You can obtain a green card if you were in an abusive, toxic relationship with your spouse. This process is called VAWA, after the “Violence Against Women Act,” but it applies to men, too.
There is a process to self petition if you have been in a toxic, abusive relationship with a United States Citizen Spouse or Lawful permanent resident. You need to have been married in the past, or currently married to be eligible. Below, we explain the steps.
To apply for a green card under the Violence Against Women Act (VAWA) for immigrants who are victims of domestic violence, the following steps are typically involved:
1.Eligibility Determination: Determine eligibility by meeting the criteria set forth by VAWA. Generally, to qualify, individuals must demonstrate that they have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent. Additionally, they must establish a qualifying relationship with the abuser, demonstrate good moral character, and meet other requirements outlined in the VAWA provisions.
2. Filing Form I-360: Complete and submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to the United States Citizenship and Immigration Services (USCIS). This form serves as the petition for immigrant classification as a victim of abuse under VAWA. Along with the form, provide supporting documentation to substantiate the claims of abuse and eligibility for relief under VAWA.
3. Biometrics Appointment: Upon receipt of the Form I-360, USCIS will schedule a biometrics appointment for the applicant to provide fingerprints, photographs, and signature for background checks.
4. Request for Evidence (RFE): If USCIS requires additional documentation or information to adjudicate the petition, they may issue a Request for Evidence (RFE). Respond promptly and thoroughly to the RFE to avoid delays in processing.
5. Adjudication of the Petition: USCIS will review the petition, along with supporting evidence, to determine eligibility for VAWA relief. If the petition is approved, the applicant will be granted VAWA self-petitioner status.
6. Application for Adjustment of Status (Form I-485): Once the I-360 petition is approved, eligible applicants can file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card. This form allows the applicant to adjust their immigration status to that of a lawful permanent resident.
7. Interview: USCIS may schedule an interview to review the application and conduct further inquiries. Attend the interview and provide truthful and accurate responses to any questions asked.
8. Decision: USCIS will make a decision on the adjustment of status application. If approved, the applicant will receive their green card, granting them lawful permanent resident status in the United States.
It’s essential to consult with an experienced immigration attorney or accredited representative throughout the VAWA application process to ensure compliance with requirements and maximize the chances of success. Additionally, applicants may be eligible for fee waivers and other forms of assistance to alleviate financial burdens associated with the application process.
