The VAWA (Violence Against Women Act) I-360 petition allows certain spouses, children, and parents of U.S. citizens and permanent residents to self-petition for legal status without the abuser’s knowledge. An interesting fact is that President Joe Biden was one of the senators who sponsored and determined the requirements for the VAWA Act. He worked with on this Congress 30 years ago as the senator from Delaware.
Here are three SURPRISING AND SHOCKING things about the requirements:
1. No Need for Police Reports or Criminal Charges
Many might assume that to qualify for VAWA, there must be police reports, orders of protection, or criminal charges against the abuser. However, this is not the case. While such evidence can be helpful, it is not required for a VAWA I-360 petition. You can win VAWA without these reports. Victims can provide other forms of evidence, such as affidavits from friends, family members, therapists, or social workers who know about the abuse. This flexibility allows victims who may not have involved law enforcement to still meet the VAWA I-360 requirement and seek protection.
2. Good Moral Character Requirement
Petitioners must demonstrate “good moral character” to qualify for VAWA. Any criminal history or negative behavior could affect their eligibility for a VAWA I-360 petition. Attending a community organization, paying taxes, or volunteering can help. USCIS will review the petitioner’s criminal record and relevant behavior over the past three years. However, the law provides some flexibility. It understands that victims of abuse might have been coerced into illegal activities or have other mitigating circumstances.
3. Requirement to Prove the Abuser’s Status
The petitioner must provide evidence of the abuser’s U.S. citizenship or lawful permanent resident status to meet the VAWA I-360 requirement. This can be hard to do, especially if the petitioner has fled the abusive situation and does not have access to such documents. However, there are alternative methods to establish this requirement. These include submitting affidavits from others who have direct knowledge of the abuser’s status or using public records.
Understanding these aspects can provide clarity and potentially alleviate some concerns for those considering a VAWA I-360 petition.
We work on VAWA a lot! We get people approved for VAWA on a weekly basis for 20 years. Give us a call today to begin your case.