WHO IS ELIGIBLE FOR A VAWA GREEN CARD?
VAWA allows those who are spouses, immediate relatives, or dependents of U.S. citizens or lawful residents to petition the U.S. for their own Green Card. However, under some complicated scenarios, those who are not the direct recipient of the violence may also apply under VAWA. Eligibility includes:
Those who are suffering abuse by a spouse who is a U.S. citizen or legal resident;
Those who have children who are suffering abuse by a spouse who is a U.S. citizen or legal resident; and
Children who are suffering abuse by a parent or other guardian.
The act may specifically name women, but men and children may still apply for a Green Card under VAWA given that certain conditions are met. For instance, if one man is being abused by his husband (who is a U.S. citizen or legal resident) the other man may apply under VAWA. In addition, if a wife is abusing her children, the husband may apply under VAWA to protect the children.
WHAT ARE THE CRITERIA FOR ELIGIBILITY?
In addition to being of a protected class of either those who are being abused by legal residents or those who have children who are being abused, there are other criteria for eligibility. These include
GOOD FAITH MARRIAGE REQUIREMENT
You must show that you entered into a marriage with the abuser in good faith. In other words, USCIS will investigate your marriage to ensure that you did not enter the marriage solely for the purpose of bypassing citizenship or legal resident status requirements.
EVIDENCE OF ABUSE
You will need to provide some evidence that you are the victim of battery or cruelty. This can include witness testimony and medical reports. Your own testimony will be considered evidence as well.
RESIDENCY REQUIREMENT
You will need to prove that either you or your child (if they were the recipient of abuse) actually lived with the individual who was abusive.
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YOUR OWN CONDUCT IS IMPORTANT
Lastly, your own conduct can impact your eligibility under VAWA. If you have any arrests over the past three years, the courts will consider that when examining your case.
What exactly constitutes good moral character? Legally, “good moral character” equates to an average standard or moral character and a person’s obligations under the law. While it’s easy to identify what good moral character is, it’s even easier to say what it isn’t. In other words, certain offenses can hinder your immigration status.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
