Commonly Asked Questions in VAWA Cases

What is a VAWA (I-360) Case?

VAWA, or the Violence Against Women Act, is a federal law that provides protections for immigrants who have been subjected to domestic violence. An I-360 form, which can be filed with U.S. Citizenship and Immigration Services (USCIS), allows abused immigrants to self-petition for lawful permanent resident status in the United States.

What Forms Do I Need?

To file an I-360 petition, you will need to submit several forms, including Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, affidavits, and a filing fee of $535. It is important to complete all forms correctly and ensure that all required information is included in your application.

Can a Man File a VAWA Petition?

Yes, men can file a VAWA petition if they have been subjected to domestic abuse from their spouse or parent who is either a U.S. citizen or lawful permanent resident.

Do I Have to Remain Married to an Abusive Partner Until My Form I-360 is Approved?

No, you do not have to remain married until your Form I-360 is approved by USCIS. However, it may be beneficial for the success of your application if you are able to provide evidence of the marriage throughout the process.

Can a Divorced Spouse Seek Relief By Filing a Form I-360?

Yes, even if you are divorced from an abusive partner who was a U.S. citizen or lawful permanent resident at the time of your divorce, you may still be eligible for relief under VAWA if you meet all other requirements of this law (including establishing battery/extreme cruelty).

Do I Qualify for VAWA if I Was Not Physically Abused?

Yes — under certain circumstances. USCIS may consider other types of abuse such as emotional distress caused by threats of deportation or financial abuse in determining eligibility for VAWA relief. It is important to speak with an attorney about your specific case if you believe you qualify for relief but were not physically abused by your partner.

Will I Have to Go To An Interview For My VAWA Case?

In some cases, USCIS may require applicants to appear in person for an interview before making a final decision on their case. However, most applicants are able to avoid this step because applications are typically adjudicated based on documents submitted without requiring additional information from an applicant during an interview process.

Can I File A VAWA Petition If My Abuser Has A Temporary Visa Or No Legal Status?

You may still be eligible for relief under VAWA even if your abuser has only temporary legal status or no legal status at all. However, it will depend on the specific facts of your case, and it is important that you consult with an experienced immigration attorney regarding this issue before deciding whether filing an application would be beneficial in your particular situation.

Can My VAWA Petition Be Denied?

Yes – it’s possible that USCIS could deny your petition due to insufficient evidence provided with regard to either physical battery, extreme cruelty, or substantial harm caused by other types of abuse. While it’s never guaranteed that any petition will be approved, regardless of how well documented an individual case may seem, having professional assistance throughout the process can help increase chances significantly.