Know About VAWA Petitions and VAWA Green Cards

Discover seamless Information about VAWA Petitions and VAWA Green Cards solutions with Din Law Group.

The Violence Against Women Act (VAWA) is a federal law that provides a path to a green card for certain victims of domestic violence without the need of a family sponsor. A VAWA lawyer may be able to help you gain what’s often called a “VAWA green card” if you’ve been abused by a green card holder or U.S. citizen close to you. 

This guide to VAWA immigration benefits covers:

  • The purpose of a VAWA petition
  • Requirements for a VAWA green card
  • Processing time for VAWA petitions and VAWA green cards

An experienced VAWA lawyer may even be able to help certain victims of domestic violence avoid removal. Din Law Group specializes in U.S. immigration law. We have the experience and skill to represent noncitizens seeking a VAWA green card or other domestic violence protection.

Table of Contents

Excellent Service provided by Asma! She took utmost care to file our petition in short notice by collating the required documentation from us and provided timely updates as well.

Google Review – Bhimi Rajesh

Request A Free Consultation Today!

Don't risk your future by navigating immigration complexities and processes alone. Trust an immigration attorney for guidance.

The Purpose of a VAWA Petition

Most noncitizens understand that family-based immigration is dependent on a U.S. family member’s sponsorship.

U.S. citizens and lawful permanent residents have the right to petition U.S Citizenship and Immigration Services (USCIS) for the immigrant visa of certain family members.

Unfortunately, when the sponsoring relative is an abuser, green cards are often held just out of reach for the immigrant-hopeful.

Domestic abusers are known for leveraging the hope of a green card against their immigrant family members to keep them quiet about the abuse.

VAWA green cards may be the only way to stay in the United States and escape the cycle of abuse for many victims of domestic violence.

An experienced VAWA lawyer can help noncitizens submit a VAWA petition to USCIS for an immigrant visa as a VAWA self-petitioner. When a victim of domestic violence submits a VAWA petition, the abuser does not even need to be informed.

Requirements for a VAWA Green Card

If you are a noncitizen seeking a VAWA green card, you must meet certain requirements. Your immigration attorney can evaluate your individual circumstances in a confidential consultation, but let’s go over the basic requirements now. To petition USCIS so that you may be granted a VAWA green card, you first petition for an immigrant visa.

Once approved, you can gain a green card through a process known as Adjustment of Status.

To be eligible, you must be the victim of battery or extreme cruelty by one of the following relatives:

  • Your spouse (or your former spouse) who is an American citizen or a lawful permanent resident (LPR)
  • Your parent who is an American citizen or LPR – if you’re under 21 and unmarried or between the age of 21 and 25 but your abuse caused a delay in your filing
  • Your child who is an American citizen

If you are eligible to self-petition, your VAWA lawyer will help you file a VAWA petition using Form I-360 and apply for a VAWA green card using Form I-485.

Requirements for filing a VAWA petition and obtaining a VAWA green card include:

  • The proper filing of Form I-360 to petition for your immigrant visa
  • The proper filing of Form I-485 to adjust your status to a lawful permanent resident
  • Submission of supporting evidence with your immigrant visa petition
  • Physical presence in the U.S. when filing Form I-485
  • Fulfilling admissibility requirements

Keep in mind, USCIS officials use their discretion when allowing a noncitizen to self-petition through VAWA. They will look at your positive factors and your individual situation. It’s important to be upfront with your VAWA attorney so that they can present the best case for your immigration including filing any necessary waiver of inadmissibility on your behalf.

VAWA self-petitioners are exempt from two of the grounds of inadmissibility listed in the Immigration and Nationality Act due to the nature of their circumstances.

The two grounds of inadmissibility that don’t pertain to VAWA petitioners are:

  • The “public charge” ground of inadmissibility
  • The “entry without inspection” ground of inadmissibility

USCIS officials are more likely to approve your VAWA petition and your Adjustment of Status for a VAWA green card if you:

  • Are compliant with U.S. laws
  • Have good moral character
  • Have no criminal record

Get The Immigration Help You Deserve And Request A Consultation Today!

Processing Time for VAWA Petitions and VAWA Green Cards

Immigrant visa petition processing times vary depending on many factors such as the complexity of the case and the number of petitions received by USCIS. VAWA lawyers typically see VAWA petitions take between two and three and a half years for processing.

The green card application, done through an Adjustment of Status, is typically submitted concurrently.

If a petitioner will lose legal status while waiting for a VAWA petition approval, a skilled immigration attorney may be able to convince the U.S. government to hold off on removal proceedings.

Your attorney may be able to file for a VAWA cancellation of removal, an often overlooked, but generous form of deportation relief. Please be upfront with your VAWA lawyer, so that they can best protect you during this stressful time.

VAWA Lawyer FAQs

What abuse qualifies a noncitizen for a VAWA green card?

It’s important to realize that the mental torment of immigration-related abuse can often be considered extreme cruelty. Typically, successful VAWA petitioners have experienced other forms of abuse including:

  • Social isolation
  • Intimidation or degradation
  • Forced labor
  • Forced unemployment
  • Sexual abuse
  • Stalking
  • Physical violence

Yes! You must submit your VAWA petition within the two years following your divorce though.

Yes. Even though it’s called “the Violence Against Women Act,” victims may file a VAWA petition regardless of gender.

About one-quarter of VAWA petitions are approved by USCIS. Keep in mind though, that rate includes the VAWA petitions submitted with help from inexperienced legal advocates and lawyers who aren’t experienced with VAWA petitions. It also includes the petitions of victims who file on their own with no help at all. With a qualified VAWA lawyer, your chances of approval greatly increase.

If your children are under 21 years old and unmarried, your VAWA lawyer can include them in your VAWA petition.

After you submit your VAWA petition for an immigrant visa, USCIS may send you a “Notice of Prima Facie Determination” designating you as a “qualified alien” within four to six months. With this designation, you can apply for benefits like food stamps and Medicaid.

Do You Need a VAWA Lawyer?

If you believe you may qualify for an immigrant visa through VAWA, please contact Din Law Group to request a free, confidential consultation.

Call Din Law 214-238-4130