Davis & Associates

Certain people battered by their US Citizens and Legal Permanent Resident family members may qualify for an immigrant visa.

Immigration through a US citizen or permanent resident family member usually requires that the citizen or permanent resident file a petition and see the immigration process through to the end, often with an interview conducted by USCIS.  This means that the citizen or permanent resident has complete control of the immigration process for their family member; they must be the one to initiate the process and can terminate it at any time.  In relationships where domestic violence exists, this control can be abused by the citizen or permanent resident as one more way to hurt their family member through threats of revoking or delaying the immigration process, or of deportation.

VAWA

Congress passed the Violence Against Women Act (VAWA) in order to help undocumented victims of domestic violence gain permanent resident status independently of their abusive citizen or permanent resident family member.

The categories of people who can file VAWA petitions are:

• Battered spouses of US citizens and legal permanent residents can apply.  The battered spouse’s unmarried children under the age of 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Parents of children who have been abused by their citizen or permanent resident step-parents can apply.  The parent’s other unmarried children under 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Unmarried children under 21 who have been abused by their citizen or permanent resident parents can apply.  The child’s unmarried children under 21 can be included in the application, regardless of whether the child suffered abuse or not.
• Parents who have been abused by their adult US citizen sons or daughters can apply.

A VAWA petition is filed on Form I-360 and requires fairly extensive documentation.  There are specific requirements that have to be proven in order for USCIS to approve a VAWA petition.  Generally, the requirements are:

• Proof of the abuser’s immigration status.  The abuser’s status can be proven with a copy of his or her birth certificate, passport, naturalization certificate, or permanent residency card.
• Proof of the relationship between the abuser and the undocumented person.  This includes marriage certificates, birth certificates, and divorce decrees.
• Proof of the abuse, and the effect of the abuse on the undocumented person.  Typical proofs include police reports, arrest reports, protective orders, restraining orders, court documents, medical records, doctor and/or hospital bills, pictures, news reports, counseling letters, and letters from people who were aware of the abuse at the time it occurred.
• Proof of the good moral character of the undocumented person.  USCIS requires that the VAWA applicant obtain a police clearance letter from every city where the applicant has lived for the past three years, if the applicant lived in that city for six months or more.

If the VAWA petition is approved, the battered spouse, child, or parent may be able to apply for permanent residency based on the petition once the priority date is current.  The particular immigration, criminal, and medical history of each applicant must be fully analyzed in order to determine if, how, and when they can apply for a green card.