VAWA self-petitions
Laws, regulations, and policies.
Overview
Foreign nationals who marry a U.S. citizen, but who don’t yet have a Green Card, can falsely accuse their citizen spouse of domestic violence in order to fast-track their Green Card process. These perpetrators often file a false police report or protective order to generate evidence of abuse. This is VAWA fraud and is a felony under federal law.
Disclaimer: Please be aware that immigration law is one of the most complex bodies of law in the U.S. Code. A single fact can make a world of difference in the applicability of certain laws. Professional legal advice is highly advised before relying on these laws in specific matters.
Background
In 1994, Congress passed the Violence Against Women Act (VAWA), incorporated within the Violent Crime Control and Law Enforcement Act of 1994, that fundamentally changed the criminal justice system’s response to allegations of violence against women, with a particular focus on domestic violence, sexual assault, and stalking.
VAWA also invented a new immigration program called the “VAWA self-petition” which created a loophole for anti-fraud provisions within the Immigration Marriage Fraud Amendments Act of 1986 (Fraud Amendments). Due to widespread immigration marriage fraud, the Fraud Amendments had tightened the rules for marriage-based Green Cards. Instead of immediately being granted permanent residency, newly married immigrant spouses were granted only conditional residency for two-years. To prove the marriage was bona fide, the married couple were required to jointly file a petition to remove the conditions near the end of the conditional residency.
The VAWA self-petition program changed the rules for newly married immigrant spouses who merely allege to be victims of domestic violence by allowing them to secretly apply for a Green Card without the knowledge or consent of their American spouse. This program has opened the floodgates to the very type of immigration marriage fraud that the Fraud Amendments had once sought to prevent.
Statutes
8 U.S.C. § 1101(a)(51) – Definition of VAWA self-petitioner
8 U.S.C. § 1154(a)(1)(A) & (B) – Eligibility for VAWA
8 U.S.C. § 1154(a)(1)(J) – Evidence allowed
8 U.S.C. § 1154(a)(1)(K) – Work authorization
8 U.S.C. § 1255(a) – Adjustment of Status for VAWA self-petitioners
8 U.S.C. § 1641(c) – Public Benefits for VAWA self-petitioners
Regulations
8 C.F.R. § 204.1(a)(3) – Form I-360 requirement
8 C.F.R. § 204.1(f)(1) – Evidence allowed
8 C.F.R. § 204.1(g) – VAWA exemption from evidentiary requirements
8 C.F.R. § 204.2(c)(1) – Visa petitions for spousal VAWA self-petitioners
8 C.F.R. § 204.2(c)(2) – Eligibility for VAWA self-petitioners
8 C.F.R. § 204.2(c)(6) – Prima facie determinations
8 C.F.R. § 204.2(d) – Self-petitions by spouses on behalf of children
8 C.F.R. § 204.2(e) – Self-petitions by children
8 C.F.R. § 204.2(f) – Self-petitions for parents
8 C.F.R. § 204.2(g) – Self-petitions for siblings
Policies
USCIS Policy Manual
Volume 3 – Humanitarian > Part D – VAWA
Chapter 1 - Purpose and Background
Chapter 2 - Eligibility Requirements and Evidence
Chapter 3 - Effect of Certain Life Events
Chapter 4 - Filing Requirements
Chapter 6 - Post-Adjudicative Matters
USCIS Policy Alerts
VAWA confidentiality (PA-2023-14)
Form I-360 filing location
Joint residency and moral character (PA-2022-09)