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VAWA

"With our help, you can get Green Card through VAWA."

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VAWA

With our help, you can get a Green Card as VAWA Self-Petitioner.

 

Definition of VAWA

VAWA is the federal Violence Against Women Act.

 

Eligibility of VAWA Self-Petitioner

According to VAWA, you may be eligible to become a lawful permanent resident. It means that you can get a Green Card if you are the victim of battery or extreme cruelty committed by:

  • A U.S. citizen spouse or former spouse;

  • A U.S. citizen parent;

  • A U.S. citizen son or daughter;

  • A lawful permanent resident (LPR) spouse or former spouse; or

  • An LPR parent.

 

Form I-360

You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent. A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.

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Eligibility for Adjustment of Status

To be eligible for a Green Card as a VAWA self-petitioner, you must meet the following requirements:

  • You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;

  • You are physically present in the United States at the time you file your Form I-485;

  • You are eligible to receive an immigrant visa;

  • An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application;

  • None of the bars to adjustment of status apply to you;

  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and

  • You merit the favorable exercise of USCIS’ discretion.

 

Eligibility for receiving an Immigrant Visa if you are not in the US

You are eligible to receive an immigrant visa based on:

  • An approved VAWA self-petition (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant);

  • A previously filed VAWA self-petition that remains pending (if ultimately approved); or

  • A VAWA self-petition (if ultimately approved) filed together with your Form I-485.

 

Bars to Adjustment

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. However, VAWA self-petitioners and beneficiaries are exempt from all of these bars to adjustment. 

 

Grounds of Inadmissibility

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.

In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. If you are a VAWA self-petitioner, all the grounds of inadmissibility apply to you except for:

  • Public charge (INA 212(a)(4))

  • Entry without inspection (INA 212(a)(6)(A))

 

Depending on how you entered the United States or if you committed a particular act or violation of immigration law, other grounds of inadmissibility may apply to you. If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief in your situation.

 

You can file Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. 

 

How to Apply

If you are currently in the United States and you meet certain other requirements such as an immigrant visa is immediately available to you, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.

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You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.

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If you are a VAWA self-petitioner seeking to adjust status as an immediate relative, you may file Form I-485 at any time because visas are always immediately available for immediate relatives. If you are a VAWA self-petitioner seeking to adjust under a family-based preference category, you may need to wait for a visa to become available.

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If a visa is immediately available, you may file your Form I-485:

  • Together (“concurrently”) with your Form I-360;

  • While your Form I-360 is pending; or

  • After your Form I-360 is approved (and remains valid).

 

You need to check visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.

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If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.

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If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130. If you are outside the United States, you need to do Consular Processing.

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What to Submit (Principal Applicant)

If you filed a Form I-360 as a VAWA self-petitioner, you are called the “principal applicant” when you file a Form I-485. If you are the principal applicant, you should submit the following documents and evidence to adjust status:

  • Form I-485, Application to Register Permanent Residence or Adjust Status;

  • Copy of the Form I-797, Approval Notice or Receipt, for your Form I-360 (unless you are filing Form I-360 together with your Form I-485);

  • Two passport-style photographs;

  • Copy of your government-issued identity document with photograph;

  • Copy of your birth certificate;

  • Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, for example, by mail when we request it or in person at your interview, if any);

  • Copy of your passport page with nonimmigrant visa (if applicable);

  • Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);

  • Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection admission or parole stamp on the travel document (if applicable);

 

If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

 

Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

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Confidentiality Protections

Special confidentiality protections apply to you as the VAWA self-petitioner. The law prohibits USCIS from denying your application based on information provided solely by your abuser and other prohibited sources. USCIS also cannot disclose any information about you to third parties, except in certain very limited circumstances.

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Change of Address as a VAWA self-petitioner

USCIS will not accept requests for Change of Address submitted online, mailed to USCIS Lockbox facilities, or by telephonic requests at the National Benefits Center if you apply for adjustment as a VAWA self-petitioner.

 

Family Members

If you are the unmarried child under 21 years old of a VAWA-based principal applicant, you may also be eligible to apply for a Green Card as a derivative family member of an approved VAWA self-petitioner. However, you may not file as a derivative if the principal applicant is a self-petitioning parent of an abusive U.S. citizen son or daughter.

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Eligibility Criteria for Adjustment of Status as Derivative Applicants

Each derivative applicant must file their own Green Card application and supporting documents. In order to be eligible for VAWA-based adjustment as a derivative applicant, you must meet the following requirements:

  • You properly file your Form I-485, Application to Register Permanent Residence or Adjust Status;

  • You are physically present in the United States at the time you filed your Form I-485;

  • An immigrant visa is immediately available to you;

  • None of the bars to adjustment of status apply to you;

  • You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief;

  • You are currently the principal applicant’s unmarried child under 21 years of age; and

  • You merit the favorable exercise of USCIS’ discretion.

 

Visa Availability for Derivative Applicants

If your parent is a VAWA self-petitioner and is the spouse or child of a U.S. citizen who was abusive, we consider your parent to be an immediate relative when determining whether a visa is available. You, as a derivative child, would also be considered as an immediate relative. In these cases, if there is a visa immediately available to your parent, you may submit a Form I-485 together with your parent’s Form I-485. You may also file your Form I-485 separately based on your parent’s pending or approved Form I-485.

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If your parent is a VAWA self-petitioner and is the spouse of a lawful permanent resident (LPR), you, as the derivative child, will generally have the same visa preference category and priority date as your self-petitioner parent. You can file your Form I-485 when a visa available for your preference category based on your priority date.

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ApplicantsProtections for Derivatives Who Turn 21

In certain circumstances, if you turn 21 years old, you can still be treated as a child for immigration purposes. The Child Status Protection Act (CSPA) permits certain individuals to continue to be considered as a child, even if he or she reaches the age of 21.

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If you do not benefit from the CSPA, INA 204(a)(1)(D) may allow you to adjust status in a preference category when a visa becomes available. For example, if you were a derivative of an abused parent of an LPR spouse, you will move from the child of an LPR (F2A) category to the unmarried son or daughter of an LPR (F2B) category upon turning 21 years old so long as you remain unmarried. If your parent is an abused spouse of an LPR and you were included in your parent’s VAWA self-petition as a derivative child, you keep the priority date from that filing. If INA 204(a)(1)(D) applies to you, you are able to independently apply for a Green Card without filing a new VAWA self-petition.

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What to Submit (Derivative Applicants)

If you are a derivative applicant, you should submit the following documentation and evidence to apply for a Green Card based on a VAWA self-petition:

  • Form I-485, Application to Register Permanent Residence or Adjust Status;

  • Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-360 (unless you are filing your Form I-485 together with the principal applicant’s Form I-485);

  • Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I-485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485);

  • Copy of documentation showing your relationship to the principal applicant, such as a birth certificate or adoption decree;

  • Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);

  • Two passport-style photographs;

  • Copy of your government-issued identity document with photograph;

  • Copy of your birth certificate;

  • Copy of passport page with nonimmigrant visa (if applicable);

  • Copy of passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);

  • Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection admission or parole stamp on the travel document (if applicable);

 

If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

 

Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.

 

Employment Authorization and Advance Parole Documents

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

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You may also apply for an advance parole document by filing Form I-131, Application for Travel Document. An advance parole document authorizes you to appear at a port-of-entry to seek parole into the United States after temporary travel abroad. Generally, if you have a pending Form I-485 and you leave the United States without first obtaining an advance parole document, you will have abandoned your application.

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Dear Clients,

We hope that you would understand what VAWA is. To sum up, VAWA is a special law that allows the spouse and children of an abusive U.S. citizen or lawful permanent resident to apply for a green card by self-petition. With VAWA, you can apply for a green card without the help of an abusive spouse, parent, or child.

 

If you have any questions about VAWA, please feel free to email me directly at info@lawofficeofsunahlee. I would be happy to help you.

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Thank you.

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"With our help, you can get a U visa and Green Card."

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U VISA

Victims of Criminal Activity: U Nonimmigrant Status

The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. 

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U Nonimmigrant Eligibility

You may be eligible for a U nonimmigrant visa if:

  • You are the victim of qualifying criminal activity.

  • You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

  • You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).

  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

  • The crime occurred in the United States or violated U.S. laws.

  • You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

 

Qualifying Criminal Activities

  • Abduction

  • Abusive Sexual Contact

  • Blackmail

  • Domestic Violence

  • Extortion

  • False Imprisonment

  • Female Genital Mutilation

  • Felonious Assault

  • Fraud in Foreign Labor Contracting

  • Hostage

  • Incest

  • Involuntary Servitude

  • Kidnapping

  • Manslaughter

  • Murder

  • Obstruction of Justice

  • Peonage

  • Perjury

  • Prostitution

  • Rape

  • Sexual Assault

  • Sexual Exploitation

  • Slave Trade

  • Stalking

  • Torture

  • Trafficking

  • Witness Tampering

  • Unlawful Criminal Restraint

  • Other Related Crimes*†

It may include any similar activity where the elements of the crime are substantially similar.

Also, it may include attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

 

Applying for U Nonimmigrant Status (U Visa)

To apply (petition) for a U nonimmigrant status, submit:

 

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:

  • File all the necessary forms for U nonimmigrant status with the Vermont Service Center.

  • Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.

  • If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.

  • Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.

 

Filing for Qualifying Family Members

Certain qualifying family members are eligible for a derivative U visa based on their relationship to you, the principal, filing for the U visa. The principal petitioner must have their petition for a U visa approved before their family members can be eligible for their own derivative U visa.

If you, the principal, are under 21 years of age, you may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.

If you, the principal are 21 years of age or older, you may petition on behalf of your spouse and children.

To petition for a qualified family member, you must file Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.

 

Fees to File U Nonimmigrant Status Applications U Visa Extensions

  • All U nonimmigrant status applications (petitions) and other forms related to the U petition are filed with the USCIS Vermont Service Center.

  • All U nonimmigrant status applications (petitions) are free. You may request a fee waiver for any other form that is necessary for your U nonimmigrant status application (petition) by filing a Form I-912, Request for Fee Waiver, or by including your own written request for a fee waiver with your application or petition.

 

U Visa Extensions

When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is:

  • Needed based on a request from law enforcement,

  • Needed based on exceptional circumstances,

  • Needed due to delays in consular processing, or

  • Automatically extended upon the filing and pendency of an application for adjustment (application for a Green Card).

 

U Visa Cap

  • The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.

  • If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.

  • Once additional visas become available, petitioners on the waiting list and those who have received a bona fide determination will receive their visa in the order in which their petition was received. Petitioners do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.

 

Employment Authorized Incident to Status

Principal U nonimmigrant petitioners are employment authorized incident to status, after the underlying petition for U nonimmigrant status is approved and an employment authorization document is automatically issued without filing Form I-765, Application for Employment Authorization.

 

Derivative Family Members of U Visa Petitioner

Derivative family members residing inside the United States are also employment authorized incident to status, however an employment authorization document is not automatically issued. Form I-765, Application for Employment Authorization, may be filed for a derivative to obtain an employment authorization document.

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Employment authorization for principals and derivatives can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765, Application for Employment Authorization, is filed.

Principal petitioners and derivative family members living in the United States may receive employment authorization and deferred action if the underlying pending petition is bona fide, and they meet certain discretionary standards. USCIS will issue a notice if the principal petitioner or derivative family member needs to file a Form I-765 for employment authorization associated with a bona fide determination.

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If the statutory cap is reached in a fiscal year and USCIS uses the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765, Application for Employment Authorization, based on deferred action.  An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed

 

Applying for a Green Card

You may be eligible to apply for a Green Card (adjustment of status/permanent residence) if you meet certain requirements, including:

  • You have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and

  • You have not unreasonably refused to provide assistance to law enforcement since you received your U visa.

  • To apply for permanent residence (a Green Card) for yourself or a qualifying family member, visit our Green Card for a Victim of a Crime (U Nonimmigrant) page.

  • Any qualifying family member who does not have a derivative U visa when the principal U nonimmigrant receives a Green Card is no longer eligible for a derivative U visa, but may still be eligible to apply for lawful permanent residence. 

  • For information on extending your principal U visa to ensure your family member remains eligible for a U visa, please visit the T and U visa extension memorandum (PDF, 96.74 KB).

 

Family Members Deriving Status

If the family member deriving status based on your status has met the eligibility requirements for a Green Card, they may apply for lawful permanent residence by filing their own Form I-485, Application to Register Permanent Residence or Adjust Status.

 

Even if your family members never had U nonimmigrant status or a U visa, they may still be eligible for a Green Card.

 

If the Form I-929 for your family member(s) is approved:

  • Family members in the United States may file the Form I-485 to apply for a Green Card.

  • Family members outside the United States must first visit a U.S. embassy or consulate to obtain their immigrant visa. Information for the local U.S. embassy or consulate and the procedures for obtaining a visa to enter the United States may be found at www.usembassy.gov.

  • NOTE: The Form I-929 is the form that is used to establish whether your family member is eligible to apply for a Green Card based on your U visa based lawful permanent resident status. This does not mean that your family member will receive a Green Card. Even if the Form I-929 is approved, your family member is not automatically eligible for work authorization. They are eligible to work once they have received their Green Card.

 

Fees to File Form I-929

  • All Form I-929 applications are sent to the USCIS Vermont Service Center.

  • There is a filing fee for the Form I-929. If you are unable to pay the fee, you may request a fee waiver by also filing a Form I-912, or by submitting a separate written request for a fee waiver.

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Dear Clients,

We hope that you would understand what U visa is. To sum up, you can get a U visa and get a green card later if you are a victim of serious criminal activity. 

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If you have any questions about VAWA, please feel free to email me directly at info@lawofficeofsunahlee. I would be happy to help you.

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Depending on your income and situation, we may provide a free service or very low-cost legal help.

Here are just a few of the individuals and organizations we donate our services to:

  • Residents of Human Options, a shelter for battered and abused women and children

  • Victim of Serious Crimes

  • Immigrant children and other foreign-born individuals who need humanitarian help

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Please contact us now to learn how we may help you.

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Thank you.

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