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.
Tag: VAWA Self-Petition
[pdf] VAWA Self-Petitioning Flow Chart for Adults (June 17, 2019) (+)
Flowchart for determining VAWA self-petitioning eligibility for abused (battered or suffering from
extreme cruelty) adults.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Abused Children (June 17, 2019) (+)
Screening tool for victim service providers working with children who have been abused (physical or subjected to extreme cruelty) to determine eligibility for VAWA self-petitioning.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Abused Elders (June 17, 2019) (+)
Screening tool for elder abuse survivors to determine eligibility for VAWA immigration relief for survivors that have been battered or abused by U.S. citizen children.
[pdf] Sample Affidavit In Support for a Fee Waiver Request from USCIS (Template) (+)
Example of Affidavit in Support of Fee Waiver to USCIS for immigrant victims applying for VAWA self-petition, U visa waiver (I-192), Employment Authorization Document (I-765) and Adjustment of Status (I-485).
[pdf] Annoucement from USCIS: Issues Guidance for Approved Violence Against Women Act (VAWA) Self Petitioners Ability to Adjust Status (+)
Announcement from USCIS regarding the guidance issued on April 11, 2008, this announcement applies to an Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner who entered the United States without having been inspected and admitted or paroled.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] Defensa Para Mejorar Servicios Para Mujeres Emigrantes E Inmigrantes Maltratadas Que Viven En Comunidades Rurales (+)
Evidence Lists for VAWA self-petitioners in Spanish. Lista en español de documentos necesarios o útiles para un caso de inmigración para una auto-petición de víctima de violencia doméstica o maltrato cruel.
[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)
This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.
[pdf] DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996) (+)
DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996). This memo details the basic eligibility requirements for VAWA self-petitioning, adjustment of status, employment authorization, evidence in general, extreme hardship and battery and extreme cruelty. HQ 204-P
[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)
This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.
The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)
This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.
[pdf] Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015) (+)
This document details the range of behaviors that would constitute “battery or extreme cruelty” used by the Department of Homeland Security (DHS) and draws examples from decisions state court judges deemed abusive/domestic violence in granting civil protection orders and determining of family violence in family law cases.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Evidence Check List for Immigrant Victims Applying for VAWA Self-Petitioning (+)
The following is a list of the requirements that must be met by an applicant, and some suggestions of the type evidence that may be offered to meet each requirement for those applying for VAWA immigration case.