VAWA Requirements
Who is Eligible to File a VAWA Petition?
The following persons are eligible to file a self-petition under VAWA:
-
Abused spouses of U.S. citizens and lawful
permanents residents
- While the law refers to "Violence Against Women," men, boys, and girls may also apply for relief under VAWA
- Spouses of U.S. citizens or lawful permanent residents who are not abused, but whose children are
-
Abused "intended spouses"
- A spouse who entered a bigamous marriage in good faith may also self-petition under VAWA
- Abused parents of U.S. citizen children
-
Abused children of U.S. citizens or lawful
permanent residents
- Abused children of U.S. citizens may self-petition up to the age of 25 if the primary reason for the delay in filing was abuse by the U.S. citizen parent
Note: An immigrant is still eligible to self-petition within two years after:
- The death of his or her U.S. citizen abuser (not of lawful permanent resident)
- Divorce (divorce after filing the VAWA petition does not negatively impact the outcome of the case)
- Deportation of the abuser but only where there is a connection between the deportation and the domestic violence
What Must the VAWA petitioner prove?
Types of Evidence to Prove Each Eligibility Requirement