VAWA (Violence Against Women Act) I-360
If you have been abused by your spouse, you are still able to apply for lawful permanent residence in the United States on your own. You do not need the assistance of an abusive sponsor to obtain the LPR status.
The United States immigration law regulates situations of these types where it becomes vital to protect those who may face violence from a family member.
A self-petition is created for those individuals out there who need a lawful permanent residence in the United States by themselves by applying to the United States Citizenship and Immigration Service (USCIS).
This ultimately means that you are able to get legal status in the U.S without even needing any sort of help from the abuser. As the name suggests, self-petition enables you to apply for legal permanent residence all by yourself.
Am I Eligible?
You are eligible to apply for legal permanent residence as per the VAWA if you are abused by the following:
- Your spouse, who is a legal permanent resident or a U.S. citizen (or even if you are a spouse of an LPR or USC and your child has been abused by them);
- An LPR or USC parent (this includes a step-parent as well); or
- A USC adult daughter or son. It is important to note that this does not include the LPR, daughter, or son.
This clearly shows that apart from the spouses, the parents, as well as the children, can apply for it.
How To Apply?
There are basically two main steps to applying for a green card under the VAWA. This include:
- file Form I-360 along with the supporting evidence with U.S. Citizenship and Immigration Services (USCIS), and once it has been approved,
- file an application for a U.S. green card (lawful permanent residence) by using Form I-485 as well as the supporting documents.
Now, if you are a spouse of a USC, you can then file both documents at one time. You do not need to wait for the approval of the I-360.
However, the above is not applicable if you are a spouse of an LPR. You will be required to wait for the approval of the I-360 first.
Let's discuss how you can File VAWA I-360 Petition.
Filing VAWA I-360 Petition
This form is basically used by various types of petitioners. However, if you are a spouse who has been abused, you do not need to fill out the entire form.
Once you have filled out the form, you have to make sure that you have included all of the required documents and pieces of evidence. These may include:
- A written declaration that may explain your relationship, problems you faced dealing with the abuser, and everything that may help in proving your eligibility
- Police or hospital records showing that you have been abused by your spouse
- Police clearance record to show you are a person with good moral character
- Evidence that the abuser is an LPR or USC
- Evidence of your relationship with the abuser whether you are a spouse, children, or a parent of the abuser
- Evidence that you are currently residing in the U.S
- Evidence that you have lived with the abusive LRP or USC (the length of time period doesn't matter)
- Evidence that you have entered into the marriage with an LRP or USC in good faith
- You must be an individual with pure intentions and good moral character
Once this step is done, you'll then move to step 2 of filling out an application for a U.S. green card (lawful permanent residence) by making use of Form I-485 as well as the supporting documents.
How Can RB Law Help You?
As you may have noticed, the above-mentioned process seems quite complex and time taking. Therefore, it is always a wise decision to take assistance from a professional in this regard, and RB Law is here to help you. Get in touch with us today and allow us to help you get rid of the painful situation.
