Violence Against Women Act (VAWA) Self Petition

• WHAT is the Violence Against Women Act?

  • An act that protects immigrant victims of domestic violence married to abusive U.S. citizens or Lawful Permanent Residents.

    • VAWA allows you to become a lawful permanent resident without the help of your abusive spouse.
  • Immigrant victims may be too scared to ask their abusive spouse for help.
  • Your abusive spouse may:
    • Stop you from asking for help because you don’t have your immigration papers
    • Promise to help you get your legal status as long as you stay in the relationship
    • Use the immigration process to control, threaten, or scare you
    • Threaten to have you deported

• WHO can file a VAWA Self Petition?

  • You may qualify if one of the following is true:

    • You are or were married to a U.S. citizen who has abused you
    • You have been abused by your lawful permanent resident spouse or former spouse
    • You are a parent of a child who was abused by your U.S. citizen or LPR spouse
    • You have been abused by your child who is a U.S. citizen
    • You have been abused by your U.S. citizen or lawful permanent resident parent
  • VAWA covers men and women domestic violence victims.
  • You can apply for your children too (even if they are not abuse victims)
  • You must prove that you...
    • Are a child, parent, or current or former spouse of a US citizen or permanent resident,
      • You must prove that you did not marry only to get immigration status
      • If you did not marry your abuser, you may be eligible for a U Visa
    • Live/lived with your abuser in the United States,
    • Have “good moral character” AND
      • You do not have a criminal record
    • Are a victim of abuse or battery such as...
      • Physical or mental abuse
      • Psychological abuse or threats
      • Sexual abuse such as rape
        • It is against the law to have sex with your spouse or intimate partner without consent

HOW do I file a VAWA Self Petition?

1. File Form I-360 Petition for Amerasian, Widow(or), or Special Immigrant.
2. Then we can apply for lawful permanent residence.
   • If you did not marry your abuser, you may be eligible for a U Visa 
3. The Department of Homeland Security will consider any evidence:
   • Orders of protection
   • Police or court records
   • Medical records
   • Affidavits or sworn statements from school officials, social workers, or shelter workers
   • Your written statements about what happened

For more information, see...

• The the Battered Spouse, Children and Parents page of USCIS
• The Immi website
• The Welcoming Atlanta website

Battered Spouse Waiver

WHAT is a Battered Spouse Waiver?

• A waiver for immigrant spouses who have been abused.
• If you and your spouse had been married for less than 2 years when you filed a visa petition, you may have been issued a 2 year conditional green card.
• After your green card expires, you must file a joint application for a permanent green card to show that your marriage has continued.
  • Your abusive spouse may use this requirement to control, scare, or harm you.
  • Victims of domestic violence may file the application by themselves. It is not necessary to receive the help of their abusive spouse.

WHO can get a Battered Spouse Waiver?

• Victims who have been battered or abused
• Victims who have divorced and it was not their fault
• Victims whose spouses have died
• Victims who could show that they would suffer if removed from the United States

HOW do I apply for a Battered Spouse Waiver?

• File Form I-751
  • Petition to Remove Conditions on Residence
  • Check the box saying your are applying on your own
  • Include proof of the battery and abuse such as:
    • Police reports
    • Hospital records
    • Orders of protection
    • Statements from witnesses
    • Your own detailed statement about the abuse
• For more on applying for a Battered Spouse Waiver, see the USCIS website.

U Visa

WHAT is a U Visa?

• A visa that offers protection to victims of intimate partner violence.
• You must cooperate with law enforcement in the investigation or prosecution of criminals.

WHO can get a U Visa?

• Victims of certain crimes who...
  • Have suffered physically or mentally because of the crime
  • Have information about the crime that can help law enforcement
• The crime must have occurred in the United States
• Certain family members may also be protected by a U Visa.

WHAT types of crimes qualify?

• Blackmail
• Domestic Violence
• Female Genital Mutilation
• Felony Assault
• Human Trafficking
• Kidnapping
• Murder
• Prostitution
• Rape
• Witness Tampering
• See USCIS for a list of crimes

HOW do I apply for a U Visa?

• File Form I-918
  • Petition for U Nonimmigrant Status
  • A judge, prosecutor, or police officer must certify your help on Supplement B

For more information, see...

• The USCIS website
• The Immi website
• The Welcoming Atlanta website
• The National Human Trafficking Hotline or call 1-888-373-7888

S Visa

Warning: It is very difficult to get an S Visa.

WHO may be eligible for an S Visa?

• People who have information about a crime or criminal organizations.

WHAT are my rights with an S Visa?

• You can travel to the United States to be a witness in a criminal trial.
• You could become a lawful permanent resident after assisting law enforcement.

HOW can I apply for an S visa?

1. File Form I-854
   • Interagency Alien Witness and Informant Record
2. After Form I-854 is approved, file Form I-485
   • Application to Register Permanent Residence or Adjust Status
   • For a list of evidence you must submit with your Form I-485, see the USCIS website.

• NOTE:
  • You must cooperate with law enforcement.
  • You will have to live under certain restrictions before the visa is granted.
  • Before filing an application for lawful permanent residence, you must complete a cooperation agreement.
  • Talk to a police officer or prosecutor about obtaining an S Visa

For more information, see USCIS's Site on Green Card for an Informant

T Visa

WHAT is a T Visa?

• A visa that offers temporary immigration benefits to victims of sex or labor trafficking
• A T Visa allow a person to live and work in the United States for at least 4 years
• A T Visa holder can apply for lawful permanent residence after 3 years or sooner*

WHO can get a T Visa?

• You can get a T Visa if you...
  • Are a victim of sex or labor trafficking
    • ​Including BUT NOT limited to individuals:
      • ​who are forced to work against their will,
      • who work in hostile and unsanitary conditions,
      • whose employers take and retain their passports or other personal documents, OR
      • whose employers have limited or restricted their access to leave or communicate with others
  • Are currently in the United States because of the trafficking*
  • Report or cooperate in a criminal investigation or prosecution of the traffickers,
    • ​Unless you are under 18 years of age;
    • Or you are unable to cooperate with a request due to physical or psychological trauma
  • And can show that you would suffer if removed from the United States

HOW do I apply for a T Visa?

• File a Form I-914
  • Application for T Nonimmigrant Status
  • Some of your immediate family members may also be able to apply -- File Form I-914 Supplement A
• File a Form I-192
  • Only need to file if you are inadmissible to the United States* 
• For more on applying for a T Visa, see the USCIS website.
• It is always recommended that you speak with an immigration lawyer to advise you of your rights and discuss any risks before you apply.

*This language has been simplified to help identify potential T Visa eligibility. Please refer to the USCIS website or speak with an immigration lawyer to determine if you qualify.

For more information on reporting a situation of human trafficking, see the National Human Trafficking Hotline or call 1-888-373-7888.

Other Rights of Immigrant Victims of Crime

• VAWA, S, T, and U Visa applicants may be eligible for employment benefits.

  • You may also be eligible for certain federal and state benefits/services.

• The government will protect your privacy.

  • The government will not speak to your abuser about you.
  • The government will not tell your abuser about your application.
  • No Department of Homeland Security worker can share that you have applied immigration benefits

• If your application is not approved, you may be deported.

  • This includes applicants who file based on domestic violence

  • It is risky to file an application if the government does not know about you.

  • Speak with an immigration lawyer before filing an application.

For more information, see...

• The USCIS website
• The Immi website
• The Welcoming Atlanta website
• The National Human Trafficking Hotline or call 1-888-373-7888