How VAWA Helps Abused Immigrants Gain Legal Status
The Violence Against Women Act (VAWA) includes immigration provisions to protect non-resident victims of domestic violence. Though other VAWA provisions expired in 2018, the immigration provisions do not require congressional reauthorization and, therefore, remain in effect. This means that non-citizens and non-residents are still entitled to legal protection in the immigration process.
If you or a loved one is the victim of domestic violence, our experienced immigration attorneys can help you file for legal immigration status. Your petition does not depend on the abuser’s consent – in fact, the abuser does not even have to be notified about your petition. However, you may be wondering – how long does it take for a VAWA abused spouse petition approval?
Read on to learn more about the wait time for VAWA abused spouse petitions and what you can expect during the process.
The Process of Filing a VAWA Petition
Filing a VAWA petition allows abused spouses, parents or children of US Citizens or Lawful Permanent Residents (LPRs) to apply for immigration relief independent of their abuser. Here’s a general overview of the process:
Eligibility:
- You must be the spouse, child, or parent of a US Citizen or LPR.
- You have experienced battery or extreme cruelty from your US Citizen/LPR spouse, parent, or child.
Steps:
- Gather Evidence: Collect documents that prove the abusive relationship and your status. This can include police reports, medical records, court orders, photos, witness affidavits, and anything showing your connection to the US Citizen/LPR (marriage certificate, birth certificate, etc.).
- File Form I-360: Submit your petition using the designated form and include all supporting documentation. You may also seek a fee waiver if you cannot afford the filing fees (currently $435).
- Apply for Work Authorization: Once your petition is approved, you can apply for work authorization, which allows you to work legally in the US.
- Adjustment of Status: Once your petition is approved, you can file for Lawful Permanent Residence (Green Card) in the US; if you are outside the US, you must wait for your visa to become available before entering.
How Long Does It Take for a VAWA Abused Spouse Petition Approval?
The current average processing time for Form I-360 is six months to two years. However, several factors can significantly impact the wait time:
- Document Submission: If your petition is missing any required documentation or contains errors, it will be rejected, and you will have to resubmit. This can add months to the overall processing time.
- Backlog of Cases: Due to a backlog of immigration cases and limited resources, some petitions may take longer to process.
- RFEs: Requests for Evidence (RFEs) are issued if USCIS needs additional information or evidence to make a decision on your petition. This can delay the process, and you must respond promptly to avoid further delays.
- Interviews: In some cases, USCIS may request an interview with the petitioner before making a decision on the petition. This can add additional time to the process.
- Staffing shortages and government shutdowns can also affect the processing times for VAWA petitions.
Because this process can be lengthy, abuse victims need to put safety plans and support systems in place before starting the immigration process. Here in the Miami area, there are hotlines available to all victims of domestic violence. These hotlines can connect victims with a network of resources, such as shelters, information about restraining orders, and medical services.
It is essential to understand that victims can access these resources regardless of their immigration status. The National Domestic Hotline has information available to immigrants about the methods of coercion a citizen may use to abuse a non-citizen and the services that are available to those without legal immigration status.
By accessing these services, victims can become less dependent upon their abuser. This is also the goal of a VAWA immigration petition: by obtaining legal immigration status on their own, victims will not be reliant upon their abusers for permission to be in the United States.
Schedule a Free Case Evaluation With a Miami Immigration Lawyer
United States immigration law has protections for victims of domestic violence. It is critical for abuse victims to gain their lawful immigration status independent of an abuser. By becoming legally independent of an abusive relationship, victims can help ensure their safety and that of their children and family members.
If you are an abuse victim, call The Law Office of Tatiane M. Silva, P.A. today at (305) 895-2500 or contact us online to talk to an immigration lawyer in Miami. We are here to help you through the entire immigration process and advocate for your rights as a victim of domestic violence. Let us help you take the first step towards a brighter future.