Violence Against Women Act (VAWA)

VAWA was enacted, in part, to provide legal immigration status to individuals who had been subjected to battery or extreme mental cruelty committed by their LPR or citizen spouses.

You should file an I-360 petition for yourself as the battered or abused spouse or child of a lawfully permanent resident under section 204(a)(1) of the INA. Section 204(a)(1) requires that a self-petitioning spouse must show that he/she:

1. has a qualifying relationship as the spouse, intended spouse, or former spouse of, or as the child of, a citizen of LPR of the U.S.
2. is eligible for immigrant classification 201(b)(2)(A)(i) of the Act, based on a qualifying relationship with a USC; or section 203(a)(2)(A), based on a qualifying relationship with an LPR of the U.S.
1. is living in the US; or, if living abroad, the citizen or lawful permanent resident is an employee of the US government or a member of the uniformed services (as defined in section 101(a) of Title 10, United States Code); or the citizen of LPR subjected the self-petitioner or the self-petitioner’s child to battery or extreme cruelty in the U.S.
3. has resided with the citizen or LPR;
4. has been battered by, or has been the subject of extreme cruelty perpetrated by, the citizen or LPR during the qualifying relationship or is the parent of a child who has been battered by, or has been subject of extreme cruelty perpetrated by, the citizen or LPR during the qualifying relationship. Rogers & Associates recommends that you try to obtain any of the following evidence to show that you have been subject of battery or extreme cruelty:
1. reports and affdavits from police, judges, court officials, medical personnel, counselors, social workers, or other social service agency personnel, or school officials.
2. Evidence that you have sought refuge in a shelter for the abused.
3. Photographs of your injuries, and affidavits from witnesses, if possible.
4. Evidence of any verbal abused. In this respect, describe words, names used, what tone of voice was used, how did the incident end, who left the room/residence, did things go back to “normal” or was there a need for apologies, appeasement or “walking on eggshells”?
5. Evidence of any social isolation. In this respect, explain the manner and duration of the isolation, the specific actions your spouse took, what you did in response and how did you feel as a result of your spouse’s actions.
6. Evidence of possessiveness on the part of your spouse. In this respect, explain the manner of the possessiveness, what your spouse did, what you did in response and how you felt as a result of your spouse’s actions.
7. Evidence of quality of life. In this respect, explain how your life changed, how your were affected by the abuse, what you felt caused the changes and what you did to deal with the abuse.
5. A statement, in your own words describing the relationship with your abuser. Be as specific and detailed as possible.
6. is a person of good moral character. In this respect, Rogers & Associates recommends the following:
1. your own affidavit supported by police clearances or records from each place you resided for at least 6 months during the 3 year period before filing your petition. If you have resided outside the US during this 3 year period, you should submit police clearances from those locations. If the police clearance is researched by name only, you should supply the law enforcement agency with all aliases you have used.
2. If police clearances, criminal background checks, or similar reports are not available for some locations, submit an explanation and submit other evidence to support your affidavit. Evidence may include affidavits form responsible persons who can knowledgeably attest to your good character.
7. in the case of a self-petitioning spouse, entered into the qualifying relationship in good faith.