VAWA

The VAWA self-petition program grants residency to victims of domestic violence. In addition to punishing abusers, this immigration law promotes healthy relationships in the home. It provides important protections for women who are victims of domestic violence, including requiring abusive partners to comply with the country's civil and criminal laws.

Victims are exempt from paying for housing protection and personal protection orders, and they do not have to pay for abuse examinations. VAWA provides victims with greater security by effectively making abusive partners comply with protection orders. This law allows cases of domestic violence to be prosecuted and punished appropriately.

An applicant may apply if they have suffered abuse at the hands of a U.S. citizen. If you meet the immigration requirements, you can apply for both VAWA and a permanent resident card at the same time, as you qualify as an immediate relative.

A person can also apply for VAWA if they have been a victim of abuse by a legal U.S. resident. However, under the law, the applicant will not be immediately eligible for legal permanent residency. They will have to wait for their priority date, which is related to the date they filed their VAWA application. It is important to note that during this process, although it may take several years, the applicant will legally reside in the country, even if they have not yet obtained permanent residency.

Permanent residence in the United States is a status that allows immigrants to legally live and work in the country. The process of obtaining permanent residence can vary in length, although U.S. Citizenship and Immigration Services (USCIS) offers efficient and personalized attention. For example, the VAWA process, designed for victims of domestic violence, can take between 16 and 21 months to complete and requires the payment of an application fee. Additionally, there are various categories of permanent residence in the United States, including obtaining it through relatives who are U.S. citizens or permanent residents, employment, asylum or refuge, victims of human trafficking or abuse, and for immigrant investors willing to create jobs and make substantial investments in the country.

The VAWA Act offers the opportunity to obtain permanent residency to spouses, children, and parents of U.S. citizens or legal residents who have been victims of abuse. The requirements and documents needed for the application may vary depending on the applicant. For more information, we invite you to contact The Defense League.

Individuals eligible to apply for VAWA include those who:

1. They are legally married to a permanent resident or U.S. citizen who has committed domestic abuse.
2. They are widowed or divorced people who can prove that they suffered domestic violence and that their marriage ended due to physical, sexual, or psychological abuse.
3. They were deceived into unwittingly marrying a citizen or permanent resident spouse who was already married.

The process of filing a self-petition for legal residence due to abuse or neglect (VAWA) involves several crucial steps:

1. Completing Form I-360: The first step is to file Form I-360 with the United States Citizenship and Immigration Services (USCIS). This form is used to apply for residency based on abuse or mistreatment. It is highly recommended that you seek the advice of one of our specialized attorneys to ensure the form is completed correctly and accurately.
2. USCIS Evaluation: Once USCIS receives your Form I-360, it will be reviewed to determine if you qualify as a VAWA beneficiary. If you are found to qualify, you will receive a Notice of Prima Facie Determination, which will grant you access to certain public benefits and assistance.
3. VAWA Visa or Adjustment of Status Application: If you are the spouse or parent of a U.S. citizen over the age of 21, you must file Form I-485 along with the I-360 petition, as visas are generally available for immediate relatives. If your VAWA application is based on a family-based preference category, you may need to wait until visas for that type of petition become available.
4. Required Documentation: You must submit documents that confirm your identity, such as two passport-style photos, a copy of your government-issued ID, and a copy of your birth certificate. You must also provide documents that prove your immigration status and support how you entered the country. Additionally, gather evidence of physical or psychological abuse to support your VAWA residency application.
5. Work Permit and Permanent Residence: Once your I-360 application is approved, you can apply for a work permit using Form I-765. At the same time, you can begin the permanent residence application process (Form I-485) to obtain your green card and, ultimately, obtain legal permanent residence in the United States (green card).

The VAWA visa is a way to adjust your immigration status if you have experienced domestic violence or abuse at the hands of a U.S. citizen or resident.

With VAWA, you can obtain legal permanent residence in the United States (a green card), which grants you the right to work and live legally in the country. It also provides you with a Social Security number and access to the benefits and rights associated with legal permanent residence.

During the VAWA visa application process, you generally have the option to apply for a work permit and a travel permit, which allow you to work legally and leave the country when necessary. These permits are requested through Forms I-765 (Application for Employment Authorization) or I-131 (Application for Travel Document) filed with USCIS. At La Liga Defensora, we offer assistance in completing and submitting these forms accurately, avoiding potential denials of your applications.

Once you begin the process of obtaining legal permanent residence through VAWA, it is important to note that your work permit may take between 22 and 28 months to be approved. This calculation is based on the estimated time it takes USCIS to process your I-360 application and the application for employment authorization (I-765). Approval of your I-360 application could take between 16 and 21 months. Only after obtaining approval of the I-360 application, you can apply for your work permit through Form I-765, which is estimated to process approximately six (6) to seven (7) months.

If you are applying for a VAWA visa as the spouse or parent of a U.S. citizen over the age of 21, you can file Form I-360 at the same time as your application to register for permanent residence (I-485). This means that your case will be processed more quickly, and your work permit could be approved in a shorter period of time—approximately six (6) months.

To calculate the processing time and receive a definitive response on your VAWA case, it's important to consider the processing times established by USCIS for each of the forms you must submit. On average, these times are as follows:

• Approval of your application (I-360) can take between 16 and 21 months.
• Approval of your application to register for permanent residence (I-485) could take 15 to 20 months.

If you are applying for a VAWA visa as the spouse or parent of a U.S. citizen over the age of 21, you have the option of filing your I-485 petition at the same time as Form I-360 or while the latter is being processed. This could shorten the processing time to approximately six (6) or seven (7) months.

If your VAWA visa application is approved by immigration authorities, you may be able to apply for cancellation of removal. To do so, you must file a request for cancellation of removal under VAWA. If the request for cancellation of removal is approved, the deportation process may be canceled, and you may begin the process of obtaining legal permanent residence. For legal advice on this matter, we recommend contacting the Defense League, where one of our expert VAWA visa attorneys can assist you.