VAWA (Violence Against Women Act):

If you have been the victim of domestic violence and are without legal status in the U.S., our firm can help protect you from further abuse.  The requirements for qualifying for this type of visa if abused by your spouse are listed below:

  1. You must have been battered or subjected to extreme cruelty from your U.S. citizen or permanent resident spouse or parent;
  2. You entered into the relationship in good faith, not solely for immigration benefits;
  3. You have resided with your spouse;
  4. You are a person of good moral character;
  5. If you are divorced, you must file for VAWA within the next 2 years to remain eligible.

You will need to file form I-360 with USCIS at the Vermont Service Center.  If you are a self-petitioning spouse, you will receive a Prima Facie Determination Notice within 150 days of filing which will allow you to obtain certain public benefits for certain victims of domestic violence.  If you have an approved I-360, you will also be eligible to apply for a work permit.  If approved, you are also eligible to apply for a permanent resident green card.

Evidence required for your VAWA Application:

When filing your Form I-360 with the USCIS, you should include the following evidence to prove you meet the eligibility requirements:

  1. A detailed declaration from you describing how you entered into your good-faith marital relationship to your abusive spouse, and the abuse you suffered as a result of your spouse’s actions;
  2. A background check from the police department as well as letters of support to show you are a person of good moral character;
  3. A copy of your Birth Certificate (with certified English translation) and a copy of the Biographic Page of your Passport;
  4. Proof of your abusive spouse’s U.S. citizenship (copy of U.S. birth certificate or biographic page of U.S. passport) or green card holder (copy of their green card);
  5. Proof of your marital relationship to your abusive spouse (marriage certificate);
  6. Proof that you lived with your abusive spouse (photos together, the copy of lease agreement, joint bank statements, joint billing statements);
  7. Proof that you suffered abuse (your declaration, letters from family and friends verifying the abuse, pictures of the abuse you suffered, police reports, copies of restraining orders you filed against your spouse);
  8. Proof you currently live in the U.S. (mailed statements showing your U.S. address, any government issued ID listing your U.S. address, a copy of your current lease agreement).

Please contact our firm for a free initial consultation at (866)691-9894.