VAWA Abused Spouse Green Card Requirements: Overview
“VAWA abused spouse green card requirements” is the starting point in your research to find out whether you are eligible for a VAWA green card. To qualify for a VAWA abused spouse green card, you need to meet 5 basic eligibility criteria. Some of the qualifying criteria is harder to meet than others, so you must be very careful to present a convincing case to USCIS.
VAWA Green Card Qualification Checklist
1. Qualifying Relationship: You must be married to a U.S. citizen or lawful permanent resident. If you are divorced, you are still eligible if your divorce is no more than 2 years old when you apply for VAWA.
2. Evidence of Abuse: You must have been abused, whether physically or emotionally, by your spouse.
3. Bona Fide Marriage: You must have intended to establish a life with your spouse.
4. Joint Residence: You must have resided with your abusive spouse.
5. Good Moral Character: You must be a person of good moral character. This means you are no worse than the average citizen.
VAWA Abused Spouse Green Card Requirements: FAQs
Yes. An illegal entry won’t disqualify you for VAWA. Additionally, if you had only one illegal entry you may be able to adjust your status in the USA without leaving to attend the interview in your home country.
It takes about 2-3 years for USCIS to make a decision on your I-360 VAWA self-petition and an additional 15 months to process your I-485 adjustment of status application. In some cases, you may be able to work and travel while your VAWA application is pending.
Most VAWA cases are decided without an interview. However, USCIS has the right to interview you about your VAWA petition.
Emotional and or physical abuse is valid for VAWA purposes. To prove abuse, you may use your own statement, medical reports, text messages, emails, video and voice recordings, (if obtained legally), photographs, police reports and third-party witness affidavits. Additionally, may need to consult with a licensed mental health professional for treatment.
No. You should not remarry while VAWA is pending because you will no longer be eligible for VAWA. You can remarry after USCIS has made a decision on your I-360 VAWA petition.
No. Your spouse should not find out about your VAWA (Violence Against Women Act) case because it is confidential. You should use a safe mailing address such as an attorney’s office, to prevent any mail going to address, if you still live with your abusive spouse.
Yes. USCIS will review your VAWA application and the evidence that you submitted with it to determine if your marriage was bona fide. USCIS may even interview you and conduct its own independent investigation for marriage fraud.
Yes. If the state or country in question, recognizes common law marriages, it would be valid for immigration purposes.
How We Can Help You Win Your VAWA Case?
Since 2015, we’ve helped hundreds of VAWA victims win their cases. Sometimes they call us in complete despair with little hope of a future in America. We do not use a cookie-cutter approach when preparing these cases. Each case is different and deserves personalized attention. We tell the human story to USCIS. Our VAWA files are usually about 200 pages thick at the time that we file. This is what it takes to prepare a solid VAWA application.
What Our Clients Say
“I want to extend my deepest gratitude to my lawyer, Mrs. Fletcher, for her unwavering support and dedication throughout the process of obtaining my green card and my mother’s citizenship.”
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