The Violence Against Women Act (VAWA) allows immigrant, battered by their U.S. spouses to petition for legal status in the United States without relying on their abusive U.S. citizen or legal permanent resident spouses, or on their parents or children to sponsor their Adjustment of Status applications. The purpose of VAWA is to allow victims the opportunity to "self-petition" or independently seek legal immigration status in the U.S. without the assistance of their U.S. citizen or lawful permanent resident, family member

Eligibility for Self-Petition

To qualify for a VAWA-related visa as a battered spouse, you will need to demonstrate that:

• You are/were married to an abusive US citizen or permanent resident. If you have divorced your partner, you have 2 years after the divorce to file for an immigration visa.

• You were living in the US when the abuse occurred (this may be waived if your partner works for the US government or military)

• You or your children have experienced abuse or extreme cruelty within the marriage.

• You entered the marriage in good faith, not just to obtain legal immigrant status

• You are a person of good moral character

Once a VAWA self-petition is approved, the immigrant victim may next file an Adjustment of Status application directly to become a lawful permanent resident (green card holder). Escaping an abusive situation is difficult emotionally, financially, and legally - especially when immigration law is involved. You are strongly advised to document every aspect of the above qualifying elements. Indeed, preparing a VAWA abuse case, especially if it does not involve physical abuse can be a daunting task. VAWA petitions, if necessary, can be filed during or before removal proceedings.

It is vital to a successful application that you seek review and assistance of legal counsel. Teplen & Associates, PLLC has extensive experience in VAWA applications.