VAWA is a rule that permits the partner, spouse, and child of an acrimonious United States national or legal permanent resident to apply for a green card via self-petition. Using VAWA, an individual can make an application for a green card by themselves and do not require the assistance of their abusive partner or parent.
VAWA is a solid immigration choice for females and males. In this article, we will clarify the VAWA conditions to assist you in understanding what is required to be eligible.
Table of Contents
The Main Requirements For VAWA
- You are required to be in an eligible relationship with an acrimonious or abusive United States national or legal permanent resident.
- You must have lived in the United States when the VAWA petition was filed and with the vicious United States national or legal permanent resident at some time.
- The vicious individual is required to be either a United States national or a legal permanent resident.
- You are required to have experienced abuse at the hands of a United States national or legal permanent resident.
- You are required to be an individual of good conduct behavior.
The guide below will clarify each of these primary conditions in detail.
Eligible Relationship With A United States National Or Legal Permanent Resident
The first condition to be eligible for VAWA indicates that you must be in an eligible relationship with a United States national or legal permanent resident. There exist three eligible relationships:
Wedded To A United States National Or Legal Permanent Resident
One of the paths to be eligible for VAWA is to be a person whom a United States national or legal permanent resident partner constantly abuses. To be eligible to use this relationship, you must indicate that you went into an actual marriage with a United States national or legal permanent resident.
To ascertain an actual marriage, you must show that you planned to develop a life together at the time of the marriage. If the marriage were executed mainly for relocation advantages, this would not be eligible as a good-faith nuptial.
Another point that should be mentioned is that you may still be eligible for VAWA even if you are not married to a vicious partner. To be eligible, you must indicate that the marriage was separated within the last 24 months before applying for VAWA. Again, you are required to indicate that the annulment of the marriage was associated with the abuse of the partner.
Abused Child Of A United States National Or Legal Permanent Resident
You may as well be eligible for VAWA if you are a child whom a United States national or legal permanent resident constantly abuses. To be eligible, you must indicate that you own a parent or child relationship with the vicious parent.
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Parent Of Abusive United States National
You may as well be eligible for VAWA as the abused parent of a United States national. To be eligible under this class, you are required to indicate that the abusive United States national is your child and that they are a minimum of 21 years old.
Resident Prerequisite
There exist two prongs to the residence prerequisite:
- To be eligible for VAWA, you must live in the United States when the VAWA petition is filed. Suppose you do not live in the United States when the VAWA petition was filed. In that case, you are required to indicate that the United States national or permanent resident subjected you or your child to severe maltreatment or battery in the United States or that the acrimonious United States national or legal permanent resident is a worker of the United States government or a member of the uniformed services.
- You must have lived with the vicious United States national or legal permanent resident at some point.
Citizenship Status Of The Abuser
To be eligible for VAWA, the vicious person must be a United States national or a legal permanent resident.
Exemption
Suppose the abusive United States national or legal permanent resident is no longer a United States national or lawful permanent resident. In that case, you may prospectively still be eligible for VAWA if you file the VAWA plea within 24 months of the abusive United States national or legal permanent resident’s forfeiture of status if the forfeit of status was associated with domestic violence.
You Are Required To Have Suffered Abuse
To be eligible for VAWA, you are required to indicate that you suffered abuse while living with the United States national or legal permanent residence spouse or parent. Or maybe you are the parent of an abusive United States child, and you are required to indicate abuse at the hands of the United States national child.
To indicate abuse, you are required to show that you have maybe been battered or you went through severe cruelty. Abuse is described by the law to be any action or harmful act of violence that has to do with rape, psychological abuse, forced prostitution, or incest.
Good Conduct Behavior
To be eligible for VAWA, you must indicate that you were an individual of good conduct behavior for the 3-year before filing your VAWA plea. To show good conduct, we generally attach police clearances from every town where the abused individual settled for at least six months. Again, we also attach tax returns and statements from friends and relatives of the abused individual, which testify to the reality that the abused individual is an individual of good conduct behavior.
