Undocumented immigrant women who are abused and living in the United States are isolated in a foreign country, in constant fear of deportation, and feel at the mercy of their spouse to gain legal status. To ensure that immigration law does not trap women in abusive relationships, the Violence Against Women Act (VAWA, 1994) enabled immigrant women to self-petition for legal status. Qualitative research methods were used in this participatory action research to investigate the experiences of Mexican immigrant women filing VAWA self-petitions. Emotional, financial, and logistic barriers in applying are identified, and recommendations for practice research and policy are provided.
Immigration > VAWA Self-Petition
Topic: VAWA Self-Petition
Materials for Violence Against Women Act (VAWA) Self-Petitioners
[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.
[pdf] Adjudication Forms I-212 for Aliens Inadmissible Under Section 212(a)(9)(C) or Subject to Reinstatement Under Section 241(a)(5) of the INA in light of Gonzalez v. DHS (+)
Memorandum superseding and rescinding entirely the March 31, 2006 memorandum entitles ‘Effect of Gonzalez v. Ashcroft on adjudication of Form I-212 applications filed by alien who are subject to reinstated removal orders under INA Section 241(a)(5)”
[pdf] VAWA Self-Petitioning Flow Chart for Child Applicants (+)
VAWA Self-Petitioning Eligibility Flow Chart for Abused Children
[pdf] Adjustment of Status for VAWA Self-Petitioner Who is Present Without Inspection (April 11, 2008) (+)
USCIS Memorandum providing guidance to USCIS adjudicators for adjudicating adjustment of status applications filed by VAWA self-petitioners who are present in the US without having been inspected and admitted or paroled.
[pdf] Guidance for Adjudication of Family-Based Petitions and I-129F Petition for Alien Fiance(e) Under the Adam Walsh Child Protection Safety Act of 2006 (+)
Title IV of the Adam Walsh Act, “Immigration Law Reforms to Prevent Sex Offenders from Abusing Children” contains two provisions that amend the Immigration and Nationality Act (Act). This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) field offices regarding the amendments made by the Adam Walsh Act to sections 204(a)(1)(A)(i), 204(a)(1)(B)(i), 101(a)(15)(K), and 237(a)(2)(A) of the Act.
[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)
Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.
[pdf] Adam Walsh Child Protection and Safety Act of 2006 (+)
This memorandum provides guidance for the initial implementation of the recently enacted Immigration Law Reforms to Prevent Sex Offenders from Abusing Children (Title IV of the Adam Walsh Child Protection and Safety Act of 2006).
[pdf] Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members Under The Child Status Protection Act Section 6 And Form I-539 Adjudications for V Status (+)
Memorandum to clarify when an alien beneficiary is eligible to exercise the “opt-out provisions” under section 6 of the Child Status Protection Act.
[pdf] VAWA 2005 Immigration Provisions (+)
While VAWA 1994 and 2000 made significant progress in reducing violence against immigrant women, there are still many women and children whose lives are in danger today. Many VAWA-eligible victims of domestic violence, sexual assault, child abuse, or trafficking are still being deported. Others remain economically trapped by abusers or traffickers in life-threatening situations. Some needy victims of family violence, including incest survivors and elder abuse victims, are totally cut off from VAWA’s immigration protections. Finally, many trafficking victims are too afraid to cooperate with law enforcement for fear that traffickers will retaliate against their family members. VAWA 2005 eliminates some of the major obstacles immigrant crime survivors face in achieving safety and legal immigration status.
[pdf] Violence Against Women and Department of Justice Reauthorization Act of 2005 (+)
Full text of 42 U.S.C. 13701, Violence Against Women and Department of Justice Reauthorization Act of 2005, to enhance judicial and law enforcement tools to combat violence against women; improving services for victims of domestic violence, dating violence, sexual assault, and stalking; protection of battered and trafficked immigrants; etc.
[pdf] DHS Question and Answer Sessions: VAWA (+)
Department of Homeland Security question and answer on the VAWA.
[pdf] 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 (+)
Memorandum providing guidance to USCIS officers regarding amendments made to the self-petitioning provisions of the INA by the VTVPA concerning the change in the self-petitioning eligibility requirements regarding the effect of an abuser’s loss of immigration status prior to the filing of and following the approval of a self-petition.
[pdf] Determinations of Good Moral Character in VAWA-Based Self-Petitions (+)
USCIS memorandum to inform U.S. Citizenship and Immigration Services (USCIS) adjudicators at the Vermont Service Center (VSC) of the change in the law concerning determinations of good moral character made in connection with VAWA-based self-petitions (Forms I-360).
[pdf] Age-Out Protections Afforded Battered Children Pursuant to The Child Status Protection Act and the Victims of Trafficking and Violence Protection Act (+)
Memorandum providing guidance to USCIS personnel concerning the Victims of Trafficking and Violence Protection Act of 2000 and the Child Status Protection Act concerning the interrelationship between the age-out provisions of these two laws.
[pdf] Improve Immigrant Victim Safety, Gain Protection from Deportation: Practice Tip – File Now, Get RFE-d Later (+)
An overview of ways to improve immigrant victim’s safety and gain protection from deportation.
[pdf] Extension of Validity Period for Notices of Prima Facie Case Issued in Connection with a Form 1-360 Filed by a Self-petitioning Battered Spouse/Child (+)
USCIS memorandum providing supplemental guidance to the Vermont Service Center regarding the handling of “Notices of Prima Facie Case” issued in connection with I-360 self-petitions by spouses and children of abusive US citizens and lawful permanent residences.
[pdf] The Child Status Protection Act- Memorandum Number 2 (+)
The purpose of this memorandum is to provide additional guidance to Service officers concerning this new law. As with the previous memorandum, while this memorandum will provide examples of cases that may be affected by the CSPA, it is impossible to anticipate and address every possible scenario.
[pdf] The Child Status Protection Act (+)
The purpose of this memorandum is to provide preliminary guidance to Service officers concerning the amendments made to the Act by the CSPA. While this memorandum will provide examples of cases that may be effected by the CSPA, it is impossible to anticipate and address every possible scenario. As a note, the sections of the CSPA that address children of asylees and refugees will be addressed in a separate memorandum.
[pdf] Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident (+)
Memorandum discussing eligibility and required evidence for a battered “intented spouse” (i.e. a battered alien who believed s/he was married to a U.S. citizen or Legal Permanent Resident, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR) to self-petition.
[pdf] H.R. 1209 Child Status Protection Act (+)
Memorandum regarding amendments to the INA by the Child Status Protection Act.
[pdf] Revocation of VAWA-Based Self-Petitions (I-360s) (+)
Memorandum discussing new policy to ensure consistency in adjudication of VAWA-based self-petitions due to the issuance of intent to revoke I-360 petitions that were approved by the Vermont Service Center. The new policy gives the Vermont Service Center sole authority to revoke an approved VAWA-based self-petition.
[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
[pdf] Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce (+)
Memorandum describing change to the VAWA self-petition provisions made by VTVPA that preserves self-petitioning eligibility for former spouses if the marriage was legally terminated during the 2-year period immediately preceding the filing of the self-petition.
[pdf] Documentary Requirements for VAWA Cases (February 2014) (+)
Under the Violence Against Women Acts (VAWA) of 1994 and 2013, battered immigrant women may be eligible for two kinds of immigration relief: 1.) VAWA self-petitions and 2.) VAWA cancellation of removal (formerly suspension of deportation). These two forms of relief can lead to lawful permanent residence for the applicant. The following memo lists the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. The regulations accompanying VAWA recommend the submission of certain types of documents with the self-petition. Some of these are named below. The Immigration and Naturalization Service (INS) is required, however, to consider “any credible evidence”. The suggested evidentiary documents in this memo are meant to be guidelines, and not exhaustive descriptions of the types of evidence that may be offered to support a petition under VAWA.
[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)
This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.
[pdf] Deferred Action Determinations for Self-Petitioning Battered Spouses and Children (+)
Supplemental memorandum with regard to the Vermont Service Center’s authority to extend the period of validity for deferred action determinations.
[pdf] Trafficking Victims Protection Act of 2000 Part II (+)
Report, with Minority Views, to accompany H.R. 3244. The Committee on the Judiciary, to whom was referred the bill (H.R. 3244) to combat trafficking of persons, especially into the sex trade, slavery, and slavery-like conditions, in the United States and countries around the world through prevention, through prosecution and enforcement against traffickers, and through protection and assistance to victims of trafficking, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.
[pdf] Deferred Action Determinations for Self-Petitioning Battered Spouses and Children Approved I-360 Petitions (+)
Memorandum outlining changes in Service procedures for deferred action determinations on behalf of battered aliens who have approved i-360 self-petitions.
[pdf] Field Guidance Re: Prima Facie Review of Form 1-360 when Filed by a Self-Petitioning Battered Spouse/Child (March 27, 1998) (+)
DOJ Memorandum giving field guidance directed specifically for the Vermont Service Center.
[pdf] Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)
Memorandum moving VAWA self-petitioning adjudications to a centralized unit the “VAWA Unit” at the Vermont Service Center. This memo moved VAWA self-petitioning adjudications from INS field offices and regional service centers across the country to the VAWA Unit for adjudication VAWA self-petitioning applications filed by abused immigrant spouses and children who had suffered battery or extreme cruelty perpetrated by their U.S. Citizens and lawful permanent resident spouses and parents.
[pdf] Memorandum: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)
Memorandum from Paul Virtue outlining changes in the handling of I-360 self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues.
[pdf] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)
Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.
[pdf] VAWA Self-Petitioning Regulations – Interim Rule (March 26, 1996) (+)
Federal Register: Petition to Classify Alien a s Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children. This interim rule amends the Immigration and Naturalization Service (“the Service”) regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse or parent. It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A
qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification.
[pdf] Employer’s Affidavit Template (+)
A template for an affidavit from the spouse’s employer regarding employment.
[pdf] Operating Policy and Procedure Memorandum 97-9: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
This Operating Policy and Procedure Memorandum concerns the procedures for handling a verification process to identify those aliens whose applications for suspension of deportation have been granted under section 244(a)(3) of the Immigration Nationality Act (INA) and the procedures for handling a motion for prima facie determination for those aliens, who have a pending application for suspension of deportation under 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA before an Immigration Judge. This memorandum is addressed to assistant chief immigration judges, immigration judges, court administrators, and support staff.