Under VAWA (the Violence Against Women Act of 1994), the abused family members of U.S. Citizens (USC) and Lawful Permanent Residents (LPR) may seek to self-petition for immigrant classification to permanently reside in the United States, without the knowledge or assistance of the U.S. Citizen or LPR abuser. If the abuser is a U.S. Citizen, the abused spouse, children (unmarried and under 21 years of age), or parents of that U.S. Citizen (if the Citizen is 21 years of age or older) may self-petition. If the abuser is a Lawful Permanent Resident, the abused spouse or children (unmarried and under 21 years of age) of that LPR may self-petition.

The self-petitioning applicant must establish a qualifying relationship, eligibility for the immigrant classification sought, that he or she was subjected to battery or extreme cruelty by the USC or LPR family member, that he or she does or did reside with the abusive USC or LPR family member, and that he or she is a person of good moral character. If the relationship is a spousal relationship then it is also necessary to prove that the marriage was entered into in good faith (and not for the purpose of circumventing immigration laws).

Self-petitioning applicants must also be admissible to the United States. That said, there are certain inadmissibility grounds that do not apply to VAWA cases, such as the public charge ground. Additionally, exceptions or waivers may be granted that take into consideration the abuse suffered by the applicant. For example, inadmissibility for unlawful presence in the United States may fall into an exception if there is a connection between the unlawful presence and the abuse suffered.

VAWA applicants may reside in the United States or outside of the United States at the time of the application. If outside of the United States, the applicants will undergo consular processing for an immigrant visa. If inside the United States, the applicants will apply for adjustment of status to a Lawful Permanent Resident. Even if the applicant entered the United States without inspection, admission, or parole, he or she is eligible to file for adjustment of status. The timing of the applications for an immigrant visa or adjustment of status will depend on the family-based category and whether it is one that is considered an “Immediate Relative” category or one that is a “Preference” category.

If the self-petitioning applicant is the spouse or child of the abuser, the applicant may petition for his or her children (unmarried and under 21 years of age) to receive derivative immigrant status.