Guide to preparing and filing Violence Against Women Act (VAWA) Self-Petitions on behalf of battered immigrant spouse, children, step-children, former spouses, and parents of citizens and lawful permanent residents. Includes applications for lawful permanent residency for approved VAWA self-petitioners and their children.
Immigration > VAWA Self-Petition
Topic: VAWA Self-Petition
Materials for Violence Against Women Act (VAWA) Self-Petitioners
[pdf] Chapter 07: Preparing the VAWA Self-Petition and Applying for Lawful Residence (August 15, 2023) (+)
Chapter 7 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides practical tips for filing a self-petition and apply for lawful permanent residency under the Violence Against Women Act of 1994 (VAWA) as revised in 2005.
[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)
This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.
[pdf] Training Materials (+)
Training Materials for Annapolis, Maryland webinar on November 8, 2023
[pdf] Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th Circuit (+)
The National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the VAWA self-petition unless the abused step-child had a continuing relationship with the abusive step-father. NIJC filed a challenge to the AAO denial under the Administrative Procedure Act in Federal District Court in 2013. Unfortunately, the case moved slowly but Jennifer eventually lost on Summary Judgment in 2020, and NIJC appealed to the Seventh Circuit. The National Immigrant Women’s Advocacy Project filed an Amicus brief in the 7th Circuit in support of NIJC’s appeal represented by K&L Gates LLP. The Seventh Circuit overturned the District Court and The Court handed down its decision on March 12, 2021 confirming that in the context of the Violence Against Women Act “stepchild” status survives divorce. Divorce between the natural parent and the abusive stepparent does not cut a stepchild victim off from VAWA immigration relief, including self-petitioning.
[pdf] Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court Rhode Island (+)
Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, file their self petitions, and after filing remarry with no impact that would lead to denial of the application. In this case an immigrant for self petitioner remarried year and ½ after filing but before her self-petition case was approved and USCIS revoked or approved self petition. Amici won a motion to reopen the District Court’s denial of the self petitioner’s case and the trial will proceed on the merits. Map is being represented in this case by Crowell and Moring.
[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)
Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).
[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)
Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)
[pdf] DHS Interactive Infographic on Protections for Immigrant Victims (November 2021) (+)
Interactive infographic with links to USCIS websites and up to date forms covering crime victim related forms of immigration relief.
[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)
Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)
[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)
Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)
[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)
U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Spanish (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. – Spanish
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Karen (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. Karen
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)
This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
[pdf] USCIS Form i-881 NACARA and VAWA NACARA (+)
This form is the application for VAWA NACARA. Instructions on how to complete this form may be found here: https://niwaplibrary.wcl.american.edu/pubs/vawa-nacara-form-instructions-i-881.
[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)
NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.
[pdf] USCIS Form i-485(December 23, 2022) (+)
Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.
[pdf] USCIS Form i-485 Instructions (December 23, 2022) (+)
Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.
[pdf] USCIS Instructions Form i-881 NACARA and VAWA NACARA (December 2, 2021) (+)
USCIS instructions for Form I-881 with very useful information on VAWA NACARA eligibility and the application.
[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.
[pdf] Letter From Bill Tamayo and Leslye E. Orloff to Louise Slaughter on VAWA Self-Petition (February 7, 1992) (+)
Letter to Louise Slaughter’s Office proposing the creation of the VAWA self-petition.
[pdf] Letter from Bill Tamayo to Martha Davis Creating the VAWA Self-Petition 10.25.91 (October 25, 1991) (+)
Early correspondence regarding creation of the VAWA self-petition.
[pdf] Naturalization of VAWA, SIJS, U and T Visa Recipient Survivors PowerPoint Presentation (September 23, 2022) (+)
[pdf] USCIS Naturalization for VAWA Lawful Permanent Residents (September 21, 2022) (+)
Fact Sheet developed by USCIS describing the benefits and process for abused immigrant spouses, children and parents who obtained lawful permanent residency through forms of Violence Against Women Act (VAWA) immigration relief.
[pptx] Identifying and Supporting Immigrant Survivors Eligible for VAWA Self-Petition (November 4, 2021) (+)
Victim advocate Community of Practice.
[pdf] February 24, 2022, Screening and Assisting Non Citizen Survivors Applying for the VAWA Self-Petition (Family Law COP) (+)
Victim advocate community of practice.
[pptx] VAWA Self-Petition: Filing the Application 101 (April 27, 2022) (+)
Victim advocate community of practice.
[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)
This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.
[pdf] DHS Takes Victim-Centered Approach Press Release (October 20, 2021) (+)
Press release describing the role all components of DHS have been directed to take to ensure that immigrant victims are treated by DHS officials in a manner that takes a victim centered approach. Describing how this approach both meets the humanitarian needs of victims and helps DHS play a role in fighting crime.
[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)
USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] NIWAP, Comments on USCIS VAWA Self-Petitioning Policy Manual Chapters (March 9, 2022) (+)
NIWAP’s comment provide legislative history and social science evidence based research to support USCIS’s formal implementation in the VAWA self-petitioning chapters of the USCIS Policy Manual of virtually all of the VAWA statutory reforms that were included in VAWA 2000, VAWA 2005 and VAWA 2013 that became law after the VAWA self-petitioning regulations were issued in 1996. The first section of these comments discusses these issued. In reviewing the policy manual we also identified a few areas in which the policy manual does not implement or does not fully implement VAWA statutes and in one case imposes a policy that is inconsistent with VAWA’s goals, legislative history, and the reasoning of the 7th Circuit Court of Appeals. The areas of improvement NIWAP suggests in these comment focus largely on four important issues for which we seek improvements in the Policy Manual’s approach:
— We appreciate that USCIS adopted the 7th Circuit’s opinion in Arguijo and has applied it nationally ensuring that divorce will not cut of abused stepchildren from VAWA self-petitioning and NIWAP requests and provides the legal and social science support for treating abused stepchildren whose biological parent dies identically instead of forcing abused stepchildren to maintain an ongoing relationship with their abusive stepparent after the death of their biological parent in order to self-petition;
— We propose policy manual revisions that do not treat crimes committed by victims related to the battering or extreme cruelty they suffered as aggravated felonies barring them permanently from self-petitioning and forcing them into the U visa backlog as their only immigration option. This approach cuts victims off from the domestic violence victim waiver that Congress created to help victims with convictions from pleas they took in domestic violence criminal cases where they had acted in self-defense or when they stole baby food when fleeing their abuser and ended up with a one year suspended sentence for the theft which is an aggravated felony under U.S. immigration laws;
–Remarriage: Congress in VAWA 2000 revised VAWA statutes and explained in legislative history that their intent to ensure that remarriage of VAWA self-petitioners would not impact a filed self-petition reflecting an understanding of how remarriage to a non-abusive partner can help victims heal and can play a role in improving victim safety; and
–Naturalization: In VAWA 2000 Congress amended the naturalization statute to allow spouses of U.S. citizens who are battered or subjected to extreme cruelty by their citizen spouse to not have to remain living in an abusive home and remain married to their abused to be able to naturalize in 3 years as opposed to 5 years. This provision was meant to help any abused spouse of a U.S. citizen whether the abuser filed a family-based visa petition or whether the victim filed a self-petition. Implementing policies limited these protections to VAWA self-petitioners, VAWA cancellation and Battered Spouse Waiver applicants, leaving out VAWA suspension of deportation victims and all other battered spouses of U.S. citizens.
[pdf] USCIS VAWA Self-Petitions Policy Manual (February 10, 2022) (+)
USCIS published this policy guidance governing VAWA self-petition adjudications. This is a pdf word searchable download of the full VAWA self-petitioning chapter of the policy manual with all of its subparts. This version is current as of February 10, 2022. For the most up-to-date version and working hyperlinks see the on-line version at https://www.uscis.gov/policy-manual/volume-3-part-d
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
[pdf] Good Faith Marriage in VAWA Self-Petitioning Cases (December 29, 2021) (+)
Brief and legislative background on immigrant spouse and child abuse victims who were trapped in good faith marriages to U.S. citizens and lawful permanent residents that had become abusive.
[pdf] Customs and Border Protection (DHS), Report on the San Diego Sector Crime Victim Assistance Unit (2004) (+)
2004 Report on the success of the San Diego Sector’s Crime Victim Assistance Unit of the Bureau of Customs and Border Protection at the U.S. Department of Homeland Security.
[pdf] USCIS Fraud Referral Sheet (September 20, 2004) (+)
This is a fraud referral sheet that USCIS uses in various types of immigration cases. This version is from September 2004 and was posted on the AILA Info Net January 28, 2010.
[pdf] Pages 79-81 and 92 FOIA BSW Response 2017 384 VAWA Confidentiality Broadcast (February 9, 2016 & April 4, 2016) (+)
Notice to field offices reminding them about the VAWA confidentiality “384” computer system that notifies DHS officials about a victim’s cases receiving VAWA confidentiality protections. These memos also discuss interviewing battered spouse waiver applicants including interview approach and the importance of using only the “safe address” and taking care not to send information to the abuser.
[pdf] Pages 76-78 FOIA Response 2017 Standard Operating Procedures for USCIS District Offices Handling of Interviews in VAWA Self-Petition Adjustments and Battered Spouse Waiver Cases (June 29. 2011) (+)
The standard operating procedure discusses how VAWA immigration cases and interviews are to be handled at USCIS District offices for Battered Spouse Waivers cases and VAWA Self-Petitions adjustment of status to lawful permanent residency.
[pdf] Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014) (+)
Memos and emails spelling out the approach to requests for further evidence that should be used by USCIS field offices in their adjudications of battered spouse waiver cases. These also address the VAWA any credible evidence rules application in battered spouse waiver cases.
[pdf] Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014) (+)
District field office training of officers that adjudicate interviews in VAWA self-petitioner adjustments of status to lawful permanent residency and battered spouse waiver cases. The training covers fraud detection at the VAWA Unit, VAWA confidentiality protections, VAWA unit training and data, requirements of I-485 interviews based on approved VAWA self-petitions, procedures that are to be followed if the District office wants to return a case to the VAWA Unit for revocation or further investigation, Common errors in return often stemming from District Officers following outdated regulations and not the statutory changes.
[pdf] FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017) (+)
This FOIA response discusses the application of VAWA confidentiality protections to battered spouse waiver and all VAWA cases; provides slides used to train on VAWA confidentiality and the rules that apply to district office staff adjudicating battered spouse waivers and VAWA adjustments of status applications for lawful permanent residency. These slides highlight the types of evidence that adjudicators cannot rely upon that come from the abuser under VAWA confidentiality law. It also discusses how many of the cases returned to the VAWA unit from district offices stems from reliance on regulations that were later overruled by subsequent VAWA statutes and have not been updated and highlight common returns that are errors. The training includes a copy of the 4.11.08 memo on adjustment of status for VAWA self-petitioners who are present without inspection. There are also documents discussing VAWA’s amendments designed to allow VAWA self-petitioners to remarry and the USCIS position on narrow implementation of the remarriage provisions. The materials provided in response to the FOIA provide detailed information in the form of emails, policies, and trainings warning adjudicators to not rely on perpetrator provided information in adjudicating VAWA self-petitions, adjustments or battered spouse waiver cases with good examples of the types of evidence that must be avoided, including not relying on perpetrator provided information in marriage based visa interviews. The policy discussing referrals from District offices for revocations for self-petitions is discussed. The response also included the memo on the 2 year custody and 2 year residency and custody exceptions for abused adopted children. Pages 1-57 of this FIOA response contain information applies primarily to VAWA self-petition or cases of abused adopted children.
Page 58 (Electronic page 72) of the response appears to be a check list of the types of evidence that may be fraud indicators or raise questions or lead to a request for further evidence (RFE) this appears to be self-petition related and it is not clear the extent to which it relates to battered spouse waiver cases.
Pages 59-61 and pp 88-91 directly related to battered spouse adjudications and provide direction on how District Office adjudicators are to respond when at an interview for a jointly filed request to remove conditions a battered spouse/child request to file a battered spouse waiver. These communications recognize the VAWA confidentiality implications in processing these requests. Pages 70-73 provide the formal interim process from changing from a joint petition to a battered spouse waiver.
Pages 62 -67, also provided on pages 82-87. Directly discuss battered spouse waiver adjudications with VAWA Unit staff providing examples the types of questions VAWA unit trained staff use in requests for further evidence (RFE) on the following topic proof of: extreme cruelty; battering (physical abuse); good faith marriage, residence with abusive spouse/parent. There is also included RFE language describing that marital tensions are not necessarily abuse. The materials also describe the three main reasons why battered spouse waiver adjudicators send cases to an interview at a field office. Any credible evidence rules are described and an explanation of Battering or Extreme Cruelty from Chapter 25 of the Adjudicators Field Manual is included. Page 92 also addresses similar issues.
Pages 76-78 set out the standard operating procedures (S)OP) used by District offices processing VAWA cases addressing both battered spouse waiver cases and VAWA self-petitions adjustments of status to lawful permanent residency. The SOP discusses interviews, the timing of interviews and the involvement of supervisors. It also discusses having a VAWA Point of Contact at the field office and their role. This SOP recognizes that some VAWA cases will be identified during an interview and any such cases are to be referred to the VAWA POC in the field office. This policy took effect August 1, 2011.
Pages 79-81 discuss the creation of the “384” code of admission notifying DHS staff that a case has VAWA confidentiality protection. It is interesting to note that no mention of battered spouse waivers are a case type is included in these communications despite VAWA 2005 defining battered spouse waivers as VAWA self-petitioners.
[pdf] Exception to the Two Year Custody and Two year Residency Requirement of Abused Adopted Children (September 12, 2013) (+)
Implementing policy for VAWA 2005’s exception for VAWA self-petitioners to the 2-year adoption residency with adoptive abusive parent requirement.
[pdf] IIRAIRA Legislative History Conference Report (September 24, 1996) (+)
Includes preservation of VAWA self-petitioning, creation of VAWA cancellation of removal, creating VAWA confidentiality requirements, and exempting battered immigrants from deeming (see pp 32, 49, 108-109, 129-130, 139, 150 for statutory text and pp 208, 214, 231, and 238 for legislative history). Included battered spouse waiver, VAWA self-petitioners and VAWA suspension of deportation in VAWA confidentiality protections. IIRAIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
[pdf] Family Violence and U.S. Immigration Law; New Development (March 2001) (+)
This article discusses a brief history of VAWAs immigration protections, the battered spouse waiver and the U visa. It contains detailed list of suggested evidence and practice pointers that are continuingly useful.
[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)
Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.
[pdf] Unconditional Safety for Conditional Immigrant Women (January 31, 1996) (+)
Article detailing the legislative history of family based immigration in the United States, the marriage fraud act amendments in 1986, battered spouse waivers in 1990, VAWA self petitioning in 1994, the VAWA any credible evidence rules of 1994, and the need for VAWA confidentiality that became law in 1996.
[pdf] A License to Abuse: The Impact of Conditional Status on Female Immigrants (April 1, 1993) (+)
This article discusses the need for immigration protections for abused immigrant spouses, the legislative history of the Marriage Fraud Act Amendments, the Battered Spouse Waiver, problems with Battered Spouse Waiver regulations, the need for and legislative history of the VAWA self-petition, and the need for VAWA’s any credible evidence rules.
[pdf] Legal Issues Confronting Conditional Residents Aliens Who Are Victims of Domestic Violence: Past, Present and Future Perspectives (1995) (+)
Article discusses the legislative history and implementation of the Battered Spouse Waiver, the problems with the regulations developed to implement the program, and the legislative solutions that were being developed in 1994 to address these problems. This includes a discussion of the creation of VAWA’s any credible evidence rules and the need for the VAWA self-petition. The article documents the legislative history of the Battered Spouse Waiver, the VAWA self-petition, VAWA’s any credible evidence rules and describes the need for what ultimately became VAWA’s confidentiality protections.
[pdf] With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women (July 1, 1995) (+)
This article provides an overview of immigrant battered women’s legal rights and options in 1995. It discusses the VAWA self-petition, battered spouse waiver, VAWA’s new any credible evidence rules, as well as protection orders, language access, and preventing parental kidnapping.
[pdf] INS William R. Yates, Instructions Regarding the Expanded Meaning of Section 319(a) (October 15, 2002) (+)
Memo on eligibility of battered immigrant spouses to naturalize under VAWA’s naturalization protections within 3 years instead of 5 years.
[pdf] NJN Webinar U, T, SIJS, VAWA PowerPoint 11.4.21 (+)
[pdf] Annotated Violence Against Women Act (VAWA) Self-Petition Definition INA 101(a)(51) (October 31, 2021) (+)
This annotated statute guides readers through the various types of immigration relief available for immigrants who were subjected to battering or extreme cruelty by their spouses, former spouses, parents, children, and step-parents who were U.S. citizens, lawful permanent residents, or Cuban Adjustment Act (CAA) , Haitian Refugee Immigration Fairness Act (HRIFA), and Nicaraguan and Central American Relief Act (NACARA) applicants, or recipients. Note that NACARA applicants may be El Salvadoran, Guatemalan, or from a list of countries in Eastern Europe. This definition of VAWA self-petitioner is relevant for immigration relief, public benefits and VAWA confidentiality purposes.
[pdf] How to Make an Expedite Request (June 9, 2021) (+)
Instructions for filing expedite requests using the 2021 expedite criteria.
[pdf] Policy Alert USCIS Expedite Criteria (June 9, 2021) (+)
USCIS issues a policy alert regarding new expedite policies that restore the ability of non-profit organizations to file expedite requests and confirms ICE’s continued ability to file expedite requests in cases of noncitizens in removal proceedings.
[pdf] USCIS Policy Manual Chapter 5 – Requests to Expedite Applications or Petitions (October 1, 2021) (+)
USCIS issued updated criteria for expediting adjudication of applications and petitions with its most recent update October 1, 2021. This policy can be helpful in cases of immigrant crime victims with pending VAWA self-petitions, U visa or T visa cases when the victim is detained or there is case pending before an immigration judge in which there is a date for a merits hearing set and the victim needs to have their VAWA, T or U visa case adjudication expedited so as to have a decision on that case before the victim has to appear in immigration court for a merits hearing. Importantly the new expedite criteria explicitly lists safety of the victim due to VAWA confidentiality violations as an emergency or urgent humanitarian basis for an expedite requests. Requests to expedite can be filed by attorneys for the victim including when ICE is also authorized to file expedite requests for victims in removal proceedings and with final orders of removal.
[pdf] Handout – Immigrant Victims Immigration Options Handout (May 26, 2021) (+)
Author Judge Julie Breslow
[pdf] NIWAP Comments in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services (May 19, 2021) (+)
Comment in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services; CIS No. 2684-21; DHS Docket No. USCIS–2021–0004; RIN 1615-ZB87 discussing policy reforms needed that benefits immigrant survivors of crime and abuse.
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] NJN Peer-to-Peer Forum 06.01.21 (+)
[pdf] VAWA Self-Petition Timeline with Background Checks (June 12, 2021) (+)
A flow-chart of the VAWA Self-Petition process timeline with background checks.
[pdf] Questions and Answers: VAWA Self-Petitioning Webinar (June 12, 2021) (+)
On April 22, 2020 NIWAP held a national webinar on VAWA Confidentiality at which we encouraged attendees to ask questions in the “chat” and when they registered for the webinar. We received 87 questions from participants. This document provides answers to each of the questions received. This document supplements the information provided in the webinar. We recommend that readers also view the webinar https://niwaplibrary.wcl.american.edu/2020-vawa-self-petition-webinar.which includes a detailed list of training materials on VAWA self-petitioning.
[pdf] Arguijo v. USCIS 7th Circuit Court of Appeals Decision (March 21, 2021) (+)
The Seventh Circuit overturned the District Court and ruled against USCIS in this case. The 7th Circuit handed down its decision on March 12, 2021 confirming that in the context of the Violence Against Women Act “stepchild” status survives divorce. Divorce between the natural parent and the abusive stepparent does not cut a stepchild victim off from VAWA immigration relief, including self-petitioning. NIWAP filed an Amicus Brief represented by K & L Gates LLP. The brief was submitted to the 7th Circuit Court of Appeals at the request of the National Immigrant Justice Center. This was a case of a battered immigrant step-child whose self-petition was denied by USCIS. Both the appellant step-child and her mother were abused by the victim’s citizen step-father including sexual abuse of his step-daughter. The step-child’s mother died related to the abuse she had suffered. USCIS and the BIA claimed that the victim’s step-parent/step-child relationship ends with divorce or death unless the child has a continuing relationship with the abuser. NIWAP’s amicus brief describes how the Immigration and Nationality Act statutory text does not provide an end date for the step-child step-parent relationship and that imposing one is contrary to the legislative history and purpose of the Violence Against Women Act and VAWA self-petitioning. The 7th Circuit agreed.
[pdf] USCIS Fee Schedule (G-1055) (October 19,2020) (+)
This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] J.A. v Wolf – NIWAP Amicus Step-Child Case (July 24, 2000) (+)
“Amicus on in Jennifer Arguijo v. Wolf” NIWAP represented by K & L Gates LLP, filed an amicus brief in the 7th Circuit Court of Appeals at the request of the National Immigrant Justice Center in a case of a battered immigrant step-child whose self-petition was denied by USCIS. Both the appellant step-child and her mother were abused by the victim’s citizen step-father including sexual abuse of his step-daughter. The step-child’s mother died related to the abuse she had suffered. USCIS and the BIA claimed that the victim’s step-parent/step-child relationship ends with divorce or death. NIWAP’s amicus brief describes how the Immigration and Nationality Act statutory text does not provide an end date for the step-child step-parent relationship and that imposing one is contrary to the legislative history and purpose of the Violence Against Women Act and VAWA self-petitioning. (July 29, 2020).
[pdf] Comparing VAWA Suspension of Deportation, VAWA Cancellation of Removal, VAWA Nicaraguan and Central American Relief Act (NACARA), and VAWA Self-Petitioning Chart (January 28, 2021) (+)
This chart provides an overview that compares the eligibility requirements, inadmissibility waivers and exclusions, and access to immigraiton relief, work authorization, lawful permanent residency, public benefits and the ability to protect include family members in the protections received between four of the forms of immigraiton relief created by the Violence Against Women Act to protect immigrant victims of spouse abuse, child abuse and elder abuse. Three of the forms of immigration relief VAWA cancellation of removal, VAWA suspension of deportation, and VAWA NACARA are applications that may only be filed in immigration court after the victim has been placed in removal, deportation or exclusion proceedings. Victims who are in removal proceedings may at the same time file VAWA self-petitions. In cases of abusive citizen spouses or parents, once the self-petition has been granted the victim can seek adjustment of status to lawful permanent residency from the immigration judge.
[pdf] Comparing VAWA Haitian Refugee Immigrant Fairness Act of 1998 (“VAWA HRIFA), VAWA Cuban Adjustment Act and VAWA Self-Petitioning Chart (January 28, 2021) (+)
This chart compares the three forms of immigration relief created by the Violence Against Women Act (VAWA) that offer remedies for immigrant victims of spouse abuse and child abuse the ability to apply for lawful permanent residency.1 This side-by-side comparison chart compares three different forms of VAWA self-petitions: 1) VAWA Haitian Refugee and Immigrant Fairness Act self-petitions (VAWA HRIFA);2 VAWA Cuban Adjustment Act self-petitions;3 and Self-petitions filed by abused spouses, children and parents of U.S. citizens and lawful permanent residents
[pdf] VAWA T, U Case Processing Data 1997-2020 FY DHS and INS (February 10, 2021) (+)
Compilation of VAWA self-petition, U visa and T visa case processing data 1997 to 2020.
[pdf] I360 VAWA Self-Petition Data DHS 2010-2020 (2020) (+)
2010 to 2020 VAWA self-petition DHS case processing data.
[pdf] VAWA Self-Petition I-360 Statistics 1996-2008 INS-DHS (+)
INS and DHS combined data on VAWA self-petitions I-360 1996 though end of fiscal year 2008.
[pdf] VAWA self-petition I-360 Adjudication Data 1997-2005 INS-DHS (+)
Adjudication data on VAWA self-petitions 1996 though mid 2005.
[pdf] USCIS Adjudicators Field Manual – Consolidation of Guidance on Unlawful Presence (May 6, 2009) (+)
Addresses battered immigrant exception to unlawful presence for VAWA self-petitioners.
[pdf] Declaration of Leslye E Orloff Re-Marriage of VAWA Self-petitioners (August 22, 2019) (+)
This declaration reports on the legislative history of the VAWA 2000 protections designed to ensure that VAWA self-petitioners could receive approval of their VAWA self-petitions and lawful permanent residency based on a VAWA self-petition whether or not they remarried.
[pdf] Lista de materiales Auto-Petición VAWA (+)
Esta lista incluye todos los materiales y herramientas importantes en español para que los abogados, jueces, defensores, etc. ayunden a los víctimas idóneos para la Auto-Petición VAWA.
[pdf] Seminario Web Auto-Petición VAWA PowerPoint (+)
Esta presentación explica los requisitos para la Auto-Petición VAWA. También la presentación incluye los requisitos para la VAWA Ley de Equidad de Inmigración de Refugiados Haitianos (HRIFA), Ley de Ajuste Cubana VAWA (CCAW), Suspensión / Cancelación de VAWA y Ley de ayuda Nicaragüense y Centroamericana (NACARA) VAWA. Toda la información es en español.
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] HRIFA-Interliniated-Statute: Haitian Refugee Immigration Fairness Act of 1998 with Violence Against Women Acts of 2000 and 2005 Amendments (April 22, 2020) (+)
Statute text that notes 2000 and 2005 amendments, changes, and deletions of Haitian Refugee Immigration Fairness Act of 1998.
[pdf] Interliniated-Statute: Cuban Adjustment Act with Violence Against Women Act 2000 and 2005 Amendments (Aprl 22, 2020) (+)
Outlines the changes, deletions, and amendments to the Cuban Adjustment Act included in VAWA 2000 and VAWA 2005 amending (Public Law 89-732), November 2, 1966.
[pdf] VAWA Self-Petition Webinar PowerPoint (+)
This presentation is an overview of VAWA Self-Petition and encompasses all of the basic information on VAWA Self-Petition qualifications and applications. It also breaks down several specific VAWA Self-Petitions based on country of origin, including VAWA HRIFA, VAWA NACARA, and VAWA CAA.
[pdf] NACARA with VAWA 2000, 2005 Interlineated-Statute (+)
Outlines the changes, deletions, and amendments of the Nicaraguan Adjustment and Central American Relief Act, as amended by the Violence Against Women Acts of 2000 and 2005.
[pdf] I-360 Instructions (+)
The Department of Homeland Security issued these instructions to assist petitioners filing the I-360 form for immigration relief.
[pdf] USCIS Adjudicators Field Manual Vol 12 F-5- Bars to Good Moral Character (April 19, 2019) (+)
USCIS Adjudicators Field Manual – Bars to Good Moral Character
[pdf] USCIS Instructions for I-601 Waivers of Inadsmissibility (Includes VAWA, NACARA, HRIFA)(April 7, 2022) (+)
USCIS waiver of inadmissibility form with helpful instructions related to VAWA self-petitioning, VAWA HRIFA and VAWA NACARA cases.
[pdf] USCIS Webpage: Green Card for VAWA Self-Petitioner (3.4.20) (+)
VAWA Self-Petitioner access to lawful permanent residency and a green card. USCIS
[pdf] USCIS Webpage: Battered Spouse Children and Parents (2.16.16) (+)
VAWA Self-petitioning overview USCIS Webpage
[pdf] USCIS Q and A Battered Spouses, Children and Parents Under the Violence Against Women Act (VAWA) (7.15.15) (+)
[pdf] I-485, Supplement C, HRIFA Instructions (Draft USCIS 10/5/15) (+)
Version published for public comment of the I-485 Instructions Supplement C for Haitian Refugee Immigration Fairness Act (HRIFA) applicants. Was not finalized, for information purposes only) It does not address VAWA HRIFA applicants.
[pdf] USCIS Application to Appy for Lawful Permanent Residence and Adjustment of Status Instructions (October 15, 2019) (+)
Instructions for the application that is used by VAWA self-petitioners, VAWA Cuban Adjustment Act (VAWA CAA) applicants, VAWA Haitian Refugee Immigrant Fairness Act (VAWA HRIFA) and other immigrants applying for lawful permanent residency status.
[pdf] VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (July 29, 2016) (+)
USCIS Policy Memorandum PM-602-0110 implementing VAWA 2000 and VAWA 2005 Cuban Adjustment Act Self-Petitioning amendments.
[pdf] VAWA NACARA & VAWA HRIFA (March 9, 2020 (+)
Overview and training materials on Violence Against Women Act (VAWA) self-petitioning remedies under VAWA NACARA (Nicaraguan and Central American Relief Act) and VAWA HRIFA (Haitian Refugee Immigration Fairness Act) self-petitioning protections.
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA)(2.13.15) (+)
Congressional Research Service report on VAWA’s immigration provisions and the VAWA Unit that adjudicates VAWA self-petitions, U visa and T visa cases.
[pdf] Violence Against Women Act 1994 -House Legislative History (November 20, 1993) (+)
This is the House Committee on the Judiciary legislative history of the Violence Against Women Act of 1994. It includes the legislative history of VAWA self-petitioning and VAWA suspension of deportation and the any credible evidence standard for adjudicating VAWA immigration cases including the Battered Spouse Waiver.
[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)
Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]