Green Card through VAWA
Immigration under Violence Against Women Act (VAWA) provides
immigration status
to abused spouse and child of a U.S. citizen or lawful permanent resident.
Under the U.S. immigration law, most of the immigrants obtain
green card
If the petitioning relative dies or if there is any break down in marriage or
there is any abuse involved, don’t be panic. There is an option to obtain a
green card under the above mentioned situation. ie: Green card through VAWA (or
Immigration through VAWA).
Violence Against Women Act:
VAWA - an act passed by the U.S. Congress in 1994 - provides immigration status to
abused spouse and child of a U.S. citizen or lawful permanent resident. To be
more precise, through VAWA, any women marrying or dating a male U.S. citizen is
eligible to attain a green card immediately by claiming spousal abuse.
Benefits of VAWA:
- Allows the abused child/spouse to remain in the United States and obtain a
green card, thereby permitting them to legally live in America;
- Permits the abused child to receive some public benefits;
- Provides employment authorization to the self-petitioner and their
derivative children.
Who is eligible for green card under VAWA?
In order to qualify for green card under VAWA, you must be under one of the
following categories.
- Spouse: A battered spouse married to a lawful permanent resident or a
U.S. citizen may file self-petition for a green card through VAWA. The
unmarried children of the petitioner who are under the age of 21 can also be
included on your petition as derivative beneficiaries. The petitioner must
be legally married to the U.S. citizen or lawful permanent resident batterer
and the self-petition may be filed if the marriage was terminated by the
abusive spouse’s death or divorce within the two years prior to filing.
- Parent: Parent of a child who has been abused by a U.S. citizen or
permanent resident spouse can file self-petition for green card status.
- Child: Children who were victims of abuse by their U.S. citizen or
lawful permanent resident parent may file self-petition to qualify for green
card status. The child should be under the age of 21 years. While filing the
petition, the child should submit relevant credible evidence proving the
relationship with the parent. Also, the child should qualify as the child of
the abuser as the “child” is defined in the INA for immigration purposes.
For more information regarding the eligibility criteria, call us at (918)
258-6092
Getting Immigration through VAWA:
You must file USCIS Form I-360 (Petition for Amerasian, Widow(er), or
Special Immigrant) to qualify for immigration through Violence Against Women
Act. Along with the form, you have to submit all the supporting documentation.
The petition should be filed with the Vermont Service Center and should be sent
by certified return receipt mail. For filing self-petition, some amount of fees
is also charged. While filing the petition, a copy of the form and the
supporting documents should be kept with you. A notification of receipt will be
sent to you within a few weeks after mailing the application and fee to the
USCIS. If your application is denied, a denial letter will be sent to you. The
denial letter will tell you how to appeal for the denial of form.
If advice is needed regarding filing self-petition, you may
contact us. At immspec.com, we have an excellent team of professionals to
help you. No matter where you are residing, we can provide form preparation
services for our clients anywhere in the USA. To know more about our services
see Nationwide Immigration Services.
