Visitor Visa

VAWA Self-Petitioning – Protection for Victims of Abuse

The Violence Against Women Act (VAWA) allows certain victims of domestic abuse to self-petition for lawful immigration status, work authorization, and permanent residency without the knowledge or cooperation of their abusive spouse, parent, or child.

What Is the VAWA Act?

Part of the Immigration and Nationality Act (INA 204(a))
First passed in 1995 and expanded in 2005
Available to both men and women
Designed to protect spouses, children, and parents of abusive S. citizens or lawful permanent residents (LPRs)

Who Can Self-Petition Under VAWA?

● Spouses of abusive U.S. citizens or LPRs
● Children under 21 and unmarried who are abused by a U.S. citizen or LPR
● Parents of abused children

Requirements for VAWA Self-Petitioning

● Must have been legally married to the abusive U.S. citizen or LPR
● If divorced or the abusive spouse died, the petition must be filed within 2 years
● The abuse must have occurred in the U.S. (exceptions apply for U.S. government employees)
● Must demonstrate good moral character
● The marriage must have been entered in good faith, not solely for immigration purposes
● Any credible evidence of abuse is admissible

Definition of Abuse Under VAWA

Includes, but is not limited to:

Physical, emotional, or psychological abuse
Extreme cruelty
Economic control and threats
Social isolation, coercion, or house arrest

Prima Facie Determination

If USCIS determines the petition has merit, they may issue a Notice of Prima Facie Determination
This allows access to certain public benefits for 150 days

Adjustment of Status to Permanent Resident

Self-petitioning spouses and children of U.S. citizens can file Form I-485 immediately
Those with an approved Form I-360 may also apply for a work permit (Form I-765)

Appealing a VAWA Denial

You must file a notice of appeal within 33 days of receiving the denial letter
Many denials occur due to incomplete forms or missing evidence—legal assistance is strongly recommended

Our VAWA Support Services

At the Law Offices of Sunita Kapoor, P.C., we offer:

Full preparation and submission of all required forms
Confidential case handling
Guidance through every step of the process
Strong attention to detail to avoid denials due to technical errors

Visitor Visa

– Some of the basis for granting B 2 Visa

Tourists.
Social visits to friends or relatives.
Health purposes.
Participate in conventions of social organizations.
Participate in amateur musical, sports or similar events without remuneration.
Dependents of U.S. armed forces personnel, to name a few.

Must have foreign residence.
Must not have intention of abandoning foreign residence.
Must be visiting temporarily for pleasure.
Must show strong ties to home country such as employment, family and social ties.
Must have enough finance to carry out the purpose of the visit.
Must have permission to enter foreign country at the end of stay.

Passport must be valid for 6 months at the time of entry.
Request for a Change of status within 60 days of entry is viewed to have preconceived intent. For example B2 to F-1 or H-1B or B2 really immigrant.
Current policy-automatically given 6 months of stay but proposed rule seeks to replace it with a 30 day period.
Multiple entry visa holders may be questioned at the port of entry about the reasons of their frequent visits if person had been leaving and returning every six months. The entry may be denied or given only for limited days for the stated reason.

Have Any Questions?

Vawa

Visitor Visa

VAWA Self-Petitioning – Protection for Victims of Abuse

What Is the VAWA Act?

Who Can Self-Petition Under VAWA?

Requirements for VAWA Self-Petitioning

Definition of Abuse Under VAWA

Prima Facie Determination

Adjustment of Status to Permanent Resident

Appealing a VAWA Denial

Our VAWA Support Services

Visitor Visa

Are you facing abuse or domestic violence? Call us to know Immigration options for you. See this slide section for more information.

VAWA Self-Petitioning

What is the VAWA Act?

Why is self-petitioning important?

Who can self-petition?

Requirements for VAWA Self-Petitioning

Abuse- Definition and Types of Abuse

Prima Facie Determination

Adjustment to Permanent Resident Status

Employment Authorization

Appealing a Denial

Assistance with VAWA Self-petitioning

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