Types of Evidence to Prove Each Eligibility Requirement
The VAWA self-petitioner's affidavit is perhaps one of the most important documents that she will submit with her self-petition. The affidavit, written in the petitioner's own words, describes her "story" in detail, including information addressing each of the eligibility requirements. Often, due to the dynamics of the abusive relationship, the VAWA self-petitioner may be unable to obtain all documents necessary to support each of the requirements. In that case, the affidavit serves to fill in for some of the missing documentation, providing an explanation as to efforts made to obtain it, why the efforts were not successful, and why the applicant believes she satisfied the requirements for a particular element. For example, if the petitioner is certain that her abuser is a green card holder because he showed her the card on one or more occasions, she can explain this in her affidavit. The affidavit is also one of the first documents that adjudicators turn to when evaluating the self-petition in order to get an overview of the case.
Besides the affidavit, other documents which the VAWA self-petitioner may provide to satisfy each of the eligibility requirements include:
- Abuser's Status
o Birth Certificate
o Passport
o Green Card
o Marriage License Application
o Petitioner may also request that USCIS search its records to confirm the status of the abuser; however, ultimately, the burden of proving the abuser's status remain on the VAWA self-petitioner
- Good-faith marriage
o Wedding or honeymoon photographs
o Birth certificates of children
o Marriage license
o Joint tax returns, insurance policies, or bank accounts
o Cards, letters from abuser
o Letters or affidavits from friends or relatives with personal knowledge of the relationship
- Battery or extreme cruelty
o Orders of protection
o Police reports (note, however, that the self-petitioner need not have called police to be eligible for VAWA relief)
o Criminal court records, including complaints or arrest records
o Medical records
o Photographs of bruises, scars, or other injuries
o Statements from shelter workers and domestic violence advocates
o Letters from friends, family, or witnesses to the abuse
- Joint residence
o Apartment lease with both names included on it
o Joint bank account statements
o Joint tax returns
o Joint insurance policies
o Letters addressed to both self-petitioner and abuser
o Letter or affidavit from landlord
- Good moral character
o Police clearance letter
o If arrests and/or convictions, certified dispositions, as well as detailed explanation by self-petitioner of circumstances surround arrest and/or conviction
o Support letters from friends, family, clergy