Embarking on the journey to secure U.S. residence under the Violence Against Women Act (VAWA) presents a dual challenge. You must navigate the paperwork, including the self-petition on Form I-360, and compile compelling evidence to support your VAWA eligibility. This guide will help you understand the essentials needed for your VAWA claim if you are married to an abusive U.S. citizen or lawful permanent resident (LPR). We’ll cover the necessary documents, your declaration, and other key aspects of your identity and relationship that need to be proven.
Safety and Privacy Considerations for Victims
Before diving into the specifics of your VAWA case, it’s crucial to address safety and privacy considerations. Your journey toward justice starts with ensuring your safety and confidentiality, especially in our digital age where technology can expose you to your abuser.
Protect Your Digital Footprint:
Be cautious when seeking help online or over the phone. Shared devices, networks, or phone plans with your abuser could allow them to track your online activity. Assume that your actions might be monitored.
Watch for Tracking Devices:
In extreme cases, abusers might use physical tracking devices. Stay vigilant, and seek professional help if you suspect such devices.
Seek Support:
Organizations like the National Domestic Violence Hotline and RAINN can help you while safeguarding your privacy. Check out our Resources for Victims of Crime section for more assistance.
Essential Evidence for Your VAWA Self-Petition
To successfully submit Form I-360, the “Petition for Amerasian, Widow(er), or Special Immigrant,” you need to gather a robust set of evidence. Here are the key elements:
Personal Declaration for VAWA Self-Petition
This is your sworn statement detailing your relationship with the abusive U.S. citizen or LPR and proving your eligibility for VAWA relief. Start with, “I swear under penalty of perjury that the following is true and correct to the best of my knowledge.”Include:
- How you met the abuser, your relationship’s development, and reasons for marriage.
- Detailed accounts of the abuse you faced, including dates and specific instances.
- Evidence of your good moral character, like volunteering, religious activities, and community involvement.
- Police Clearance Records and Evidence of Good Moral Character
- Obtain police clearance records from places you’ve lived for at least six months over the past three years to demonstrate your good moral character.
- Include signed declarations from friends and family attesting to your good character and evidence of community involvement.
- Proof of Your Identity
- Provide copies of your birth certificate and/or passport to establish your identity.
Proof of Your Abuser’s Status (U.S. Citizen or Green Card Holder)
- U.S. Citizen Abuser: Submit a copy of their birth certificate, U.S. passport, or certificate of naturalization. If they filed a USCIS Form I-130 petition for you, include that and any related USCIS documents.
- Green Card Holder Abuser: Provide a copy of their green card or other immigration documents.
Proof of Your Valid Marital or Parent-Child Relationship
- Spouse: Submit your marriage certificate. If previously married, include proof of legal termination of the previous marriage.
- Intending Spouse: If the abuser had a hidden prior marriage, prove your belief that you entered a bona fide marriage.
- Parent: Provide your birth certificate.
Demonstrate your marriage was in good faith, not for immigration purposes, with evidence like children’s birth certificates, shared financial accounts, and declarations from friends and family.
Proof That You Lived With a U.S. Citizen or LPR Abuser
Show you lived with the abuser with documents like leases, utility bills, school records, tax returns, and pay stubs listing both your names at the same address. Declarations from friends and family can also help.
Proof That You Suffered Abuse by a U.S. Citizen or LPR Include:
- Police reports, restraining orders, and court records related to the abuse.
- Medical records if you sought treatment due to abuse.
- Counseling or shelter records.
- Emotional or psychological abuse also qualifies under VAWA, termed “extreme cruelty.” Records of counseling sessions or prescribed medication due to abuse and declarations from witnesses strengthen your case.
Common misconceptions about VAWA (Violence Against Women Act) eligibility can lead to confusion and deter potential applicants from seeking the help they need. Here are some of the most prevalent myths:
What are the common misconceptions about VAWA eligibility
1. Only Women Can Qualify for VAWA
- Reality: While VAWA was initially designed to protect women, it is not limited to them. Men, children, and parents of U.S. citizens or lawful permanent residents can also file for protection under VAWA.
2. Abuse Must Be Physical
- Reality: Many believe that only physical abuse qualifies for VAWA. However, the law recognizes various forms of abuse, including emotional, psychological, sexual, financial, and verbal abuse. Victims do not need to have experienced severe physical harm to qualify.
3. A Police Report Is Required
- Reality: While having a police report can support a VAWA application, it is not a mandatory requirement. Victims can apply without having reported the abuse to law enforcement.
4. You Must Be Currently Married to Your Abuser
- Reality: Individuals can still qualify for VAWA if they have been divorced from their abuser within the last two years. This means that even those who are no longer in a relationship with their abuser may still seek relief.
5. USCIS Will Contact Your Abuser
- Reality: There is a misconception that USCIS will inform the abuser about the petition. In reality, VAWA applications are confidential, and it would be illegal for USCIS to contact the abuser regarding the petition.
6. You Need Photos to Prove Abuse
- Reality: Many think that photographic evidence is necessary to demonstrate abuse. However, this is not true; various forms of evidence can be submitted to show that extreme cruelty occurred, including personal declarations and witness statements.
7. If My Petition Is Denied, I Will Be Deported
- Reality: While a denial can lead to complications, it does not automatically result in deportation if the applicant has been truthful in their petition. Legal representation can help navigate potential outcomes and mitigate risks associated with denial.
Creating a strong evidence package for your VAWA self-petition is crucial. This process is intricate and significant, requiring precision. To maximize your chances of success, consider seeking help from an experienced attorney familiar with VAWA cases. Your pursuit of lawful permanent residence in the U.S. is a journey toward justice and safety, starting with the evidence you present.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your VAWA Self-Petition application straightforward and successful. Whether you’re applying for a Special Immigrant Juvenile Status or Family-based visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
