How To Become Eligible For A Green Card As A VAWA Self-Petitioner
The Violence Against Women Act (VAWA) is U.S. legislation drafted to combat violence against women. It aims to protect women who suffer from domestic and dating abuse and improve criminal justice.
Under this federal legislation, one may obtain legal permanent residency (Green Card) in the U.S. if they were the victim of battery committed by a U.S. citizen. The citizen could be their spouse, former spouse, parent, child, or a lawful permanent resident (LPR) parent or spouse.
It’s possible to file a self-petition under VAWA for Amerasian, Special Immigrant (Form I-360), or Widow (er) without the consent of your abusive family member. If the self-petition is approved, you might be eligible to become a LPR. Foreign nationals in the U.S. wanting to apply for LPR status as VAWA self-petitioner have to know about Adjustment of Status.
How To Become Eligible For a Green Card as a VAWA Self-Petitioner
After becoming eligible for Adjustment of Status, you can apply for a Green Card as a VAWA self-petitioner. In order to do that, you must meet certain requirements. These include properly filing Form I-485, Application to Register Permanent Residence of Adjust Status, being physically present within the States when filing the form, and being eligible to receive a U.S. immigrant visa.
Others include having an immigrant visa available to you when filing the form. You should also have the visa immediately available when the USCIS processes your application. To apply, you should be admissible to the U.S. for LPR and be eligible for a form of relief such as a waiver of inadmissibility.
- Eligibility For Immigrant Visa
You can become eligible for an immigrant visa if your VAWA self-petition is approved (Amerasian, Widow (er), Form I-360-Special Immigrant), if a previously filed petition is still pending, or when a VAWA self-petition is filed simultaneously with Form 1-485 and is ultimately approved.
Bars to Adjustment of Status
You may be barred from adjusting your status if you’ve committed a violation of the U.S. immigration law or entered the country illegally. Note that VAWA self-petitioners, as well as beneficiaries, are exempt from being barred to adjustment.
Grounds of Inadmissibility To The U.S.
In order to qualify for a Green Card, you need to be admissible to the United States. There are various reasons for inadmissibility as listed in INA 212 (a). These are termed grounds of inadmissibility. As a VAWA self-petitioner, you are exempt from all the mentioned grounds of inadmissibility except for public charge and entry without inspection.
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