Green card for VAWA Self petitioners
Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:
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A U.S. citizen spouse or former spouse;
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A U.S. citizen parent;
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A U.S. citizen son or daughter;
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A lawful permanent resident (LPR) spouse or former spouse; or
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An LPR parent.
Types of Domestic abuse considered under VAWA
If any of the following applies to you, you may qualify for VAWA.
If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.
You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.
If you are a VAWA self-petitioner seeking to adjust status as an immediate relative, you may file Form I-485 at any time because visas are always immediately available for immediate relatives. If you are a VAWA self-petitioner seeking to adjust under a family-based preference category, you may need to wait for a visa to become available.
If a visa is immediately available, you may file your Form I-485:
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Together (“concurrently”) with your Form I-360;
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While your Form I-360 is pending; or
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After your Form I-360 is approved (and remains valid).