WHAT IS IT?WHY IS IT IMPORTANT?

WHO IS ELIGIBLE?WHAT IS THE PROCESS?

THE LAW OFFICES OF SUNITA KAPOOR

VAWA Self-Petitioning

What is the VAWA Act?

Violence Against Women Act (1995) is a provision of the Immigration and Nationality Act, codified in Section 204(a).

The act was reorganized and expanded in 2005 U.S. citizens or lawful permanent residents (LPRs)

may petition for immigration benefits on behalf of spouses and children, but some abusive citizens may take advantage of this by controlling the process.

Thus, under VAWA, battered spouses or children may self-petition for lawful permanent residence under the Act, without the batterer’s knowledge.

Why is self-petitioning important?

It’s important that the battering spouse is not aware of the petition because this may increase his violent behavior toward the petitioner.

Battering spouses may use the process of applying for Lawful Permanent Resident Status as a way to control their spouses and children.

The Law Offices of Sunita Kapoor recognizes the importance of preserving the safety and independence of the self-petitioner.

Who can self-petition?

Three categories may self-petition under VAWA:1) Parents of battered children

2) The battered spouse of a U.S. citizen or lawful permanent resident (LPR)

3) The battered child of a U.S. citizen or LPR. The child of the batterer must be under 21 and unmarried.

Requirements for VAWA Self-Petitioning

If a battered spouse, the petitioner must have been legally married to a U.S. citizen or LPR. A person may also petition if the marriage was terminated because of divorce or death of the abuse spouse, not more than 2 years ago.

The abuse must have taken place in the United States (unless the batterer is a U.S. government employee)

The self petitioner must be a person of good moral character, and

Must have entered into the marriage in good faith.

Requirements for VAWA Self Petitioning

If a battered child, the self-petitioner must meet the definition of “child” in the INA.

Any relevant credible evidence of the parent/child relationship is admissible.

How can a petitioner apply for benefits?

Complete and file USCIS form I-360 (Petition for Amerasian, Widow (er) or Special Immigrant).

Send the I-360 by certified return receipt mail to the Vermont Service Center

Note: if the batterer has filed an I-360 in the past, but it was withdrawn or pending, that form can be transferred to the self-petitioner so the wait time will be shorter.

To obtain a form, go to uscis.gov, or call 1-800-870-3676, or call the Law Offices of Sunita Kapoor at (713) 782-3332.

Prima Facie Determination

Some applicants who can establish a prima facie case automatically qualify for public benefits.

Those who qualify are given a Notice of Prima Facie Determination, which they can present for 150 days to state and federal agencies to obtain public benefits.

Adjustment to Permanent Resident Status

Self petitioners who are spouses and children of U.S. citizens can immediately file the I-485 (Application to Register Permanent Residence or Adjust Status), and do not have to wait for their immigrant visa number (this can take 2-10 years).

Employment Authorization

With an approved I-360, petitioning spouses and their children can file an I-785 (employment authorization) form.

The I-785 should be filed along with the I-360 approval and sent to the Vermont Service Center.

Appealing a Denial

A notice of appeal should be filed with the Vermont Service Center 33 days after receipt of the denial letter

Many petitions are denied because of missing information or incorrect forms.

Assistance with VAWA Self-petitioning

The process is complicated and all forms must be completed thoroughly. The process must be kept confidential.

Thus, it is a good idea to have help with the VAWA Self-petitioning process.

The Law Offices of Sunita Kapoor are experienced in handling VAWA self-petitioning cases.

We prepare and mail all necessary forms for you. Your case will always be kept confidential,. We

are dedicated to ensuring you are not denied Permanent Resident Status because of a technicality.

Contacting Us

The Law Offices of Sunita Kapoor is located at

2825 Wilcrest Dr. Suite 361Houston, TX 77042

Our office number:(713) 782-3332Our fax number:(713) 782-3339