Navigating the VAWA Filing Process: A Comprehensive Step-by-Step Guide
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
The process of filing a VAWA self-petition (Form I-360) involves several steps aimed at demonstrating eligibility as a victim of domestic violence, abuse, or battery while in a relationship with a U.S. citizen or lawful permanent resident (LPR). Here is a step-by-step guide to the VAWA filing process:
Assess Eligibility:
Determine eligibility as a spouse, child, or parent of a U.S. citizen or LPR who subjected you to abuse.
Gather evidence supporting the qualifying relationship and the abuse suffered.
Prepare Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant):
Obtain and carefully complete Form I-360 provided by the United States Citizenship and Immigration Services (USCIS).
Include all required information and supporting documentation as listed in the form instructions.
Compile Supporting Evidence:
Gather evidence to support the VAWA self-petition, such as police reports, court documents, medical records, affidavits from witnesses, photographs, and any other documentation proving the abuse and the relationship.
Provide a detailed personal statement describing the abuse suffered, the history of the relationship, and any other relevant information.
Filing the Petition:
Submit the completed Form I-360 along with all supporting documents to the appropriate USCIS address as indicated in the form instructions.
Include the required filing fee or request a fee waiver if eligible.
Receipt Notice and Biometrics Appointment:
After USCIS receives the petition, they will issue a receipt notice acknowledging the receipt of the application.
If applicable, USCIS will schedule a biometrics appointment for fingerprinting and photographing.
Request for Evidence (RFE) or Interview:
USCIS may issue a Request for Evidence (RFE) if additional documentation or information is needed to support the petition.
In some cases, USCIS may schedule an interview to further evaluate the petition and discuss the details of the case.
Decision on the Petition:
USCIS will review the petition, supporting evidence, and any additional information provided.
If the VAWA self-petition is approved, the applicant becomes eligible for certain immigration benefits, including the possibility of applying for lawful permanent residency (green card).
It's important to note that the VAWA self-petition process can be complex, and each case is unique. Seeking assistance from an experienced immigration attorney or an accredited representative who specializes in VAWA cases can be highly beneficial. They can provide guidance, help gather evidence, complete the necessary forms accurately, and navigate the process effectively, increasing the chances of a successful outcome.
