Immigration

You may be able to file for lawful permanent residence at the time of filing the VAWA self-petition or you may need to wait several years after the self-petition is approved before you can file, depending on various factors, which we discuss below.

If you answer “yes” to any of the questions below, you and your attorney may be able to file for your lawful permanent residence at the same time that you file your VAWA self-petition (Form I-360) or at any time after that:

• Is/was the abuser your US citizen spouse?
• Is/was the abuser your US citizen parent?
• Is/was the abuser your US citizen child who is age 21 or older?¹

If your abusive spouse or parent is a lawful permanent resident, you may have to wait several years to file for lawful permanent residence. Exactly when you can file is determined by a complicated system.² You will need to work with an immigration attorney to figure out when you can file, what forms you will need to use, and what else you will need to show. If you file the wrong forms, fill them out incorrectly, or do not explain why any special barriers that apply to you should not count, your application may be denied, leaving you vulnerable to deportation or being placed into removal proceedings.

¹ INA § 201(b)(2)(A)(i)
² USCIS website – Visa Availability and Priority Dates