Victims of domestic violence may be counseled by an attorney to either apply for a U Visa and/or to submit a VAWA Petition.
Although both petitions may appear very similar the qualifications for a petitioner to qualify for VAWA are slightly different than those for a U Visa petition. While you may be eligible for both its up to you and your attorney to decide which avenue you would like to proceed with. A major distinction amongst the two forms of reliefs is that for a U Visa you do not need to be related to the abuser.
You may be eligible to obtain lawful status through a VAWA self-petition if:
- Your spouse is a U.S. citizen or lawful permanent resident and has abused you;
- Your spouse is a U.S. citizen or lawful permanent resident and has abused your child;
- You are a child (under 21 years old and unmarried) of a U.S. citizen or lawful permanent resident who has abused you; OR
- You are the parent of a U.S. citizen who has abused you.
Please Note: That victims of domestic violence who are not married to the abuser, or who have been abused by a spouse who is not a U.S. citizen nor a lawful permanent resident, are not eligible to self-petition under VAWA.
In addition to meeting the abusive relationship requirement e you must meet all additional requirements listed below if you are self-petitioning as the spouse of an abusive US citizen (USC) or legal permanent resident (LPR):
- Marriage to a USC or LPR: You must meet one of the following:The marriage was a good faith marriage:*1 You married in good faith and not only to obtain immigration benefits.
- be married to a USC/LPR
- your USC spouse (not LPR) died within the past 2 years;
- your USC/LPR spouse lost his/her citizenship or residency within the past two years related to an incident of domestic violence;
- you believed that you married a USC/LPR and a marriage ceremony was performed but you later found out that your marriage was not valid because your spouse was committing bigamy (s/he was already married when s/he “married” you); or
- you were divorced from your USC/LPR spouse within the past two years and you can show a connection between the abuse that you suffered and the divorce. INA § 204(a)(1)(A)(iii), INA § 204 (a)(1)(B)(ii)
- Battery or extreme cruelty: During your marriage, your USC/LPR spouse must have battered (physically abused) you or your child or subjected you or your child to “extreme cruelty.”INA § 204(a)(1)(A)(iii)(I)(bb)
- Extreme cruelty is any form of power and control, including but not limited to, the following:You must have lived with the abuser at some point; INA § 204(a)(1)(A)(iii)(II)(dd) and
- being a victim of any act or threatened act of violence, including any forcible detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, forced prostitution, and acts that may not appear violent but are part of a pattern of violence.8 CFR § 204.2(c)(1)(vi)
- You must have been abused in the United States, or if you were solely abused abroad, then your spouse must have been an employee of the US government or a member of the US uniformed services (the military).INA § 204(a)(1)(A)(v)
- You must have lived with the abuser at some point INA § 204(a)(1)(A)(iii)(II)(dd)
- You are a person of “good moral character.”INA § 204(a)(1)(A)(iii)(II)(dd)
Please Note: That the petitioner will need to provide a personal declaration.
The declaration must include
- detailed declaration describing your relationship with the abuser and other details of your eligibility for VAWA. This should begin with the statement “I swear under penalty of perjury that the following is true and correct to the best of my knowledge
- details about how you met the abuser and how your relationship developed. It should discuss when you first met, how your relationship developed, and why you married the abuser. It should also discuss the types of abuse you suffered and when each instance of abuse occurred. It is best to include as many details, including dates, as possible.
- should include a discussion of things that you do that show you are a good person. In order to qualify under VAWA, you need to show that you are a person who has "good moral character." For instance, if you volunteer, regularly go to church, temple, or mosque, support a family, or take part in other community activities, these will help show your good moral character.
