by Mokolo LawWhat is VAWA And Who Qualifies in Texas?
The fear of losing legal immigration status and deportation can make some immigrants vulnerable. They remain in abusive relationships just to stay in the U.S., and this can become a powerful tool for abusers to control them. Fortunately, U.S. immigration law recognizes this vulnerability and provides a path to safety and independence through the Violence Against Women Act (VAWA), which has been renewed multiple times since its enactment.
In this blog post, we’ll provide insight into what VAWA is, who qualifies, and how the self-petition process works. This will empower immigrant survivors of domestic violence—who often face immeasurable emotional, physical, and legal challenges—with the knowledge they need to reclaim their freedom and future.
What is VAWA And Who Qualifies in Texas?
What is VAWA?
VAWA stands for the Violence Against Women Act, a U.S. federal law enacted in 1994. It provides vital protections for non-citizens who have suffered abuse by U.S. citizens or lawful permanent residents. One of the most important aspects of this law is the VAWA self-petition, which allows eligible individuals to apply with USCIS for immigration relief without the knowledge, consent, or cooperation of their abuser. VAWA applies to women, men, and children.
Who Qualifies?
Several requirements must be met and proven for an individual to be eligible to apply for VAWA. Eligible persons include:
- Spouses and former spouses (divorced within the last two years) of abusive U.S. citizens or lawful permanent residents.
- Children of abusive U.S. citizens or lawful permanent residents who file before turning 21 (or 25, if the delay is related to the abuse).
- Parents of U.S. citizens aged 21 and over.
- Parents of abused children of a U.S. citizen or lawful permanent resident.
Benefits of VAWA
After receiving a Prima Facie Approval letter, an individual may be entitled to public assistance, including:
- Medicare or Medicaid
- Public Housing
- Food Stamps
- Substance Abuse and Mental Health Services
- Temporary Assistance for Needy Families
- Protection from deportation
- Authorization to work lawfully
- Eligibility to apply for a green card
- Ability to include certain family members in the VAWA petition
Process of Filing for VAWA
You must complete and file Form I-360 (VAWA). You may choose a one-step process by filing the I-360 with the Form I-485 bundle simultaneously. If your abusive spouse is a green card holder, you may need to wait until your priority date becomes current before filing Form I-485.
Step 1: Submission of Your VAWA Application
The first step is submitting all required documents, including:
- Form I-360
- Your attorney’s G-28 form (if applicable)
- Your personal statement
- Evidence of extreme cruelty or battery
- Proof of the bona fides of your marriage (if applicable)
Ensure all required evidence and passport photos are included. There is no filing fee for VAWA applications.
Step 2: Receipt Notice from USCIS
After submitting your application, you will receive a receipt notice within two to six weeks. This confirms that USCIS has received your application. The receipt number can be used to track your case status online.
Step 3: Prima Facie Determination
Within four to six months, you will receive a prima facie determination notice. “Prima facie” means “at first glance.” This notice indicates your case appears to meet the basic eligibility requirements for VAWA, though it does not guarantee final approval.
Step 4: Biometrics Appointment
Around the same time, you will receive a biometrics notice, requiring you to visit a USCIS office to have your fingerprints and photo taken. If you filed for a work permit along with your VAWA application, you may receive it within eight to ten months.
Step 5: Request for Evidence (RFE) or Final Decision
The final stage involves either receiving an RFE or a final decision. An RFE is a request from USCIS for additional information. Although stressful, it offers you the chance to strengthen your case. It typically takes about three years from initial filing to receive a final decision.
During this waiting period, your prima facie determination can be renewed. In some states, it may also allow you to obtain a driver’s license and other benefits.
Documents for VAWA Application
In addition to Form I-360, you will need to include evidence that you meet all the requirements. This may include:
- A written declaration describing your relationship, the abuse, your good moral character, and other relevant details
- Police, hospital records, or court-issued protective orders showing evidence of abuse
- Police clearance records from any city where you lived for more than six months in the past three years, to demonstrate good moral character
- Proof that the abuser is a U.S. citizen or green card holder
- Proof of relationship (e.g., marriage or birth certificate)
- Proof of residence with the abuser
- Proof that you currently reside in the United States
Final Words
VAWA is a critical legal provision that provides protection and support to immigrant survivors of domestic violence. It helps restore confidence, improve safety, and uphold dignity. However, the VAWA application process can be complex and emotionally overwhelming.
If you believe you may be eligible for VAWA but are unsure about any aspect of the process, contact Mokolo Law Firm. Our experienced immigration attorneys will evaluate your case, review eligibility requirements, help gather necessary documents, and guide you step by step to determine your eligibility before proceeding with any immigration filing.