Violence Against Women
Act (VAWA)
How to identify and refer
victims for services
Violence Against Women Act (VAWA)
Originally enacted in 1994 and
reauthorized in 2000 and 2005
 Created in part as a response to special
vulnerabilities of immigrant domestic
violence victims
 Similar to family-sponsored application,
but does not require assistance of the
abuser

Who can file a VAWA selfpetition?
1.
2.
3.
4.
Abused spouses or former spouses of U.S.
citizens or lawful permanent residents
(LPR);
Abused children of a U.S. citizen or LPR;
Abused parents of a U.S. citizens sons or
daughters; and
Non-abused spouses who are parents of a
child abused by a U.S. citizen or LPR
parent, if filing jointly with his or her child’s
petition.
What does the self-petitioner
have to show?
Status of the abuser
 Marriage (or parent/child relationship)
 Abuse
 Residence
 Good moral character

Status of the abuser
Is or was a U.S. citizen or LPR
 Can self-petition within 2 years of
abuser losing status as long as loss of
status is related to the abuse

Marriage issues
Self-petitioner is or was married USC or
LPR abuser
 Includes common law marriage where
recognized by law
 Marriage must have been entered into
in “good faith”
 Stepchildren are included

Abuse issues
Battery – 1 incident of physical violence
is sufficient
 Extreme Cruelty – verbal/psychological
abuse that goes beyond normal marital
problems; any other form of domestic
violence that does not involve battery
 “Any credible evidence” standard
applies

Residence issues
Lived with the abuser in the U.S.
(current or prior)
 Either lives in the U.S., was subjected to
abuse by LPR or USC spouse in the
U.S. or the abuser was an employee of
the U.S. government or armed forces

Good Moral Character
Self-petitioner is person of GMC for 3
years prior to filing
 Waivers are available if conduct is
related to the abuse

Mechanics of filing
Form I-360 filed with Vermont Service
Center with supporting documents
 If approved, self-petitioner is granted
deferred action and is eligible to apply
for a work permit
 Can apply for adjustment of status to
become LPR

Questions
For more information contact:
Erica Schommer
Texas RioGrande Legal Aid, Inc.
300 S. Texas Blvd
Weslaco, TX 78596
(956) 447-4806
Eschommer@trla.org