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VAWA: Qualifying as an Abused Child or Stepchild of a U.S. Citizen or Resident

To qualify for VAWA (Violence Against Women Act) as an abused child of a U.S. citizen or lawful permanent resident (LPR) parent or step-parent, you must meet the following eligibility criteria:

  1. Qualifying Relationship
    • You must be the child of a U.S. citizen or lawful permanent resident (LPR).
    • The marriage that created the step-parent/stepchild relationship must have occurred before you turned 18.
  1. Abuse or Extreme Cruelty
    • You must have suffered physical abuse or extreme cruelty by your U.S. citizen or LPR parent/step-parent.
    • Extreme cruelty includes verbal threats, emotional abuse, intimidation, isolation, economic control, and other forms of mistreatment.
  1. Residence Requirement
    • You must have lived with the abusive U.S. citizen or LPR parent/step-parent at some point, though you do not need to be living with them at the time of filing.
  1. Good Moral Character
    • If you are 14 years old or older, you must demonstrate good moral character. This involves submitting Police Clearances and other proofs of good moral character like recommendation letters or payment of taxes.
  1. Filing Deadline
    • If you are filing as a self-petitioning child, you must apply before turning 21. However, you may still be eligible to file until the age of 25 if you can prove that the abuse was the main reason for the delay in filing.

If you meet these requirements, you may file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a self-petitioning child under VAWA.

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