Can a VAWA Applicant Apply for a Green Card?
Yes, a person who qualifies under the Violence Against Women Act (VAWA) can apply for a green card (lawful permanent residence) in the United States. VAWA provides a path to legal status for victims of abuse who are close family members of U.S. citizens or lawful permanent residents.
Who Qualifies for a VAWA Green Card?
You may be eligible to apply for a green card under VAWA if you are:
- The spouse of a U.S. citizen or green card holder has been abused by your spouse.
- The child (unmarried and under 21) of a U.S. citizen or green card holder who has abused you.
- The parent of a U.S. citizen who has subjected you to abuse (if the citizen is 21 or older).
How the Process Works:
Self-Petition (Form I-360):
You must first file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a self-petitioner under VAWA. You do not need the abuser’s knowledge, consent, or support.
Adjustment of Status (Form I-485):
If your I-360 petition is approved (or filed concurrently), and a visa is available to you, you may file Form I-485 to apply for a green card.
- If your abuser is a U.S. citizen, you may be eligible to file both I-360 and I-485 at the same time (concurrent filing).
- If your abuser is a green card holder, you may need to wait for a visa number to become available.
Interview & Decision:
USCIS may schedule you for an interview before deciding on your green card application.
Benefits of the VAWA Green Card Process:
- No need for the abuser’s involvement or consent.
- Work authorization and protection from deportation while your case is pending.
- Confidentiality protections under the law.
- Path to citizenship after receiving the green card (usually after 3 years of permanent residence).
Final Thoughts:
VAWA is a powerful form of protection for immigrant victims of domestic violence. If you meet the eligibility criteria, you can apply for a green card and ultimately gain lawful permanent residence in the U.S. It is highly recommended to consult with an immigration attorney or accredited representative for guidance throughout the process.
