VAWA is a U.S. law that provides protection and a pathway to permanent residency for victims of domestic abuse. Although the name of the law refers to women, it applies to victims of any gender. VAWA allows certain spouses, children, and parents of U.S. citizens or lawful permanent residents who have suffered abuse to file a self-petition for permanent residency without the need for the abuser's support.
To be eligible for VAWA, it is necessary to meet at least one of the following criteria:
The applicant must be or have been married to a U.S. citizen or lawful permanent resident and must have suffered physical abuse or extreme cruelty by the spouse. The law also covers divorced spouses, as long as the divorce occurred within two years before the petition and is related to the abuse.
The applicant must be the father or mother of a U.S. citizen and must have suffered physical abuse or extreme cruelty by the child.
The applicant must be the child of a U.S. citizen or lawful permanent resident and must have suffered physical abuse or extreme cruelty by the parent.
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Yes. If you have children or a spouse abroad who were included in the initial petition, they will need to apply for visas to enter the United States.
Yes, it is possible to move to another state while the U-Visa is pending. However, it is important to follow some guidelines to ensure that the move does not interfere with the processing of the application:
Following these steps will help ensure that your move does not cause complications in the processing of your U-Visa.
Yes, an immigrant can leave the United States while their U-Visa application is pending, but they must be cautious and aware of some important considerations. The U-Visa is intended for victims of certain crimes who have assisted or are assisting authorities in investigating or prosecuting these crimes.
Here are some crucial points to consider:
Therefore, while it is possible to travel outside the United States while awaiting U-Visa processing, it is essential to do so with caution and proper legal preparation to avoid compromising the application.
Lack of cooperation may result in the denial or revocation of the U-VISA.
Yes, spouses, children under 21 years old, and, if the applicant is under 21, parents and siblings under 18 years old.
After the U-Visa process is approved, and after 3 years of continuous presence in the U.S. with the U-Visa, the petitioner may apply for permanent residency (green card).
No. The process is confidential and the abuser is not notified.
Yes, children under 21 years old can be included as dependents.
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