Understanding VAWA and Its Importance for Spouses, Children, Parents
The Violence Against Women Act (VAWA), enacted in 1994 and subsequently reauthorized, was designed to protect victims of domestic violence, including spouses, children, and parents of U.S. citizens and lawful permanent residents.
VAWA allows victims to file an independent self-petition for immigrant classification without the abuser’s knowledge, consent, or participation. This process, known as VAWA self-petitioning, provides a pathway to safety, independence, and legal residency.
Who Can File a VAWA Self-Petition?
1. Abused Spouses:
- You are, or were, the spouse of a U.S. citizen or lawful permanent resident spouse.
- You can also file if your child was abused by your U.S. citizen or permanent resident spouse.
- Unmarried children under 21 can be included in your petition if they haven’t filed separately.
2. Abused Children:
- You are under 21, unmarried, and have been abused by your U.S. citizen or permanent resident parent.
- Children between 21 and 25 may file if they can prove the abuse delayed their filing.
- Your own children can be included in your petition.
3. Abused Parents:
You are the parent of a U.S. citizen son or daughter who is 21 years or older and have been abused by them.
Legal Framework and Statutory Background
VAWA provisions are found under:
- Section 204(a)(1)(A)(iii) of the Immigration and Nationality Act (INA) for spouses of U.S. citizens.
- Section 204(a)(1)(B)(ii) for spouses of LPRs.
The requirements are nearly identical, differing mainly in the citizenship status of the abusive spouse.
Eligibility Requirements for VAWA Self-Petitioners
To qualify for a VAWA self-petition, you must demonstrate:
- Qualifying Relationship:
- Spouse, intended spouse, or former spouse of an abusive U.S. citizen or permanent resident.
- Child of an abusive U.S. citizen or lawful permanent resident.
- Parent of an abusive U.S. citizen aged 21 or older. The VAWA self-petitioning process allows these individuals to file Form I-360, detailing the statutory requirements and procedures for obtaining immigration relief.
- Proof of Abuse:
- Evidence of battery or extreme cruelty during the qualifying relationship.
- Residency:
- Proof that you reside or have resided with the abuser.
- Good Moral Character:
- Demonstrate you have good moral character.
- Marriage in Good Faith (for spouses):
- Proof that the marriage was genuine and not solely for immigration benefits.
Special Circumstances
You may still be eligible if:
- The abuser lost or renounced their U.S. citizenship or lawful permanent resident status due to domestic violence.
- The abusive relative died within two years of filing.
- You believed you were legally married, but the marriage was invalid due to the abuser’s bigamy.
Adopted children subjected to abuse do not need to meet the usual two-year residency requirement.
Living Outside the U.S.?
You must prove one of the following:
- The abuser is a U.S. government employee.
- The abuser serves in the U.S. armed forces.
- At least some of the abuse occurred in the U.S.
Filing a VAWA Self-Petition
Documents You Need:
- Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant. (No fee required for VAWA self-petitioners)
- Supporting Evidence: Proof of abuse, relationship, residency with the abuser, and good moral character.
- Derivative Beneficiaries Documentation: For children under 21, include proof of their age and relationship.
Building Your I-360 VAWA Case
If you’re seeking lawful permanent residence under the Violence Against Women Act (VAWA), it’s crucial to provide detailed evidence alongside your Form I-360 self-petition.
Understanding VAWA Eligibility Requirements
Before diving into the evidence requirements, ensure you meet the basic eligibility criteria for VAWA:
- You are married to or the child/parent of an abusive U.S. citizen or lawful permanent resident (LPR) or lawful permanent resident spouse.
- You suffered abuse or extreme cruelty.
- You lived with the abuser.
- You are of good moral character.
- You currently reside in the United States.
For more details on eligibility, click here.
Understanding the Spousal Relationship
Your relationship to the abusive spouse plays a crucial role in your petition:
- Still Married: You can file if you’re still legally married to your abuser.
- Divorced: If your marriage ended within the last two years due to abuse, you’re still eligible.
- Widowed: If your U.S. citizen spouse passed away within the last two years, you can file.
- Loss of Status: If your spouse lost their citizenship or LPR status due to domestic violence, you can still petition.
Note: These rules apply to spouses of U.S. citizens and LPRs, though widowed LPR spouses are not covered under the same protections.
Proving Abuse: What Counts as Battery or Extreme Cruelty?
Under 8 C.F.R. 204.2(c)(1)(vi), abuse includes:
- Physical Violence: Any act or threat of violence causing physical harm.
- Psychological Abuse: Threats, intimidation, or manipulation causing emotional trauma.
- Sexual Abuse: Includes rape, molestation, or forced prostitution.
Evidence of Abuse Can Include:
- Police Reports
- Medical Records
- Court Orders of Protection
- Affidavits from Witnesses
- Photographs of Injuries
For more information, visit USCIS’s VAWA Resources.
Application Process: Step-by-Step Guide to Filing Form I-360
- Gather Documentation:
- Proof of Marriage: Marriage certificate and divorce decrees (if applicable).
- Evidence of Abuse: Police reports, medical documents, affidavits, etc.
- Proof of Residency: Utility bills, rental agreements, or joint financial documents.
- Good Moral Character: Personal affidavit and police clearance certificates.
- Complete Form I-360: Download from the USCIS website.
- Submit Your Petition: Mail your completed form and supporting documents to the appropriate USCIS Lockbox Facility.
- Receive Prima Facie Determination: USCIS may issue a prima facie notice if your initial evidence is sufficient, allowing access to certain public benefits.
- Approval & Next Steps: Once approved, you can apply for adjustment of status (Form I-485) if an immigrant visa is available.
Demonstrating Extreme Hardship
You must prove that removal from the U.S. would cause extreme hardship to you or your children. This could include:
- Medical Needs: Lack of necessary healthcare in your home country.
- Educational Disruption: Negative impact on your children’s education.
- Safety Concerns: Threats of violence if you return to your home country.
Including Children as Derivatives
If you have children under 21 years old who are unmarried, they can be included as derivatives on your petition. If they turn 21 during the process, they retain their original filing date.
Adjudication & Appeals
- Approval: After approval, you may proceed with applying for permanent residency.
- Denial: If your petition is denied, you have the right to appeal the decision.
Essential Evidence for Form I-360 Self-Petition
To strengthen your VAWA case, include the following documents:
- Personal Declaration: A detailed, sworn statement describing your relationship and the abuse you experienced.
- Police Clearance Records: Proof of your good moral character.
- Proof of Identity: A copy of your passport or birth certificate.
- Proof of Abuser’s Status: Documents showing the abuser is a U.S. citizen or LPR.
- Proof of Relationship: Evidence confirming you are the abuser’s spouse, child, or parent.
- Proof of Cohabitation: Documentation that you lived with the abuser.
- Proof of Abuse: Medical records, police reports, or witness statements.
- Proof of Current Residence: Evidence showing you currently live in the U.S.
Include a cover letter summarizing the evidence you’re submitting.
Drafting Your Personal Declaration
Start your declaration with: “I swear under penalty of perjury that the following is true and correct to the best of my knowledge.”
Key Elements to Include:
- Relationship Timeline: Describe how you met the abuser, how your relationship evolved, and why you married or lived with them.
- Details of Abuse: Specify the types of abuse (physical, emotional, psychological) and provide dates and examples.
- Good Moral Character: Highlight your community involvement, family responsibilities, volunteer work, and religious activities.
- Missing Evidence Explanation: If you lack certain documents, explain why in your declaration.
Tip: Be as detailed as possible—specific dates, locations, and events strengthen your case.
Proving Good Moral Character
Documents to Submit:
- Police Clearance Records: Obtain records from every place you’ve lived for six months or more in the past three years.
- Personal References: Signed letters from friends, family, or community leaders attesting to your character.
If you have a criminal record, consult an immigration attorney. You may still qualify if you can demonstrate the crime was linked to the abuse, as established in Da Silva v. Attorney General.
Proof of Identity
Submit copies of:
- Passport
- Birth Certificate
If unavailable, alternative identification documents may be accepted with an explanation.
Proving the Abuser’s Status
For U.S. Citizens:
- Birth certificate, U.S. passport, or naturalization certificate.
- USCIS Form I-130 receipt or approval notice if they previously filed for you.
For Green Card Holders:
- Copy of their green card.
- USCIS Form I-130 receipt or approval notice.
If You Lack Documentation:
- File a Freedom of Information Act (FOIA) request with USCIS.
- Provide affidavits from friends or family confirming the abuser’s status.
- Request USCIS to verify internal records and include a sworn statement explaining why documents are unavailable.
Proof of Relationship
If You’re a Spouse:
- Marriage certificate.
- Evidence of previous marriage dissolutions (death certificates, divorce decrees).
If You’re a Child or Parent:
- Birth certificates.
Evidence of a Good Faith Marriage:
- Photos, joint bank accounts, shared leases, or property ownership.
- Birth certificates of children, shared insurance policies, or joint tax returns.
- Letters, emails, and affidavits from friends and family.
For Intending Spouses:
- Evidence of genuine belief in a valid marriage (wedding photos, invitations).
Proof of Cohabitation
Submit documents showing you lived with the abuser, such as:
- Leases, utility bills, or phone bills with both names.
- Children’s school records listing both parents.
- Joint tax returns, pay stubs, or insurance policies.
- Affidavits from friends or family confirming cohabitation.
Proof of Abuse
Physical Evidence:
- Police reports, restraining orders, or court documents.
- Medical records from doctors or hospitals.
- Photos of injuries.
Emotional/Psychological Abuse:
- Records from therapists, counselors, or domestic violence shelters.
- Prescriptions for medication related to abuse.
Witness Statements:
- Signed affidavits from friends, family, or neighbors who witnessed the abuse or to whom you confided.
Safety and Privacy Considerations
When preparing your VAWA petition, prioritize your safety and privacy:
- Device Security: Be cautious when using shared devices or networks, as abusers might monitor your activities.
- Clearing History: Regularly delete your browser and call history.
- Support Resources: For help with internet privacy and safety, contact the National Domestic Violence Hotline or RAINN.
What Happens After Approval?
- Immigrant Classification: Approval of Form I-360 gives you the classification needed to apply for lawful permanent residence (Green Card).
- Adjustment of Status (Green Card Application):
- If in the U.S.: File Form I-485 for adjustment of status when a visa is available.
- If outside the U.S.: Your case will be processed through consular channels.
- Employment Authorization:
- Request an Employment Authorization Document (EAD) by checking the box on Form I-360.
- If not requested initially, file Form I-765 after approval.
- Derivative children can also apply for work permits.
Public Benefits for VAWA Petitioners
As a VAWA self-petitioner (spouse or child) or derivative beneficiary, you qualify as a “qualified alien” eligible for certain federal and state benefits. This includes:
- Health services
- Housing assistance
- Educational support
However, abused parents of U.S. citizens are not eligible for public benefits as “qualified aliens.”
Proof of Eligibility: USCIS issues a Notice of Prima Facie Case (NPFC), which can be used to access public benefits while your petition is processed.
Interview Process
USCIS may require an interview to:
- Verify eligibility
- Ensure program integrity
- Discuss adjustment of status eligibility
Important:
- Interviews are conducted at the nearest USCIS field office.
- Officers use trauma-informed techniques to ensure a safe environment.
- Missing your interview could result in petition denial.
Frequently Asked Questions (FAQs)
General Information
Eligibility Criteria
Application Process
After Filing
Complex Scenarios & Less Common Questions
Legal and Practical Considerations
Getting Legal Help
Preparing a strong VAWA self-petition can be challenging. Consider hiring an experienced immigration attorney to guide you through the process. If you have a low income, you may qualify for free or low-cost legal assistance:
- American Immigration Lawyers Association (AILA)
- Legal Aid Organizations
- National Domestic Violence Hotline
Resources and Support
- National Domestic Violence Hotline: Call 800-799-SAFE (7233) or 800-787-3224 (TTY) for immediate support.
- USCIS VAWA Information: Official information on VAWA applications.
- Visa Bulletin: Check visa availability and priority dates.
- USCIS VAWA Information
- Freedom of Information Act Requests
- National Domestic Violence Hotline
- RAINN
Useful Forms and Links
- Form I-360: Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-765: Application for Employment Authorization
- Form I-485: Application to Register Permanent Residence or Adjust Status
Need More Information?
For case inquiries, updates, or address changes:
- Visit the USCIS Contact Page
- Refer to Change of Address Procedures for VAWA-related filings.
For detailed policy guidelines, refer to the USCIS Policy Manual on VAWA.
- Filing for Children of Abusive U.S. Citizens or LPRs
- Filing as a Parent of an Abusive U.S. Citizen
- VAWA Cancellation of Removal
More Resources for VAWA Self-Petition
- VAWA History & Regulations
- Evidentiary Protections and Confidentiality
- VAWA Self-Petition Policy Updates
- VAWA Legislation and Statutes
- VAWA Overview/VAWA Reauthorization Acts
- Eligibility for VAWA Self-Petitions
- Proof of Abuser USC or LPR Status
- Good Faith Marriage
- Shared Residence
- Battery or Extreme Cruelty
- Amicus Brief on Extreme Cruely
- Good Moral Character
- AAO Decisions
- VAWA Forms and Instructions
- VAWA Resources/Filing a VAWA Case
- VAWA Adjustment of Status
- Advisories & Articles on VAWA Adjustment of Status
- Legislation/Memos on VAWA Adjustment of Status
- Checklists/Templates for VAWA Adjustment of Status Case Law on VAWA Adjustment of Status
VAWA History & Regulations
VAWA Preamble (March 26, 1996)
This interim rule amends the Immigration and Naturalization Service regulations on: Petition to classify alien as immediate relative of a United States citizen or as preference immigrant; Self-petitioning for certain battered or abused spouses and children.
First INS VAWA Memo (April 16, 1996)
Implementation of the Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents.
This is the first government memo on self-petitioning, so changes in the law may have affected some of it, but the information on annulments (p. 6) and transferring previous priority dates (p. 2) is still valid and helpful.
VAWA Legislative History: Congressional Record (October 11, 2000)
See several new provisions incorporated in this document, their proper interpretation and administration.
VAWA 2000: P.L. 106-386 1502(a) Findings and Purposes (October 28, 2000)
VAWA 2000: An Act to combat trafficking in persons, specially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.
USCIS, Immigrant Waivers: Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers (Apr. 28, 2009)
Evidentiary Protections and Confidentiality
This first INS memo on the special confidentiality provisions and protections against using information from abusers remains the best government document on this issue. Read along with 8 USC 1367 and other documents in this section.
ICE 384 Memo (January 22, 2007)
This ICE memo provides interim guidance concerning the expanded confidentiality protections of the VAWA 2005 and the legislation’s requirements that ICE issue a certificate of compliance in certain circumstances.
8 USC 1367 Violation Reporting (March 2011)
This document contains information regarding to penalties for disclosure of information relating to battered or abused immigrants as well as use of information obtained from batterers and their families. It also provides contact information to report violation of VAWA confidentiality.
VAWA Self-Petition Policy Updates
VAWA Practice Advisory: VAWA Self-Petition Policy Updates (June 2022)
ASISTA, Immigrant Legal Resource Center (“ILRC”), and Catholic Legal Immigration Network, Inc. (“CLINIC”) co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates.
Click here to access the Executive Summary: VAWA Self-Petition Policy Updates (June 2022)
Click here to download the practice advisory in Word version.
This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
VAWA Legislation and Statutes
Immigration and Naturalization Act
Link to USCIS page with the Immigration and Naturalization Act (INA).
ASISTA Chart: VAWA-Based Adjustment of Status: Inadmissibility Waivers & Exceptions (Nov. 2024)
VAWA self-petitioners applying for adjustment of status must be admissible or eligible for an exception or waiver. This resource illustrates which grounds of inadmissibility have exceptions and waivers that may be available to a self-petitioner applying for adjustment, with explanations of current USCIS policy.
This policy memorandum (PM) applies to and will be used to guide referrals and the issuance of NTAs by all USCIS employees, unless otherwise specifically provided in this PM or other USCIS policy or guidance documents.
This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.
Click here to access the NTA Practice Update, June 2019:Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases.
These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.
This memo applies to certain abused spouses who were last admitted to the United States under non-immigrant visa holders, and may obtain employment authorization under INA section 106 for a period of 2 years.
USCIS Policy Memorandum: VAWA Amendments to the Cuban Adjustment Act (July 29, 2016)
The amendment of this memo provide for continued eligibility for adjustment of status under section 1 of the CAA for an abused spouses or child of a qualifying Cuban principal.
This memo provides guidance to USICS officers in adjudicating VAWA cases, filed by a self-petitioning adopted child, when the adopted child has been battered or abused.
USCIS Policy Memorandum: Request for Evidence and Notices of Intent to Deny (Junes 3, 2013)
The purpose of this policy memorandum (PM) is to clarify the role of Requests for Further Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. It revised Chapter 10.5(a) of the Adjudicators’ Field Manual (AFM)- AFM Updated AD12-04.
USCIS Draft Policy Memorandum EAD VAWA (December 12, 2012)
This policy memorandum (PM) provides guidance to USCIS officers regarding an amendment to the that provides eligibility for employment authorization to the beneficiary of an approved VAWA self-petition.
This PM revises Adjudicators’ Field Manual (AFM) Chapters 21.14(I) and 30.13 (AFM Update AD07-16). The guidance contained in the PM will become effective, in advance of regulatory amendment, once the new information collection is approved by the Office of Management and Budget.
This policy memorandum (PM) provides guidance on VAWA self-petitions for “children” who file between age 21 and 25.
This policy memorandum (PM) details the revision to the Adjudicators’ Field Manual (AFM) Chapter 21.15 (AFM Updated AD 06-32).
USCIS Policy Memorandum: Revocation of VAWA-Based-Self-Petitions (Forms I-360)(December 15, 2010)
This policy memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
This policy memorandum (PM) offers information regarding Reapplication of Admission and Adjustment of Status after a prior Removal Order or inadmissibility under section 212 (a)(9)(C)(i)(II).
This policy memorandum (PM) details USCIS revisions and regulation on unlawful presence and inadmissibility under section 212(a)(9)(B) and (C).
USCIS Memorandum: Revised Guidance for Child Status Protection Act (CSPA) (May 6, 2008)
This memorandum guidance significantly modifies a prior interpretation of certain provision under CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who age out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residency.
Under certain circumstances, this guidance also permits those individuals who were previously denied for CSPA to file motions to reopen or reconsider without filing fee. It also explains what steps certain aliens who do not automatically benefit from the CSPA can take to protect their status as a child.
USCIS Fact Sheets on VAWA Self-Petitioners (April 21, 2008)
This memorandum offers guidelines and clarification on matting the “extreme hardship”, “battered or subjected to extreme cruelty”, and “credible evidence” under VAWA.
This memo offers information on the policy allowing adjustment of status to VAWA petitioners who do not have “inspection and admission or parole” status.
ICE memo focusing on confidentiality, determining admissibility or deportability solely by information from people involved in the battery or extreme cruelty, etc.
USCIS Interoffice Memorandum: Disposition of Cases Involving Removable Aliens (July 11, 2006)
This is one of the several memoranda discussing CIS discretion to not place non-citizens in removal proceedings in certain circumstances, including VAWA (p. 2) (but read the whole memo). Read along with other documents in this section.
USCIS Interoffice Memorandum: Legal and Discretionary Analysis for Adjudication (May 3, 2006)
Reminder for USCIS adjudicators to follow the typical approach of law enforcement checks, legal analysis, waivers, with special attention to discretionary analysis.
This is an amendment allowing self-petitioning eligibility for spouses and children of abusive U.S. Citizens or Legal Permanent Residents if the abuser lost his or her status “related to” or “due to” domestic violence during the two-year period immediately preceding the petition.
Clarification that individuals who obtained lawful permanent residence by an approved waiver of the joint filing requirement under section 216 (c)(4)(C) of the INA are also eligible for naturalization under section 319(a).
The purpose of this memorandum is to inform U.S. Citizenship and Immigration Services (USCIS) adjudicators at the Vermont Service Center (VSC) of the change of the law concerning determination of good moral character made in connections with VAWA-based self-petitions (Form I-360).
This memorandum on good moral character should be read along with its two attachments and accompanying notes, and the ASISTA newsletter article on good moral character from fall 2008, located below.
DOJ-INS Memorandum: Revocation of VAWA-Based Self-Petitions (I-360s) (August 5, 2002)
This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.
This first attachment to the good moral character memo provides a chart of various statutory bars to establishing good moral character and whether they are “waivable” for purposes of overcoming good moral character problems for VAWA self-petitioners. CIS has acknowledged that its reference to 212(a)(9)(A) is no longer statutorily accurate; that bar applies to bigamy at 212(a)(10), not prior removals at (9)(A).
Attachment 2 to previous Memo: Authorities Affecting False Testimony Determinations (January 2005)
This second attachment to the good moral character memo discusses the standards for the good moral character bar based on false testimony. Please not that the only false USC claim that IS a bar to GMC is a false claim to vote.
General false claims to USC are NOT a GMC bar but implicates the “residual” GMC category. CIS agrees with this approach, so to the degree that this memo implies otherwise, it is legally inaccurate.
The purpose of this memorandum is to provide guidance to U.S. Citizenship and Immigration (CIS) personnel concerning these tow laws.
This memo is issued in order to provide guidance in the adjudication of application for Naturalization (Form N-400).
DOJ-INS Memorandum: Revocation of VAWA-Based Self-Petitions (I-360s) (August 5, 2002)
This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.
DOJ-INS Memorandum: Unlawful Presence and Authorized Periods of Stay (June 12, 2002)
This memo provides a list of situations in which a person would qualify for an authorized period of stay, temporary protected status (TPS), or deferred enforced departure (DED).
This memo states that is the self-petitioner can demonstrate that the divorce from the abusive spouse is connected to the battering or extreme mental cruelty and the self -petitioner files his/her self-petition within two years of the divorce, that self-petition should not be denied on the grounds that a legal marriage no longer exists.
INS Paul Virtue Memo on Any Credible Evidence Standard and Extreme Hardship Factors (10/16/1998)
This old memo has excellent language near the end on the “any credible evidence” standard — “documentary requirements”– and why it exists.
The discussion of “extreme hardship” is no longer relevant to VAWA self-petitions but may be helpful to those seeking VAWA cancellation, where that requirement still exists. Click here to see the Paul Virtue Memo on Any Credible Evidence Standard and Extreme Hardship in word version.
Some of this second INS memo on self-petitioning has been supplanted by subsequent statutory changes, but the actions on what CIS districts are supposed to do (pages 6-7) and the prima facie/public benefit system (pages 4-5 and attachments) are still valid and helpful.
This is the first government memo on self-petitioning, so changes in the law may have affected some of it, but the information on annulments (p. 6) and transferring previous priority dates (p. 2) is still valid and helpful.
Whether a K-1 is eligible for adjustment of status more than two years after marriage to petitioner.
VAWA Overview/VAWA Reauthorization Acts
Practice Advisory on Best Evidence, Credibility, and Any Credible Evidence Standard (May 29, 2014)
This advisory, written by Gail Pendleton and Cecelia Friedman Levin, reviews two common ways in which applications may fail to sufficiently support the credibility of the documentation supplied.
Copyright @2014 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
Comments on USCIS VAWA EAD Guidance (January 10, 2013)
Letter submitted on behalf of 70 national, regional, state and local organizations, and individuals expressing the comments regarding the Policy Memorandum, PM-602-XXX: Eligibility for Employment Authorization upon Approval of a Violence Against Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization for Battered Spouse of Certain Nonimmigrants (“VAWA EAD Guidance” or “Guidance”) for your consideration.
VAWA 2013 and TVPRA: What Practitioners Need to Know
The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013. This document provides an overview of substantive changes and technical fixes to both the VAWA and the TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes, prepared by ASISTA staff.
Copyright @2013 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
USCIS Fact Sheets on VAWA Self-Petitioners (April 21, 2008)
This fact sheet clarifies the 2008 decision allowing self-petitioners who were formerly denied Adjustment of Status (because of illegal entry or entry without inspection) to file a motion to reopen.
VAWA 2005: H.R 3402 with Senate Amendments (December 16, 2005)
VAWA 2005: Amendment on the Act from the bill of the House of Representatives (H.R. 3402) entitled “Violence Against Women and Department of Justice Reauthorization Act of 2005”.
VAWA 2005 Analysis and Practice Pointers
Summary and practice pointers for the 2005 changes to VAWA, prepared by ASISTA staff. Special thank you to Evangelina Abriel and Susan Schreiber from CLINIC who contributed to the analysis.
Copyright @2005 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
VAWA 2005: Documento Informativo en Español
Este documento informa las clausulas relativas a la inmigración en relación con la ley VAWA 2005, creado por Joanne Lin y Leslye Orloff de Legal Momentum.
Eligibility for VAWA Self-Petitions
Proof of Abuser USC or LPR Status
Information about Obtaining Birth Certificates
This website provides information about procedures and requirement for each state to get a copy of a birth certificate. You can use this information to try to get birth certificates to prove citizenship of an American-born United States Citizen Abuser.
ASISTA Chart: Qualifying VAWA Self-Petitioner Relationships
Note: This is not intended to serve as an exhaustive description of requirement for VAWA or for VAWA AOS
ASISTA Chart: Abused Children: VAWA Self-Petition & SIJS
Note: This is not intended as an exhaustive description of requirement for VAWA/SIJS or for VAWA/SIJS-based AOS
Good Faith Marriage
Sample RFE response: Joint Residence & Good Faith Marriage following FDNS investigation (1st)
Sample RFE cover letter on joint residence and good faith marriage
Sample RFE response: Joint Residence & Good Faith Marriage following FDNS investigation (2nd)
Sample RFE cover letter on joint residence and good faith marriage
Sample RFE response: Client previously claimed to be married
Sample RFE response: Client previously claimed to be married.
- Bona Fide Marriage Exemption
- Bona Fide Marriage Exemption, ICWC.
- Good Faith Marriage Exemption Decision (Nov. 2013)
USCIS Good Faith Marriage Exemption Decision (November 27, 2013).
Good Faith Marriage Exemption Decision (Dec. 2006)
USCIS Good Faith Marriage Exemption Decision (December 20, 2006).
Information about Obtaining Marriage Certificates
This CDC website shows how to get marriage certificates to prove traditional marriages.
States Recognizing Common Law Marriages
This link to the National Conference of State Legislatures provides information on states that recognize common law marriages.
USCIS VAWA Bigamy Memo (8/21/2002)
This office memorandum Re: Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident, is to inform INS officers in the field that this provision applies to all self-petitions pending on or filed on or after October 28, 2000.
This memo states that is the self-petitioner can demonstrate that the divorce from the abusive spouse is connected to the battering or extreme mental cruelty and the self -petitioner files his/her self-petition within two years of the divorce, that self-petition should not be denied on the grounds that a legal marriage no longer exists.
ASISTA Amicus Brief to AAO on VAWA Good Faith Marriage (February 2015)
ASISTA Amicus Curiae Brief in support of applicant’s appeal of the denial of her I-360 VAWA self-petition.
ASISTA Amicus Brief to AAO on VAWA Good Faith Marriage (December 2012)
ASISTA Amicus Curiae Brief in support of applicant’s appeal of the denial of her I-360 VAWA self-petition.
GFM Arguments for VSC in Support of the Amicus Brief for the Self-Petition of K-T
These arguments for Vermont Service Center were written by Gail Pendleton, Co-Chair of the National Network to End Violence Against Immigrant Women, in support of the amicus brief for the self-petition of K-T on the notice of intent to deny (NOID) on good faith marriage.
These arguments for Vermont Service Center were written by Gail Pendleton, Co-Chair of the National Network to End Violence Against Immigrant Women, in support of the amicus brief for the self-petition of V A-G on the notice of intend to deny (NOID) on good faith marriage and battery or extreme cruelty
This guide was written by Maha Alkhateeb, Peaceful Families Project, Institute of Domestic Violence and Battered Women’s Justice Project.
Matter of T: Deportation Proceedings (November 25, 1959)
Where evidence of fraud of marriage to a U.S. citizen was found insufficient to support respondent’s deportation under section 241(c) of the Immigration and Nationality Act, deportation on invalid visa charge under section 241(a)(1) is also precluded when predicated upon the same evidence of fraudulent marriage.
Act of 1952-Section 241(a)(1) [8 U.S.C. 1251(a)]-inadmissible at time of entry, not non-quota immigrant.
Sample Bona Fide Mariage Exemption Declaration
Sample BFM Exemption Declaration, ICWC
Sample Bona Fide Mariage Exemption Declaration Beneficiary
Sample BFM Exemption Declaration Beneficiary, ICWC
Sample Bona Fide Mariage Exemption Declaration Petitioner
Sample BFM Exemption Declaration Petitioner, ICWC
Shared Residence
Amicus Brief VAWA Joint Residence (December 27, 2019)
This amicus brief, submitted to the Southern District of Florida, addresses USCIS’s requirement that self-petitioners show shared residence with their abuser during the marriage.
With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law’s Immigration Clinic for their hard work on this brief.Click here to download the Amicus Brief in Word version.
Decision Bait It v. McAleenan, 2019 WL 4601727 (N.D. Ill. 2019)
This decision from the Northern District of Illinois rejects USCIS’s arguments that VAWA self-petitioners must have shared a residence with the abuser during the marriage. The case was litigated by Matthew Kriezelman.
Battery or Extreme Cruelty
Representation of different tactics of power and control used against immigrant women.
Representación de las diferentes tácticas de poder y control utilizadas contra mujeres inmigrantes.
Domestic Violence Advocate Affidavit Guidelines
These guidelines outline what kind of information affidavits should include, as well as factors that may prove extreme hardship.
Motion for Leave to File Amici Curiae Brief and Appendix of Authorities in Support of Petitioner and Reversal in Leiva-Mendoza vs. Holder, an Appeal in the 8th Circuit, by the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project.
ASISTA Newsletter Fall 2006: Extreme Cruelty: What it is and How to Prove it
ASISTA Newsletter Fall 2006, includes an article by Sally Kinoshita on recognizing and proving extreme cruelty on VAWA self-petitions.
Extreme Cruelty Notice of Action from Vermont Service Center (June 2001)
Example notice of a request for further evidence (RFE) on extreme cruelty from the Vermont Service Center on a VAWA self-petition application.
Extreme Hardship Article Pre-Regulations, by Gail Pendleton (2/22/1999)
Pre-regulations article on extreme hardship on VAWA cases written by Gail Pendleton, counsel for the Amici at the National Immigration Project of the National Lawyers Guild.
Amicus Brief on Extreme Cruely
Amicus Brief, Leiva-Mendoza 8th Appeal Circuit (8/13/2010)
Amicus Brief for the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purpose of VAWA as context and social science background.
Good Moral Character
ASISTA Newsletter Fall 2008: Analyzing Good Moral Character and Inadmissibility in VAWA Cases
ASISTA Newsletter Fall 2008, includes an article by Sally Kinoshita on good moral character, inadmissibility and the relationship between the two. This article provides an overview and practice pointers for self-petitioning and later adjustment of status to lawful permanent residence.
The purpose of this memorandum is to inform U.S. Citizenship and Immigration Services (USCIS) adjudicators at the Vermont Service Center (VSC) of the change of the law concerning determination of good moral character made in connections with VAWA-based self-petitions (Form I-360).
This memorandum on good moral character should be read along with its two attachments and accompanying notes, and the ASISTA newsletter article on good moral character from fall 2008, located below.
This first attachment to the good moral character memo provides a chart of various statutory bars to establishing good moral character and whether they are “waivable” for purposes of overcoming good moral character problems for VAWA self-petitioners. CIS has acknowledged that its reference to 212(a)(9)(A) is no longer statutorily accurate; that bar applies to bigamy at 212(a)(10), not prior removals at (9)(A).
Attachment 2 to previous Memo: Authorities Affecting False Testimony Determinations (January 2005)
This second attachment to the good moral character memo discusses the standards for the good moral character bar based on false testimony. Please not that the only false USC claim that IS a bar to GMC is a false claim to vote.
General false claims to USC are NOT a GMC bar but implicates the “residual” GMC category. CIS agrees with this approach, so to the degree that this memo implies otherwise, it is legally inaccurate.
AAO Decisions
AAO Approves VAWA Petition Filed by 24 Years Old Applicant (July 24, 2012)
In this decision, the Administrative Appeals Office determined that being under an abusive parents’ control qualified as “one central reason for filing delay” under INA 204 (a)(1)(D)(v) and therefore excuses the failure to file an I-360 self-petition before the applicant’s 21st birthday.
VAWA Forms and Instructions
This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications.
This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice.
The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
I-360 Form, Instructions & Checklist
Link to USCIS section on I-360, VAWA Self-Petition form, instructions and checklist.
Link to USCIS section on I-751, Petition to Remove Conditions on Residence form and instructions.
Link to USCIS section on I-485, Application to Register as Permanent Resident or Adjust Status form and instructions.
Link to USCIS section on I-765, Application to Employment Authorization form and instructions.
Link to USCIS section on I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal form and instructions.
I-601 Form, Instructions & Flowchart
Link to USCIS section on I-601, Application for Waiver of Grounds of Inadmissibility form, instructions and flowchart.
Link to USCIS section on I-912, Request for Fee Waiver form and instructions.
VAWA Resources/Filing a VAWA Case
VAWA General Waivers to Grounds of Inadmissibility (ASISTA, 2022)
VAWA Waivers
OVW Handout Re: COVID-19 Vaccines & Testing (Feb. 2022)
COVID-19 vaccine and testing information for U-visa and VAWA clients.
This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
USCIS Service Center Email Hotlines (ASISTA, 2022)
Handout Service Center Hotlines.
This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.
In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version.
- Eligibility for VAWA
- Adjustment of Status
- Practice Advisories
- Q & A from CIS
- Sample Fee Waiver Letter
- Sample I-485 Hold in Abeyance Letter
Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file.
Sample VAWA I-360 RFE with boilerplate (May 2024)
Sample VAWA Mock RFE with boilerplate, here.
Sample VAWA RFE Response GFM & Joint residence (May 2024)
Sample VAWA RFE Response Cover Letter (GFM & joint residence), here.
Sample VAWA Affidavit (Skeletal)(May 2024)
Sample VAWA Affidavit (skeletal), here.
Sample VAWA Only Filing Cover Letter (May 2024)
Sample VAWA Only Filing Letter, here.
Sample VAWA Exhibit List (May 2024)
Sample VAWA Exhibit List, here.
Sample Receipt Notice (English & Spanish) (May 2024)
Sample Receipt Notice Letter, here.
Sample EAD Approval for Pending LPR Letter (English & Spanish) (May 2024)
Sample EAD Approval for Pending LPR Letter, here.
Sample Biometrics Notice Letter (English & Spanish) (May 2024)
Sample Biometrics Notice Letter, here.
Sample Language for USICS to confirm abuser’s USCIS status for VAWA (May 2024)
Sample Language for USCIS to confirm abuser’s USCIS status for VAWA, here.
ASISTA VAWA I-360 Self Petition Sample Affidavit with Commentary (May 2024)
Sample Affidavit with Commentary, here.
Sample I-485 Hold in Abeyance Letter
Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file. To download the sample letter in Word version, click here.
I-360 Sample Cover Letter: Concurrent Filing of Form I-360 VAWA & Form I-485 AOS
I-360 Sample Cover letter: CONCURRENT FILING OF FORM I-360 VAWA, Self-Petition under the Violence Against Women Actas an abused spouse of a United States Citizen, & FORM I-485, Application to Adjust Status.
Sample Response to Request for Further Evidence (RFE)
This sample is based off of an I-360 VAWA self-petition, and it is applicable when the adjudicator does not apply the correct standard of evidentiary review.
Corrections and Clarification to Police Reports
This form is an opportunity for applicants/advocates to correct and/or clarify a police report. This form would be specially important for cases where a language barrier created misunderstanding or false assumptions.
Immigration Intake Form: Flagging Inadmissibility
This intake provides important questions to ask to your client, and can be used as an intake form to determine how your client will best be served or if there is a case.
Declaration Guidelines for Victim of Crime Advocate on Substantial Abuse
This article provides a description of what an advocate should include in their credentials, the victim’s experience, and the victims’s credibility.
- USCIS Fact Sheet on Request for Further Evidence (RFE) (April 12, 2007)
- Presentación del USCIS de Cómo Navegar la Página Web en Español
Esta presentación explica paso a paso como navegar el sitio web para ver el estatus de su caso.
VAWA Adjustment of Status
Advisories & Articles on VAWA Adjustment of Status
Fee Waiver Form in Effect December 2, 2019 (December, 2 2019)
This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
ASISTA Practice Advisory: Updates on VAWA Adjustment (May 30, 2013)
This practice advisory was created in response to reports of long delayed VAWA adjustment cases. In consultation with the Office of the CIS Ombudsman, this advisory contains updates in processing as well as some practice pointers to avoid and to address delays in the processing of your cases.
AIC Practice Advisory: The Child Status Protection Act (September/November 2009)
The Child Status Protection Act (CSPA), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications.
This practice advisory by Mary Kenney, is one of the three which discuss interim regulations that give USCIS jurisdiction over the adjustment applications of an “arriving alien” parolee who is in removal proceedings.
This practice advisory adopted by Mary Kenney, is the third in a series about interim regulation, adopted May 12, 2006, which give USCIS jurisdiction over the adjustment applications of an “arriving alien” parolee who is in removal proceedings. It discusses how reinstatement of removal under 241(a)(5) applies to people generally, with some information at the end on VAWA. Should read with more recent CIS memo on I-212s.
Legislation/Memos on VAWA Adjustment of Status
USCIS Policy Memorandum: VAWA Amendments to the Cuban Adjustment Act (July 29, 2016)
The amendment of this memo provide for continued eligibility for adjustment of status under section 1 of the CAA for an abused spouses or child of a qualifying Cuban principal.
This policy memorandum (PM) supersedes and rescinds entirely the March 31, 2006 memorandum entitled, “Effect of Perez-Gonzalez v. Ashcroft on adjudication of Form I-212 application filed by aliens who are subject to reinstated removal orders under INA 241(a)(5)’ (the “Perez-Gonzalez” memorandum).
This policy memorandum (PM) details USCIS revisions and regulation on unlawful presence and inadmissibility under section 212(a)(9)(B) and (C).
USCIS Fact Sheets on VAWA Self-Petitioners (April 21, 2008)
This fact sheet clarifies the 2008 decision allowing self-petitioners who were formerly denied Adjustment of Status (because of illegal entry or entry without inspection) to file a motion to reopen.
This memo offers information on the policy allowing adjustment of status to VAWA petitioners who do not have “inspection and admission or parole” status.
USCIS Interoffice Memorandum: Disposition of Cases Involving Removable Aliens (July 11, 2006)
This is one of the several memoranda discussing CIS discretion to not place non-citizens in removal proceedings in certain circumstances, including VAWA (p. 2) (but read the whole memo). Read along with other documents in this section.
USCIS Interoffice Memorandum: Legal and Discretionary Analysis for Adjudication (May 3, 2006)
Reminder for USCIS adjudicators to follow the typical approach of law enforcement checks, legal analysis, waivers, with special attention to discretionary analysis.
DOJ-INS Memorandum: Revocation of VAWA-Based Self-Petitions (I-360s) (August 5, 2002)
This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.
DOJ-INS Memorandum: Unlawful Presence and Authorized Periods of Stay (June 12, 2002)
This memo provides a list of situations in which a person would qualify for an authorized period of stay, temporary protected status (TPS), or deferred enforced departure (DED).
Some of this second INS memo on self-petitioning has been supplanted by subsequent statutory changes, but the actions on what CIS districts are supposed to do (pages 6-7) and the prima facie/public benefit system (pages 4-5 and attachments) are still valid and helpful.
Whether a K-1 is eligible for adjustment of status more than two years after marriage to petitioner.
Checklists/Templates for VAWA Adjustment of Status
Immigrant Visa Flowcharts for Derivatives of VAWA Principals (March 2023)
These two flowcharts were created by Esther Limb, Supervising Attorney at Her Justice, in connection with ASISTA’s March 2023 Virtual CLE Conference, “Everything You Ever Wanted to Know About Derivatives.” They are current as of March 2023.
The flowcharts depict the processes to follow for derivative beneficiaries and other relatives of VAWA petitioners, including:
To access recordings and other materials from the Conference, including deep dives into the processes behind these flowcharts, visit The ASISTA Online Store.
Immigration Intake Form: Flagging Inadmissibility
This intake provides important questions to ask to your client, and can be used as an intake form to determine how your client will best be served or if there is a case.
- I-485 Inadmissibility Red Flags
- I-485 Adjustment of Status Checklist
- I-485 Sample Hold in Abeyance Letter
Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file.
I-824 Follow-to-Join Checklist
Checklist for clients who have completed forms I-824 and I-485, and have a copy of approval notice of I-360.
Case Law on VAWA Adjustment of Status
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!
