The USCIS has updated their policy guidance on VAWA—Violence Against Women Act, which allows battered immigrants to petition for legal status in the U.S. without relying on an abusive U.S. citizen spouse. The change is in accordance with Executive Order 14012, Restoring Faith in Our Legal immigration system, which the Biden Administration signed for the purpose of removing barriers that impede access to immigration benefits and fair, efficient adjudications of these benefits.[1]
In order to file for an adjustment of status as an immigrant married to a U.S. citizen, you would normally need to rely on your spouse for sponsorship (per I-485 requirements). However, the VAWA self-petition rule allows individuals who have experienced such hardships to be exempt from this requirement and file for an adjustment by attaching a completed I-360 form(which can be found on the USCIS website).
What’s Changed
In order to qualify for a VAWA self-petition, the USCIS outlines several eligibility requirements, which can be found here. However, based on the updated policy guidance that is effective immediately, the USCIS is changing their initial requirement for shared residence. If you think you qualify for a VAWA self-petition at this point in time, you no longer need to be actively living with your spouse. The only demonstration that is now needed for adjudicative purposes is to show the USCIS that you were living with your spouse at any time in the past when filing the self-petition. However this should include at least some substantial period of time to prove residence.
In addition, the USCIS will uphold their decision to allow stepchildren to be able to apply for a VAWA self-petition if they have been involved in an abusive situation as well. The USCIS does not differentiate even if the parent and stepparent have divorced.
If you believe that you qualify for a VAWA self-petition, it is a good idea to make sure you satisfy the other conditions laid out above on the USICS eligibility page.
