How do I know if I qualify for VAWA?

To determine if you qualify for the Violence Against Women Act (VAWA) self-petition, you generally need to meet several specific criteria related to your relationship with the abuser, the nature of the abuse, your residency, and your personal character.

Understanding VAWA Eligibility: Key Criteria

VAWA allows certain battered spouses, children, and parents of U.S. citizens (USCs) or lawful permanent residents (LPRs) to file an immigration petition on their own behalf, without the abuser's knowledge or consent. This pathway provides a measure of safety and independence for survivors of domestic violence.

Here are the primary factors that determine VAWA eligibility:

1. Qualifying Relationship

You must demonstrate a specific relationship to the abuser, who must be a U.S. citizen or lawful permanent resident.

• Battered Spouse or Former Spouse:
  • You are currently married to a USC or LPR abuser.
  • You were previously married to a USC or LPR abuser, and the marriage was terminated by divorce or death within the two years immediately preceding your self-petition, and the termination was related to the abuse.
  • You believed you were legally married to a USC or LPR abuser, but the marriage was not valid solely due to the abuser's bigamy.
  • You are the spouse of a USC or LPR, and your child has been subjected to battery or extreme cruelty by your spouse.
• Battered Child:
  • You are an unmarried child under 21 (or sometimes up to 25 if directly related to the abuse or delay) who has been battered or subjected to extreme cruelty by a USC or LPR parent.
  • You are the child of a qualifying VAWA self-petitioner (e.g., your parent is filing a VAWA petition as a battered spouse).
• Battered Parent:
  • You are the parent of a U.S. citizen son or daughter (who is at least 21 years old) who has battered or subjected you to extreme cruelty.

2. Battery or Extreme Cruelty

You must demonstrate that you, or your child, have been subjected to battery or extreme cruelty by the qualifying family member. This is a broad term that can include:

• Physical abuse: Hitting, slapping, punching, kicking, choking, pushing, or any act that causes physical harm.
• Psychological abuse: Threats, intimidation, isolation, emotional manipulation, verbal abuse, constant degradation, control over finances or movements.
• Sexual abuse: Any non-consensual sexual act.
• Harm to a child: If your child was subjected to battery or extreme cruelty by your spouse, you may qualify as a battered spouse even if you weren't directly abused yourself.

Evidence for battery or extreme cruelty can include police reports, medical records, affidavits from witnesses, photos, emails, text messages, and personal declarations detailing the abuse.

3. Residency Requirements

You must demonstrate that you resided with the abuser in the United States.

• Co-residence: You lived with the abuser for a period of time, although it doesn't have to be continuous or for a specific minimum duration.
• Physical Presence: You were physically present in the United States when you filed your petition, unless you are filing from overseas as a spouse or child of a U.S. government employee or U.S. armed forces member, or if the abuse occurred in the U.S. and the abuser is a U.S. government employee or armed forces member.

4. Good Moral Character

You must establish that you have been a person of good moral character for the three-year period immediately preceding the filing of your VAWA petition. This is a crucial requirement for all VAWA petitioners.

To demonstrate good moral character, you will typically need to:

• Provide Police Clearances: Submit police clearances (or a statement from the law enforcement agency that a clearance is not available) from every city or jurisdiction where you have lived for at least six months during the past three years. This helps to show an absence of criminal activity.
• Disclose Criminal History: Fully disclose any criminal arrests, charges, or convictions, even if they were minor or occurred outside the three-year period. While some offenses might disqualify you, others may be waived if you can show they were connected to the abuse.
• Affidavits: Provide affidavits from yourself and others affirming your good character.

Certain criminal convictions, such as aggravated felonies, will disqualify you from establishing good moral character. However, if you committed certain minor offenses as a direct result of the abuse (e.g., shoplifting due to financial control), you may be able to argue that these should not negate your good moral character.

5. Bona Fide Marriage (for spouses)

If you are applying as a spouse or former spouse, you must demonstrate that you entered into the marriage in good faith, not solely for immigration purposes. Even if the marriage ended due to abuse, you need to show it was initially genuine. Evidence can include:

• Joint bank accounts
• Shared leases or property deeds
• Birth certificates of children born from the marriage
• Affidavits from friends and family who knew you as a couple
• Photos of you together

6. Eligibility for Immigrant Visa

Finally, you must be otherwise admissible to the United States. While many grounds of inadmissibility can be waived for VAWA self-petitioners due to the abusive circumstances, some severe issues (like certain criminal convictions or security grounds) might still pose a challenge.

To know if you qualify, carefully assess each of these criteria and gather documentation to support your claims. Consulting with an immigration attorney specializing in VAWA cases can provide personalized guidance and help you understand how these requirements apply to your specific situation.