Immigration

If you answer “yes” to any of the questions below, you may qualify for a VAWA self-petition but keep in mind that your abusive child or step-child must be age 21 or older:

• Is your abusive child or step-child a US citizen? (If your abusive child is a legal permanent resident, you do not qualify.)¹
  • Note: If your step-child is the abuser, you may qualify for a VAWA self-petition even if you are divorced from the abuser’s biological parent.²
• Did your abusive US citizen child die within the past two years?
• Did your abusive US citizen child lose his/her status within the past two years because of abuse?¹

Note: To qualify for a VAWA self-petition as an abused parent or step-parent, at least some of the abuse must have occurred when the U.S. citizen abuser was 21 or older.³

¹ INA § 204(a)(1)(A)(vii)
² Arguijo v. USCIS, 991 F.3d 736 (7^th Cir. 2021), USCIS Policy Manual, Volume 3, Part D, Chapter 2
³ INA 204(a)(1)(A)(vii)(V)