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VAWA (Violence Against Women Act) Self-Petitions

Domestic violence victims who are not U.S. citizens or lawful permanent residents have two options available to them if they wish to stay in the country: U visas or VAWA self-petitions. This blog will focus on the process by which a non-citizen can apply for a green card through the Violence Against Women Act (VAWA). 

Who Qualifies?

While the perpetrator of domestic violence in a U visa case does not have to be a U.S. citizen or lawful permanent resident, that is not so for VAWA cases. To be eligible for protection under a VAWA visa, you must be the victim of “battery or extreme cruelty” that is committed by either:

  • A spouse, former spouse or parent who is a U.S. citizen or Lawful Permanent Resident (LPR)
  • A son or daughter who is a U.S. citizen (victims of domestic violence from children who are Lawful Permanent Residents are generally not eligible to self-petition for VAWA)

If one of the above options applies to you, you must also prove to the USCIS that you have a good moral character. If you are a victim of domestic violence perpetrated by your spouse, you must also show that you entered the marriage in good faith and previously intended to build a life with your spouse or former spouse. Additionally, you must show a connection between your divorce and the abuse you suffered (if you are divorced). Another point to be aware of is that you and your spouse must have lived together at some point. This can be used to show that your marriage was entered in good faith. 

The VAWA Process

To begin the process of receiving an adjustment of status and getting your green card through VAWA, you must submit Form I-360. This form is used for several different types of petitioners, but your official designation will be “Battered Spouse, Child or Parent of U.S. Citizen.” When you submit the form to the USCIS, you will also need to submit the applicable fees. 

After you have completed and submitted your petition, you should receive a notice from the USCIS that it has received your application. The agency may request additional documentation or an in-person interview. There is no guarantee that you will be accepted or of the total time needed to process, but you can expect around two years for everything to finalize (and for you to be granted a green card). This is a fraction of the time needed for a U visa. 

Conclusion

Every case involving someone who is seeking a green card or citizenship in the U.S. is an emotional process, but we recognize that VAWA cases take on an extra importance and added sensitivity. RelisLaw is dedicated to helping anyone navigate the U.S. immigration system and reach their ultimate goal. Our firm offers free 10-minute calls to prospective clients; call us at 1-800-514-4290 to get started today.

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RelisLaw

We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

DOWNLOAD: YOUR STEP-BY-STEP GUIDE TO E-2 VISA SUCCESS

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.		 – The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
GET YOUR STEP-BY-STEP E-2 VISA GUIDE NOW
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