The following guide is intended for applicants seeking protection under the Violence Against Women Act.
The Violence Against Women Act (VAWA) allows spouses and children of United States citizens or lawful permanent residents to self-petition for permanent resident status, without the abuser’s help or knowledge.
To self-petition for permanent residency under VAWA, an individual must: Show that s/he lived with a United States citizen or lawful permanent resident spouse; Show that s/he was battered or subjected to extreme cruelty during the marriage; Show that s/he entered the marriage in good faith; o Show s/he is otherwise qualified for admission; and Show that s/he has good moral character.
You must file USCIS Form I-360 and all supporting documents and fees, including evidence of your good faith marriage to your USC or LPR spouse, evidence of the abuse you suffered, proof that you resided with your spouse, and evidence of your good character.
Evidence – Hardship
To prove hardship if you require a waiver, you should you should gather the following proof: bills or letters showing your address, school or work records, birth certificates, marriage certificate; To prove hardship because of your family’s dependence on you for financial and emotional support, you should gather the following proof: proof of child support payments, letters from your family members, bills for your family’s expenses (water, electricity, medical care, etc.), proof of insurance for family members; To establish hardship based on medical problems: doctor’s letter, copies of medical records, copies of prescriptions, letter from a psychologist, social worker or psychiatrist, copies of treatment records.