I-360 Self-Petitions based on Domestic Violence (VAWA)
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Generally, if you are married to a U.S. citizen or lawful permanent resident (or if you are the child of a U.S. citizen or lawful permanent resident), your spouse or parent can file an Immigrant Visa Petition on your behalf, which is the first step towards obtaining your lawful permanent residence or Green Card. However, what if your spouse or parent is abusing you, and you cannot depend on him or her to file for you? In this situation, you may be able to file what is known as a “Self-Petition” to obtain status on your own, without relying upon your abusive spouse or parent. The petition is based on the Violence Against Women Act of 1994 (VAWA). Below are some common questions regarding this process:
What relationships qualify for a Self-Petition?
If you are filing as an abused spouse, you must be legally married to a U.S. citizen or lawful permanent resident. You can also file the Self-Petition up to two years after your divorce from your spouse. If you are filing as an abused child, you must be the child of a U.S. citizen or lawful permanent resident, and you must be under 21 years old and unmarried. However, you may be able to file up to the age of 25, if you can show that the abuse was “one central reason” for your delay in filing.
What if I was never married to my partner, but we have children together?
Only individuals who are, or were, legally married (or thought they were but the marriage is invalid due to bigamy) are eligible to apply for the Self-Petition. However, if you were the victim of abuse or a crime and you reported the abuse to the police, you may be able to apply for a U visa, which is a type of relief for crime victims (see previous blog post on a U visa). Also, if you left your country due to being a victim of domestic violence, you may be able to apply for asylum.
What are the other requirements?
You must show that you married your spouse in good faith (if filing as a spouse), that you resided with your spouse or parent, that you were the victim of abuse (either emotional or physical), and that you are a person of good moral character. An experienced immigration attorney can give you more information about what kinds of documentation you can use to fulfill each of these requirements.
Can I still show good moral character if I have a criminal record?
Certain crimes may disqualify you from demonstrating good moral character, while others may not be a problem. An experienced immigration attorney should review all of your criminal records before you file any application for relief.
Can I apply if I entered without a visa (undocumented)?
Yes, in some instances. Please consult with a lawyer to see if you may qualify for this.
If my Self-Petition is approved, when can I apply for my Green Card?
If you are the spouse or child of a U.S. citizen, you will be able to apply for lawful permanent residence as soon as your Self-Petition is approved, assuming you are otherwise eligible. If you are the spouse or child of a lawful permanent resident, you will be assigned a “priority date,” and you will be eligible to apply when your priority date becomes current. The Department of State publishes a Visa Bulletin each month, stating the priority dates that are current for each country. Prior to filing an application for your Green Card, you should consult with an immigration attorney to make sure that you are eligible.
