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- You are married to an abusive U.S. citizen or lawful permanent resident.
- Your marriage to the abuser ended legally by death (U.S. citizen spouses only) or divorce (for reasons related to abuse) within 2 years prior to filing your petition.
- Your spouse lost or renounced U.S. citizenship or permanent resident status within 2 years prior to filing your petition due to a domestic violence incident.
- You believed you were legally married to your abusive U.S. citizen spouse or lawful permanent resident, but the marriage was not legitimate solely because of your abusive spouse's bigamy.
- More considerations available upon request.
Frequently Asked Questions
Get answers to common questions about the VAWA self-petition process.
They can obtain lawful permanent residence and obtain a permanent resident card (also known as a Green Card).
Yes, you can. As long as they are single and on their own, they have not started the VAWA application process.
Yes, you can also include in your petition your unmarried children under the age of 21 if they have not yet submitted their own application.
You will need to prove that you were genuinely married and not for the purpose of evading immigration laws. What if the abusive family member died or lost U.S. citizenship? Can I be eligible for the VAWA petition? Yes, you are still eligible for the VAWA self-petition.
If you live outside the United States at the time of filing your self-petition, you must show that you meet one of the following requirements in addition to the eligibility requirements listed: 1. Your abusive family member who is a U.S. citizen or lawful permanent resident is a member of the U.S. armed forces. 2. You were a victim of abuse or extreme cruelty in the United States. 3. If you are applying as the spouse or child of an abusive U.S. citizen or lawful permanent resident, you may include your child(ren) as derivative beneficiaries in the self-petition.
Yes, shelters for battered women receive funding from a variety of federal sources, including the Family Violence Prevention and Services Act (FVPSA) of the Administration for Children and Families' Office of Community Services. These funds are administered through a designated state agency. The FVPSA does not include immigration restrictions, and HHS has not designated FVPSA funds as a federal public benefit program that requires verification of immigration status.