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A person who has been abused by their U.S. Citizen (USC) or Lawful Permanent Resident (LPR) family member can self-petition under the Violence Against Women Act (VAWA). Despite the name, men (and women) are eligible. A VAWA petition allows an abused self-petitioner to petition independently without the involvement of his or her abuser who can be either a USC or LPR family member. Children of self-petitioners are automatically included in the VAWA self-petition. Successful VAWA petitioners are entitled to employment authorization cards (EAD). A VAWA self-petitioner may file their I-360 concurrently with their application to adjust status to a lawful permanent resident if their abuser was a U.S. citizen. A VAWA self-petitioner whose abuser is a LPR may file their I-360 and could be granted “deferred action” and once their priority date becomes current, may be eligible to adjust status and obtain a green card. VAWA self-petitioners may consular process and can even self-petition if he or she is in removal (deportation) proceedings.
A self-petitioning applicant must satisfy the following requirements:
VAWA applications are highly document sensitive that undergo careful analysis based on the self-petitioning nature of the application in which there is no USC or LPR involvement. If you believe that you are eligible to self-petition under VAWA, contact the Law Firm of Kyce Siddiqi immediately for a in-depth consultation.