“Is it easy to get approved for VAWA?” is a legitimate question but you should never underestimate the legal requirements for any immigration application. It may be easy to get the forms and instructions online but there is a body of complex immigration law that is applied to each case. This is why you should not attempt to do-it-yourself, as you will be practicing on your own case, without proper training. A skilled immigration attorney, can improve your chances of winning your case and help you avoid deportation.

VAWA means Violence Against Women Act and despite the name, it applies equally to men and women. VAWA allows abused spouses and minor children of U.S. citizens and permanent residents to self-petition for a green card without a sponsor. Abused parents of U.S. citizens are also eligible to apply. How you present your case is big step in determining if you win or lose.

This first step in winning your VAWA case is to be eligible. There are five main requirements for VAWA. a) You need a qualifying relationship; b) in which you were abused; c) you resided with the abuser; d) you are eligible for immediate relative or preference category; and e) you are a person of moral character.

Many VAWA cases are won or lost based on evidence. VAWA requires proof for all the five steps mentioned above. You cannot just say you meet the requirements. Filing an I360 petition without any further documentation is a sure way of getting denied for VAWA. Depending on your case, you may need evidence of bona fide proof or marriage or proof of the parent child relationship.

Practicing on your own case is a recipe for disaster. You could win your case by reading online and listening to friends but you are more likely to lose than win. You should not gamble like this with your future. Find a skilled immigration attorney who is well-versed in immigration law and regularly files and wins VAWA cases. The right attorney will know how to prepare and present evidence for your VAWA case. Even, when you initially do not believe that you can prove your case, speaking with the right attorney could change your perception.

The road to a VAWA victory is long. It could take 5 years from the time you file the first application to the time that you are holding your green card in your hand. You have to be a person of “good moral character” throughout this process. Committing crimes during this period could hurt your case. Also getting married while the I-360 is pending could be the end of your VAWA case.

The Annual Report on Immigration Applications and Petitions Made by Victims of Abuse, is a yearly publication made by the U.S. Department of Homeland Security. This report documents the approval rate for VAWA cases. Some cases may have been received before 2022 but the table below shows the approval and denial rate in 2022. USCIS received 32,413 total VAWA cases in 2022 and this is normally the trend, each year. If we use this number in comparison to the approval and denial rate, we will see that only 25 percent of VAWA cases are approved.

After reading this article, you should have learned that only 25 percent of VAWA cases are approved. The odds are even worse if you do-it-yourself.

My name is Cheryl Fletcher and I have been practicing immigration law since 2015. I have helped hundreds of victims of domestic violence secure their future in America, with a VAWA green card.

If you would like to speak with me about your VAWA case, please feel free to book a consultation. You’ll be glad you did.

Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.

“Does VAWA require marriage?” is an excellent question and one that you should consider carefully before applying for VAWA. My name is Cheryl Fletcher and I am an immigration attorney. In this article, we will fully answer this question so that you will have a basic understanding of the VAWA marriage requirements.

VAWA means Violence Against Women Act and both men and women are eligible for immigration benefits under this law. It allows abused spouses and children who are abused by a U.S. citizen or U.S. permanent resident to apply for a VAWA green card. Abused parents of U.S. citizens are also eligible.

To be eligible for VAWA, an abused spouse must: 1) have resided with the U.S. citizen or U.S. permanent resident; 2) was battered or subject to extreme cruelty during the marriage; 3) have entered into the marriage in good faith; 4) be eligible for immediate relative or preference status; and 5) be a person of good moral character.

What is a “good faith” marriage?

A good faith marriage is a real marriage. This means that you and the abusive spouse intended to establish a life together when you decided to get marriage. Documentation such as wedding photographs, joint residence, joint bank accounts, affidavits from friends and relatives and joint utility bills are some of the types of evidence that prove that there is/was a good faith marriage. A marriage entered into solely for immigration benefits is a sham and not a good faith marriage.

Types of Marriages

a. Civil marriage: This is the most common type of marriage and is easily recognized. In most cases, the government of the state or province where you are getting married will issue a license. The ceremony has to be performed by an official or authorized person. After the marriage ceremony, you apply to have the marriage recorded in official government records. You will receive an original certificate with the details of the marriage. A certified copy of this document is good for a VAWA application.

b. Common-law marriage: A common law marriage is a legally recognized marriage between two people without a marriage license or ceremony. It is the type of arrangement where two people capable of marrying, live together as husband and wife and pretend to be a married couple. If a common law marriage is legally recognized in your U.S. state or foreign country, this is good enough for a VAWA application. Evidence of you cohabitating with your common-law spouse and a copy of the relevant law may help you prove your case.

c. Religious marriage: A wedding that follows all the statutory requirements and a religious official performs the ceremony rather than a civil official. This type of marriage is also recognized for VAWA purposes, as long as it is legal in the state or country where it happened.

Any of the types of marriages above are eligible for VAWA. There are issues such as bigamy, consanguinity and public policy that can complicate the validity of a marriage. VAWA recognizes bigamous marriages where the abused spouse believes that he or she was in a valid marriage. These issues are highly complex and it is best to speak with a qualified immigration attorney.

For VAWA eligibility, you must file the I-360 Petition for Amerasian, Widow(er), or Special Immigrant while married to the abusive spouse or within two years of the divorce, the abuser’s death or the abuser’s loss of U.S. citizenship or U.S. permanent resident status. A battered ex-spouse may remarry after, but not before the I-360 is approved, otherwise the case will be denied.

An abused spouse’s child is automatically included without a separate petition. This includes the abuser’s step-children and adopted children. The marriage must have occurred before the child turned 18 years old. The child does not have to suffer abuse or have even resided with the abuser. There must be or have been a legally recognized marriage between the VAWA spouse and the abusive U.S. citizen or U.S. resident, for the child derative beneficiary to be eligible for VAWA. For the child, the marriage does not have to be bona fide and the abuse does not have to have taken place during the marriage.The child must be unmarried and under 21 when the I-360 is filed but will not “age-out” even if the petition is not approved until after 21 years of age.

Aged out Children: An abused child of a U.S. citizen or lawful permanent resident may file a VAWA petition until age 25 if he or she can demonstrate that the abuse was at least one central reason for the filing delay. To be eligible to file until age 25: 1) the child must have qualified to file before age 21; 2) there must be a strong connection between the abuse and the filing delay; 3) the I-360 must be filed before the child reaches 25; and 4) the child must be unmarried.

Natural, adoptive or stepparents are eligible for VAWA if the United States child is 21 or older at the time the parent files. For stepparents, the  marriage had to exist before the abusive child turned 18. 

After reading this article, you should have learned that the answer to the question, “does VAWA require marriage” is yes.

I have been practicing immigration law since 2015. I have helped hundreds of VAWA applicants through the application process. At my law firm, we review the facts of your case thoroughly to determine the best strategy to achieve your goals.

We have received approvals for cases that other attorneys thought were not possible.

Please fee free to reach out to us for a case evaluation.

Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.

“How long after VAWA is approved to get a green card?” may not be your first thought but after waiting a few weeks, you may begin to wonder how long will the entire process take. Rest assured, you have clicked on the right article. We will explore the answer thoroughly so that you will be able to manage your expectations.

VAWA means Violence Against Women Act and it allows certain abused persons to self-petition for a green card, without the need for a sponsor. Only two categories of abused persons are eligible for VAWA. Namely, those whose abusive relative is a U.S. citizen or those whose abusive relative is a lawful permanent resident (green card holder). The abusive relative’s immigration status determines your VAWA category.

Parents, children and spouses who live with a U.S. citizen and are abused are eligible for a green card. This category of people are called immediate relatives. There is no limit on the amount of immigrant visas that are available for immediate relatives and these visas are always available. As soon as the I-360 Petition for American, Widow(er), or Special Immigrant is filed and accepted by United States Citizenship and Immigration Services (“USCIS”), a visa is available for you.

Filing a Stand Alone I-360 Petition: As an immediate relative of a U.S. citizen, you may file the I-360 petition alone or your may file it with an I-485 Adjustment of Status application. There are many reasons why you may decide to file a stand alone petition. Some typical reasons are costs, inadmissibility issues and travel restrictions. If you file the I-360 application alone, you did not apply for a green card. Form I-485 is the actual green card application. A solid I-360 petition shows the relationship between you and the abuser and should include various pieces of evidence documenting the abuse. The I-360 petition is processed by the Vermont Service Center an it takes about two to three years for the agency to reach a decision. Upon approval of the I-360 you are eligible for employment authorization, even without filing an adjustment of status application. USCIS regularly updates its processing times based on its workload and the number of applications it receives. If you choose the stand alone option, after you receive an approval, you may file for permanent residence and that could take another two years. This means that the entire process could last five years.

Filing an I-360 Petition with an Adjustment of Status Application: Lengthy processing times are one of the primary reason why qualified applicants choose to file both forms together. You may even file the I-485 application, while form I-360 is pending. Although the I-485 is not being evaluated until after there is a decision on form I-360, just by filing the I-485 form, you are eligible for work authorization and travel. You must apply for these two benefits using the appropriate forms but your pending I-485 application gives you legal grounds to be able to file. If you are occupied with work and international travel, you are living your life to the fullest, while you wait. If all goes well and your VAWA and adjustment of status application are approved, it should take about five years from the date of filing to receive your green card.

VAWA applicants whose abusive relative is a lawful permanent resident (green card holder) are not eligible to file an adjustment of status application until the priority date is current. Only spouses are children are eligible. VAWA is not available for parents of lawful permanent residents. The priority date is the date that USCIS received your application, as stated on your I-360 receipt notice, I-797C Notice of Action.

There are backlogs in this visa category and even if the I-360 is approved quickly, you must wait until the category is current. The US visa bulletin, published monthly, will provide updates on whether the category is current.

Unlike VAWA applicants who are related to an abusive U.S. citizen and can apply for work authorization while the I-360 is pending, there is no such benefit available to those who are related to permanent residents. They must wait until after the I-360 is approved to file for adjustment of status, work authorization and travel authorization.

My name is Cheryl Fletcher and I have been an immigration attorney since 2015. I have helped hundreds of survivors of domestic violence through the VAWA immigration process.

We will properly evaluate your case and take the right steps to ensure it is processed in a timely manner.

If you would like to speak with me about you case, feel free to reach out to us by clicking the orange button below.

Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.

“How much does VAWA cost?” is the very next question to think about after checking your eligibility. VAWA means Violence Against Women Act and it offers critical protections and support to survivors of domestic violence, sexual assault, and other forms of gender-based violence in the United States. In this article, we will explore the expenses involved in applying for VAWA .

Before spending any money, it is best to check the eligibility requirements for VAWA. Only an abused spouse, child or parent of a U.S. citizen or lawful permanent resident may apply for VAWA. VAWA self-petitions allow survivors to seek legal status independent of their abusers. If successful the abused VAWA applicant will receive a permanent resident green card. VAWA petitions are filed with United States Citizenship and Immigration Services (“USCIS”) and there are several steps and applications involved in the process. The six items outlined below will provide the answer to the question: “how much does VAWA cost?”

1. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant: Form I-360 is the first and most important form for a VAWA application. It is this form that you use to tell USCIS that you have been abused and that there is a qualifying relationship between you and the abuser. There is no filing fee for this form. You may file form I-360 by itself or with an I-485 Adjustment of Status Application.
2. I-485 Adjustment of Status: Form I-485 is the actual application for a green card. You use this form to request permanent residence. You may have entered the U.S. in a non-immigrant status such as a B1/B2 tourist, a F-1 student, a J-1 exchange visitor, etc., or you may have entered without inspection. The filing fee depends on your age. If you are under 14 and filing independently, the fee is $1,140 but is discounted to $750 if you are filing with at least one parent. If you are 14 or older, the filing fee is $1,140.
3. Biometric Services Fee: USCIS may require applicants to provide fingerprints and photographs for background checks. This fee also depends on your age. There is no biometrics fee for applicants under 14 or 79 or older. Applicants 14-78 must pay an $85 biometrics fee, in addition to the adjustment of status application fee. The adjustment of status and biometrics fee (where applicable) must be submitted with the application, at the time of filing and may be paid with a personal check, money order or a credit card.
4. Medical Examination: Adjustment of Status applicants are required to undergo a medical examination. The medical examination results may be submitted at the time of filing the I-485 application or later when it is requested by USCIS. You can only use a doctor that is approved by USCIS, for the medical examination, and their fees range from $250 to $700.
5. Translations: All documents that are not in English must be submitted with an English translation. Documents such as your birth certificate and records for your home country are the types of documents that usually require an English translation. Translation services may charge per document and usually start at $50.
6. Attorneys Fees: The value of a skilled attorney cannot be underestimated for this process. When an immigration officer reviews your application, he or she is applying immigration law to either approve or deny your request. While forms and instruction are available online, there are statutes, case law, legal opinions and memoranda that apply to your case and are not easily understandable without legal training. An experienced attorney can foresee issues with your application, save you time and money, prevent mistakes and provide you with peace of mind. Attorney’s fees for this service start at $5,450.

My name is Cheryl Fletcher and I have been practicing immigration law since 2015. I have helped hundreds of VAWA applicants successfully obtain green cards. Potential clients call us at various points in their lives. Sometimes they are still living with the abuser and other times, they are in the middle of a divorce. Regardless of the situation, we are more than happy to help.

If you are feeling overwhelmed because of a domestic violence situation and you have heard about VAWA but you are not not sure if it is right for you, please reach out to us. I will spend 30 minutes explaining you rights and legal options and put you on the best road to achieve your goals.

Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.

“Who qualifies for VAWA?” is an important question for immigrants in the U.S. who find themselves in abusive relationships. VAWA means Violence Against Women Act. It is a special law that allows certain qualified men and women to self-petiton for a green card without the need for a sponsor.

Only a spouse or unmarried child that has been abused by a U.S. citizen or lawful permanent resident (green card holder) or a parent that has been abused by a U.S. citizen, is eligible for VAWA. VAWA is not available to a parent who has been abused by a lawful permanent resident.

Spouse Eligibility for VAWA

An “abused spouse” is a person who enters into a bona fide marriage with a U.S. citizen or lawful permanent resident and is “battered” or suffers “extreme cruelty.” This means that when both people got married, they intended to establish a life together and it was not for immigration purposes. Abuse can take many forms. It may be physical harm, verbal abuse or control.

A VAWA spouse must prove:

1. Qualifying relationship: The marriage must be to a U.S. citizen or green card holder. You prove this by submitting a copy of their U.S. birth certificate, U.S. passport, U.S. naturalization certificate or green card. In some cases, a common-law marriage is sufficient and also if your marriage is invalid because your spouse committed bigamy, you may still qualify.

2. Evidence of Abuse: A detailed statement pointing to instances where a U.S. citizen or green card holder abused you is strong evidence that you should submit with you I-360 petition. In addition, police reports, court records, medical records, psychological reports and affidavits from witnesses who know of the abuse are examples of additional documentation that you should include in your evidence packet.

3. Bona Fide Marriage: Your marriage must be real from the beginning, even if it is breaking down. Photographs of the wedding, joint accounts such as bank accounts, utility bills, life insurance naming your spouse as the beneficiary, and joint health insurance and some types of evidence that can help you prove that your marriage was real.

4. Joint Residence: You must have resided with your abusive spouse. You may prove this by submitting a copy of the lease agreement or the deed to the marital home.

5. Good Moral Character: You must be a person of good moral character. This means that you are no worse than the average citizen in your community. A clean FBI background check is proof of good moral character. If you have blemishes on your record, some offenses won’t automatically disqualify you but it is best to consult with a qualified immigration attorney for a thorough review.

Child Eligibility for VAWA

“Who qualifies for VAWA?” also includes certain children. A “child” is an unmarried person, under 21 years old who suffers abuse at the hands of their U.S. citizen or permanent resident parent. This category includes step-children. Children up to 25 years old are eligible to file if he or she can prove that the abuse was the main reason for delaying the filing. The child must also have resided with the abusive parent/step-parent and be a person of good moral character. A child less that 14 years old is presumed to be a person of good moral character. The child may file an independent petition. In this case, the child must have resided with the abuser. The child may also be a derivative on the abused spouse’s petition, if the abuser abused his or her mother or father. In that case the child does not have to have lived with the abuser.

Parent Eligibility for VAWA

A VAWA parent must have resided with the abusive daughter or son and must prove the parent/child relationship. Strong evidence includes money order receipts or cancelled checks showing financial support, insurance policies listing the child as dependent, school records, correspondence between the child and the parent and notarized affidavits of friends or neighbors with knowledge of the relationship. The parent must also be a person of good moral character and present evidence of the abuse.

If you meet the eligibility requirements for VAWA you may be able to obtain permanent residence. An adjustment of status application may be filed jointly with the I-360 petition or may be filed after the I-36o petition is approved.

If you had filed an I-485 Adjustment of Status Application with an I-130 petition you may be able to save it without having to pay a second filing fee. An experienced immigration attorney will best be able to advise you on the procedures to accomplish this feat.

Adjustment of Status Requirements

The adjustment of status requirements are as follows:

Photographs: You must submit two recent identical color passport-style photographs of yourself.

Entry: You must be present in the U.S. to be able to file an adjustment of status application. Unlike most other immigration categories where you need a lawful entry, VAWA allows adjustment of status for those who entered the U.S. without inspection.

Proof of Identity: You should submit a photocopy of a government-issued identity document that has your photograph. This will usually be your passport but a driver’s license, or national identification is acceptable. Even if the document is expired, it is still acceptable.

Birth Certificate: A long form birth certificate which lists at least one parent is required. If your home country generally does not issue birth certificates or it is unavailable, you must prove that it is unavailable and provide alternative forms of evidence of your birth, such as church or school records, hospital or medical records or personal affidavits.

Admissibility: You must be admissible. This means that there is nothing in your background or medical history that will prevent the U.S. government from approving your green card. Your criminal record and medical history are two areas that should be examined carefully, before applying to adjustment of status. Some criminal offenses and medical issues may be forgiven if you apply for and are granted a waiver.

You must take a medical examination, using a USCIS approved doctor. In addition, you are to submit court records and police reports of your criminal history.

My name is Cheryl Fletcher and I have been practicing immigration law since 2015. I have helped hundreds of VAWA applicants successfully obtain permanent residence. After reading this article you should have a much clearer understanding of “who qualifies for VAWA.”

If you have lost hope or are confused by the VAWA process, please fee free to contact me using the booking button below. I will take the time to explain you rights and advise you on the best strategy to achieve you goals.

Watch Attorney Fletcher explain the 8 eligibility requirements for a successful VAWA petition. WATCH NOW.