This webinar includes an overview of the basic requirements for VAWA Self-Petition. It also covers how to identify who may be eligible for VAWA Self-Petition immigration relief and how to screen and identify types of assistance that immigrant survivors qualify to receive. The presentation provides information on immigrant victim and offender dynamics, VAWA Self-Petition history, the types of VAWA Self-Petitions, and VAWA Confidentiality.
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If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on family law issues that arise in cases of immigrant crime victims, please call NIWAP for technical assistance. (202) 274-4457 or email us at info@niwap.org.
Training Materials
Department of Homeland Security (DHS) VAWA Self-Petition Screening Tools
- DHS: Immigration Options for Victims of Crimes (USCIS Brochure)
- DHS: Infographic – Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims (2017)
VAWA Self-Petition Screening Tools and Brochures
- Bench Card-Identifying Victims Who May Qualify for Immigration Relief (March 29, 2019)
- Comparing Forms of Immigration Relief for Immigrant Victims of Crime (September 21, 2017)
- Introduction to VAWA Self-Petitioning Flow Charts (June 19, 2019)
- VAWA Self-Petitioning Flow Chart for Adults (June 17, 2019)
- Violence Against Women Act-VAWA Self Petitioning Eligibility for Abused Children (June 17, 2019)
- VAWA Self-Petitioning Eligibility Flow Chart for Abused Elders (June 17, 2019)
- Screening for Victims Who Qualify for Immigration Protective Relief (March 2, 2018)
- Pathways to Immigration Relief for Students (June 20, 2014)
- Immigration Protection Screening Checklist (June 17, 2011)
- Multi-Lingual Materials and Know Your Rights Brochures (July 13, 2018)
Eligibility for VAWA Self-Petition
- VAWA Self-Petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation (April 17, 2013)
- Preparing the VAWA Self-Petition and Applying for Lawful Residence (July 10, 2014)
- Immigration Relief for Child Sexual Assault Survivors (July 10, 2014)
- Pro Bono Institute “Violence Against Women Act” Online Training Module
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015)
- Trauma Informed – Structured Interview Questionnaires for Immigration Cases (SIQI)(July 12, 2018)
- Advocate’s and Attorney’s Tool for Developing a Survivor’s Story-Trauma Informed Approach (July 10, 2017)
- VAWA Self-Petition Timeline with Background Checks (March 29, 2019)
- VAWA Red-Flags (July 16, 2015)
- Good Moral Character (October 15, 2013)
- Experiences of Immigrant Women Who Self-petition Under the Violence Against Women Act (August 10, 2010)
Evidence List for VAWA Self-Petition
- Evidence Lists for VAWA Self-Petitioners in Spanish
- Evidence List-Immigrant Victims Applying for VAWA Self-Petitioning
- Evidence List-Immigrant Victims Applying for VAWA Cancellation of Removal
- Documentary Requirements for VAWA Cases (February 2014)
CILAP VAWA Self-Petitioner
- Legal Assistance Evidentiary Requirements for VAWA –CILAP
- Documents in Support of Good Faith Marriage-CILAP
- VAWA I-360 Enclosures List – CILAP
- Fee Waiver Worksheet- CILAP
VAWA Cuban Adjustment Act – VAWA CAA – Relevant Government Publications
- USCIS: VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (July 29, 2016)
- USCIS: Adjudicator’s Field Manual 23.11 Cuban Adjustment Act
- USCIS: Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status (Contains useful information for VAWA self-petitioners, VAWA HRIFA and VAWA CAA)
VAWA Haitian Refugee Immigration Fairness Act – VAWA HRIFA – Relevant Goverment Publications
- USCIS: Instructions for I-601 Waivers of Grounds of Inadmissibility (discussing VAWA self-petitions, VAWA NACARA and VAWA HRIFA) (January 27, 2020)
- USCIS: Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status (Contains useful information for VAWA self-petitioners, VAWA HRIFA and VAWA CAA)
- USCIS: Instructions for Form I-485, Supplement C HRIFA (October 5, 2015)-Draft for information only
- USCIS Green Card for Haitian Refugee (November 27, 2017)
- USCIS: HRIFA Regulations 8 C.F.R. 245.25
- USCIS: Adjudicators Field Manual 23.13, Adjustment of Status under the Haitian Refugee Immigraiton Fairness Act (HRIFA) (Current as of April 21, 2020)
VAWA Nicaraguan and Central American Relief Act – VAWA NACARA – Relevant Government Publications
- USCIS: Instructions for I-601 Waivers of Grounds of Inadmissibility (discussing VAWA self-petitions, VAWA NACARA and VAWA HRIFA) (January 27, 2020)
- USCIS: Instructions for Form I-881 Application for NACARA and VAWA NACARA (November 8, 2019)
VAWA HRIFA , VAWA NACARA, and VAWA CAA – Practice Tools
VAWA Self-Petitioner Legislative History
- Legislative History of VAWA (94, 00, 05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (June 17, 2015)
- Violence Against Women Act 1994 -House Legislative History (November 20, 1993)
- Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA)(February 13, 2015)
- CRS: Immigration: Noncitizen Victims of Family Violence (May 3, 2001)
- Offering a Helping Hand Legal Protections for Battered Immigrant Women A History of Legislative Responses (March 1, 2002)
- John Conyers, The 2005 Reauthorization of the Violence Against Women Act (May 2007)
- House Conference Report VAWA 2000 Congressional Record (October 6, 2000)
USCIS and DOJ Memos/Guides VAWA Self-Petitioning and Government Documents
- DHS: Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities (January 20, 2021)
- USCIS Webpage: Green Card for VAWA Self-Petitioners (March 4, 2020)
- USCIS: Instructions for I-601 Waivers of Grounds of Inadmissibility (discussing VAWA self-petitions, VAWA NACARA and VAWA HRIFA) (January 27, 2020)
- USCIS: Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status (Contains useful information for VAWA self-petitioners, VAWA HRIFA and VAWA CAA)
- ICE Memo April 2019 Memo on Continuing Validity of The Crime Victims Witness Protection Memo (April 19, 2019)
- USCIS Policy Manual: Good Moral Character – Conditional Bars for Acts in Statutory Period (April 19, 2019)
- USCIS Memo Disclosures of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (May 3, 2016)
- USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016)
- USCIS Webpage: Battered Spouse, Children and Parents (February 16, 2016)
- USCIS Webpage: Questions and Answers: Battered Spouses, Children and Parents Under the Violence Against Women Act (VAWA) (July 15, 2015)
- DOJ-EORI: Application for Suspension of Deportation (Including VAWA Suspension of Deportation) (July 2015)
- Congressional Research Service, Immigration Provisions of the Violence Against Women Act (May 15, 2012)
- USCIS Policy Memorandum Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21 (September 6, 2011)
- USCIS Policy Memo: Eligibility to Self-Petition as a Battered or Abused [parent of a U.S. Citizen (August 30, 2011)
- DHS Memo Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (June 17, 2011)
- USCIS Brochure: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage Based Visa (January 7, 2011)
- USCIS Memo: Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(1) of the Immigration and Nationality Act (December 16, 2010)
- USCIS Fact Sheet: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage Based Visa (October 27, 2010)
- USCIS Report on the Operations of the Violence Against Women Act Unit at the USCIS Vermont Service Center, Report to Congress (October 22, 2010)
- USCIS Executive Summary: Vermont Service Stakeholder Engagement (April 19, 2010)
- Advance Question/Discussion Topics for VSC Meeting (August 20, 2009)
- USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (July 8, 2009)
- Filing T, U, and VAWA Petitions with USCIS-Questions and Answers (June 30, 2009)
- Inquiry Process for T, U, and VAWA Applications (May 5, 2009)
- USCIS Response to National Network Letter Regarding VAWA Unit Operations (March 18, 2009)
- USCIS Issues Guidance for Approved VAWA Self-Petitioners (April 21, 2008)
- USCIS Memorandum Adjustment of Status for VAWA Self-Petitioner Who is Present Without Inspection (April 11, 2008)
- USCIS Interoffice Memo: Eligibility to Self-Petition as a Battered Spouse or Child of a U.S. Citizen or :Lawful Permanent Resident Within Two Years of the Abuser’s Loss of Status (October 31, 2005)
- USCIS Memo: Clarification of Classes of Applications Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005)
- Determinations of Good Moral Character in VAWA-Based Self-Petitions Purpose (January 19, 2005)
- USCIS Interoffice Memo: Age-Out Protections Afforded Battered Children Pursuant to the Child Status Protection Act and the Victims of Trafficking and Violence Protection Act (August 17, 2004)
- USCIS Memo Revised Guidance for the Child Status Protection Act (CSPA) (July 2004)
- USCIS Interoffice Memo: Extension of Validity Period for Notices of Prima Facie Case Issued in Connection with a Form I-360 Filed by Self-Petitioning Battered Spouse/Child (April 8, 2004)
- Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident (August 21, 2002)
- Revocation of VAWA-Based Self-Petitions, I-360s (August 5, 2002)
- Deferred Action Determinations for Self-Petitioning Battered Spouses and Children (USDOJ) (September 8, 2000)
- Field Guidance-Prima Facie Review of Form I-360 When Filed by a Self-Petitioning Battered Spouse/Child (March 27, 1998)
- DOJ Memo: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (May 6, 1997)
- DOJ Memo: Operating Policy and Procedure, Motions for Prima Facie Determinations and Verification Requests for Battered Spouses and Children (1997)
- EOIR: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997)
- DOJ Memo: Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996)
VAWA Confidentiality
- Three Prongs of VAWA Confidentiality
- DHS Broadcast Message on New 384 Class of Admission Code Alerting Personnel of a Victim Protected by VAWA Confidentiality Protections
- VAWA Confidentiality: History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections (Full version)
- VAWA Confidentiality and Breaches
- Family Court Bench Card on Violence Against Women Act (VAWA) Confidentiality (October 11, 2013)
- VAWA Confidentiality Interlineated Statute (March 31, 2018)
VAWA Self-Petitioner Benefits Eligibility
- Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (July 30, 2014)
- Public Benefits-What is “Deeming” and What Are its Exceptions (January 13, 2015)
- Immigrant Crime Victims and Public Charge-Post VAWA 2013 (August 14, 2019)
Housing
- Housing Provider Determinations of Battering or Extreme Cruelty for I-130 Applicant Battered Spouses and Children (December 2, 2016)
- List of Supporting Documents for the Webinar “Immigrant Access to Federally Assisted Housing” (February 22, 2017)
- How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (February 8, 2017)
- Powerpoint: Immigrant Access to Federally Assisted Housing (July 24, 2017)
Healthcare
- Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013)
- VAWA Self-Petitioner Victim Benefits under the Affordable Care Act (ACA) (June 18, 2014)
VAWA Self-Petitioner Benefits Eligibility – Government Agencies
Housing
- HUD-VAWA Self-Petitioner Verification Procedures (January 19, 2017)
- Eligibility of Battered Noncitizen Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016)
TANF
Education
- Student Aid Eligibility-Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (June 4, 2010)
- Eligibility for Title IV Aid for “Battered Immigrants Qualified Aliens” as Provided for in the Violence Against Women Act (U.S. Department of Education, October 2007)
Online E-Learning Resources
- April 22, 2020: “VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Assault Perpetrated by Citizen and Lawful Permanent Resident Family Members” (Webinar)
- Pro Bono Institute “Violence Against Women Act (VAWA) Self-Petition and U Visa” Online Training Modules
- October 31, 2017: “VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence” (Webinar)
- February 22, 2017: Immigrant Access to Federally Assisted Housing (Webinar)
Additional information on VAWA self-petitioning is available at: https://niwaplibrary.wcl.american.edu/topic/immigration/vawa-self-petition/
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.