Common VAWA Questions — Directly From USCIS

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No. Since October 28, 2000, you may file Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married. If you are not still married when you file, you must meet one of these exceptions:

• You believed you were legally married to your abusive spouse, but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
• Your abusive spouse died within 2 years of filing the petition.
• Your abusive spouse lost or renounced his citizenship or lawful resident status due to an incident of domestic violence.
• Your marriage to your abusive spouse was terminated within the 2 years before filing, and there is a connection between the termination of the marriage and the battery or extreme cruelty.

After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition.

One caution from USCIS itself: its older regulations still say you must be married at the time of filing, but USCIS is obligated to follow the statute — and USCIS suggests seeking advice from an immigration attorney or legal advocate about this provision.

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Yes. Since October 28, 2000, you may file Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty.

USCIS also mentions a different path — abused spouse cancellation of removal — with its own requirements, including being physically present in the United States for 3 years immediately before filing that application, and demonstrating that your removal would result in extreme hardship to you or your child. That is court relief, not this library’s topic — talk to an immigration attorney about it.

USCIS gives its remarriage rule inside this same answer — see the first question above.

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Yes. VAWA is not only for women, even though the law’s name mentions women — it protects victims of any sex.

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If your petition is denied, the denial letter will tell you how to file an appeal. You may file a Notice of Appeal, along with the required fee, at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office (AAO) in Washington, D.C.

33 days is short — if you get a denial, contact an immigration attorney immediately.

I-130 priority date fecha de prioridad petition for alien relative petición familiar

Yes — in a good way. If you are the beneficiary of a Form I-130, Petition for Alien Relative, filed by the abusive spouse, parent, or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. USCIS calls this extremely important, because it may result in an earlier priority date and a shorter waiting time for getting a Green Card.

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USCIS says you may contact the USCIS field office nearest your home for a list of community-based, nonprofit organizations that may be able to assist you in applying for an immigration benefit — and USCIS has a Finding Free Legal Advice page with more.

USCIS also points to the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD), which has information about shelters, mental health care, legal advice, and other assistance, including information about self-petitioning for immigration status.

In this library: see Find Real Help for verified legal help, and the DV Hotline card in Safety & Scams if you need help right now.