Divorce does not affect your eligibability for VAWA. However you must file your VAWA petiion within 2 years of the divorce to remain eligabile for VAWA.

If the abuser dies and you have already filed your VAWA petition, it does not effect your eligibility – you may still get VAWA.

If the abuser dies before you file your VAWA petition and your abuser was a US citizens, then you must file your VAWA petition within 2 years of the abusers death. If you file before the 2 year deadline you may still get VAWA.

However, if the abuser dies before you file your VAWA petition, and your abuser was a legal permanent resident (not a US citizen), then you are not eligible for VAWA – you will not get VAWA.

If the abuser losers their status as a US citizen or legal permanent resident, it does not affect your eligibility for VAWA. However, you must file your VAWA petition within 2 years of the abuser losing their status or you may lose your VAWA eligibility. You must also show that the reason for the abuser losing their status was because of the domestic violence.

Yes they can! Your child may be included in your VAWA petition, and gain status if your petition is approved. However, the child may not be over the age of 21, and must be unmarried at the time you file your petition. Because of the Child Status Protection Act of 2002 (CSPA) the child’s age is frozen from the time you file your VAWA petition.

It depends on the severity of the crime, and when it took place. You must be able to show good moral character for 3 years before the VAWA petition is filed. If you committed a crime within that 3 year period you may be ineligible for VAWA depending on the severity of the crime.

It does not matter what status the abuser had when the abuse occurred. He may have been undocumented at the time. What matters is that they eventually because a US citizen or legal permanent resident.

VAWA petitioners have access to several waivers for grounds of inadmissibility. The following are the grounds that might make someone inadmissible: (1) health or illnesses, (2) criminal conduct, (3) security concerns, (4) false claims to US citizenship, (5) unlawful presence. Note, that being a public charge does not apply to VAWA cases. 

There are waivers to several of these grounds of inadmissabiltiy. To qualify for a waiver you must show “hardship” to yourself.

Typically no. If your abuser never became a US citizen then you are not considered an immediate relative for immigration purposes and cannot immediately file the I-485 or concurrently file the I-485 with your I-360. You will have to wait till your visa becomes current before filing the I-485. Currently, as of February 2024, the wait time is about 2 years for most countries and cases involving a spouse of a LPR.

No. People who are basing their adjustment of status on an approved VAWA petition are exempt from the affidavit of support requirement.

Yes! There are three methods that you can use to work legally under VAWA.

First Method: If you can file your I-360 (VAWA Petition) and your I-485 (Adjustment Application) at the same time, then you can also file your I-765 (Work Request) with the other two forms. This is known as applying under C(9) eligibility (based on a pending adjustment of status application). This is the fasted way to get work authorization under VAWA because you can work before your VAWA petition is approved. If you are not eligible to file your I-485 with your I-360 (perhaps because you cannot adjust status) then you may still receive work authorization using the following two methods.

Second Method. When you file your I-360 you may request that work authorization within the I-360 form. If you do this you will get work authorization when your I-360 is approved. This is known as filing under the C(31) eligibility (based on an approved I-360). 

Third Method. Finally, you may be able to get work authorization if you can show economic necessity. You would apply for work authorization under the C(14) category (based on deferred action)

Typically, you can travel anywhere within the United States. You may not travel outside of the United States while your VAWA is pending unless you have another status, or you get something called “Advanced Parole.”

Advanced Parole is a travel document that allows travel outside of the United States, and return to the United States without a visa. Its typically used by individuals with pending application to travel abroad and come back the United States.

Being adopted does not effect your eligibility for VAWA as a child victim. However, your adoption must have taken place before you turned 16 in order for it to be a valid adoption for immigration purposes.

Step children may apply for VAWA. However, the marriage between your biological parent, and the abusive step-parent must have occured before you turned 18.

For child victims, if the VAWA application is already filed, and the abuser dies then the child remains VAWA eligible – they can still get VAWA.

However, if the VAWA application has not yet been filed, and the abuser dies, the child is no longer eligible for VAWA. 

If the abuser losers their status as a US Citizen or Legal Permanent Resident, it does not affect your eligibility for VAWA. However, you must file your VAWA petition within 2 years of the abuser losing their status or you may lose your VAWA eligibility.

Yes they can! Your child may be included in your VAWA petition, and gain status if your petition is approved. However, the child may not be over the age of 21, and must be unmarried to get this status.

It depends on the severity of the crime, and when it took place. You must be able to show good moral character for 3 years before the VAWA petition is filed. If you commited a crime within that three year period you may be ineligble for VAWA depending on the severity of the crime.

No, you may not file after the age of 25.

Yes! There are three methods that you can use to work legally under VAWA. Please note, some state laws do not allow people under 16 from working.

First Method: If you can file your I-360 (VAWA Petition) and your I-485 (Adjustment Application) at the same time, then you can also file your I-765 (Work Request) with the other two forms. This is known as applying under C(9) eligibility (based on a pending adjustment of status application). This is the fasted way to get work authorization under VAWA because you can work before your VAWA petition is approved. If you are not eligible to file your I-485 with your I-360 (perhaps because you cannot adjust status) then you may still receive work authorization using the following two methods.

Second Method. When you file your I-360 you may request that work authorization within the I-360 form. If you do this you will get work authorization when your I-360 is approved. This is known as filing under the C(31) eligibility (based on an approved I-360). 

Third Method. Finally, you may be able to get work authorization if you can show economic necessity. You would apply for work authorization under the C(14) category (based on deferred action)

Unfortunately, your abusive child must be a US citizen for you to be eligible for VAWA. If your abusive child is only a legal permanent resident then you do not qualify for VAWA.

If the abuser dies it does not affect your eligibilty for VAWA, but you must file your VAWA petition within 2 years of the abuser’s death in order to remain VAWA eligible.

If the abuser losers their status as a US Citizen it does not affect your eligibility for VAWA. However, you must file your VAWA petition within 2 years of the abuser losing their status or you may lose your VAWA eligibility.

Yes they can! Your child may be included in your VAWA petition, and gain status if your petition is approved. However, the child may not be over the age of 21, and must be unmarried to get this status.

Yes they can! Your child may be included in your VAWA petition, and gain status if your petition is approved. However, the child may not be over the age of 21, and must be unmarried to get this status.

It depends on the severity of the crime, and when it took place. You must be able to show good moral character for 3 years before the VAWA petition is filed. If you committed a crime within that three year period you may be ineligible for VAWA depending on the severity of the crime.

You may apply for work authorization immediately upon applying for VAWA if you file the I-485 concurrently with your VAWA petition. This is filing the I-765 under C(9) – pending adjustment application. If you cannot file your I-485 concurrently (perhaps because a visa is not current) you may still apply for work authorization under C(31) or C(14) categories, but it has a longer wait time.

You have one year after you last entered the United States to apply for asylum.

You may file after the one year deadline if you can show exceptional circumstances stopped you from filing. You may also file past the one year deadline if you can show changed circumstances in your life or your country.

If your children are 21 years or younger and unmarried, and within the United States they may be included in your asylum application. If you win asylum status, so do they.

Once your asylum application has been filed with USCIS, and you have waited 150 days, you may apply for a work authroization card. USCIS will adjudicate your work request after another 30 days (180 days total since you filed the asylum application). Once you have your work authorization card you may legally work in the United States while your asylum application is pending.

No, each person must have their own TPS application.

Yes, you must renew your TPS during designated re-registration periods set by the US goverment. This is typically every 18 months.

Your children do not automatically get TPS status if you get TPS status. There is no derivative TPS status. Your children may be able to apply for TPS on their own. If your children qualifies for TPS they will get their own TPS status.

Once your TPS application is approved you may work immediately if you submitted a work authorization request with your TPS application. If you did not submit this request with your TPS application, you may submit one after your TPS is approved. Please note, submitting a work authorization request after TPS has been granted results in a longer wait time for work authorization then if you had submitted the request with your initial TPS application.

You may be able to renew late if you can show good cause for the filing delay. However, late filings might leave gaps in your work authorization. Also, late renewal leave you deportable until your late renewal is approved.

The TPS renewal period usually lasts for about 60 days. If you have TPS you will need to file your renewal within that 60 day window.

Your children may gain status if they apply for TPS on their own. There is no derivative TPS status. 

Yes. To renew your work authorization card you would file a new I-765 with your TPS renewal application.

Depends on when you applied for your TPS based work authorization renewal. If you filed your I-765 before October 26, 2023, and have not received your new card, you may still work with the old card for an additional 540 days after the expiration of the card. This 540 day extension was created because of the current backlog at USCIS.

No, while typically children who apply for SIJS usually do it once they are in immigration court proceedings you may apply while outside of the court system.

Your parents do not have to be abusive for you to apply for SIJS. Sometimes children are granted SIJS simply because one or both parents could not care for them.

Depends on the type of conviction. If your conviction is considered a “juvenile delinquency” that conviction should not count against you or stop you from getting SIJS.

Depends on the state where you live. Some states, like Arizona, have juvenile courts that will still issue a predicate order even after the child turns 18, but before they turn 21. Other states, however, will not issue the necessary order after someone has turned 18. 

Yes, once you receive SIJS protection your may work legally in the United States.

Yes. Per the USCIS website, “USCIS will continue to accept initial requests, but per the order, not process initial DACA request.” In other words, they will accept them and put them in a queue, but cannot process them at this time.

Unfortunately no. You may not work legally in the United States under DACA until it is approved.

Yes. Per the USCIS website, “USCIS will continue to accept initial requests, but per the order, not process initial DACA request.” In other words, they will accept them and put them in a queue, but cannot process them at this time.

Unfortunately no. You may not work legally in the United States under DACA until it is approved.

Yes. If you were the victim of a crime within the US, it does not matter that you are now outside the US. However, you may have to attend an interview at your nearest consulate rather then in the United States at a USCIS office.

Maybe. U visa applicants have access to more waivers then the common applicant. You may need a waiver included in your application.

Maybe. Witnesses to crimes might qualify for U visas if they are considered indirect or bystanderd victims of the crime. 

Some family members can gain status if you get a U visa. If you are under the age of 21 then your spouse, children, parents, and unmarried siblings (under 18) may gain status. If you are over 21, your spouse and unmarried children under 21 may gain status (not siblings).

Yes. Once the U visa is approved, if you are within the US, you will be sent a work authorization card automatically – you do not need to file a I-765. However, if you are applying from outside the US you will have to file a I-765 once you enter the United States to get a work authorization card.

Yes. If you were the victim of severe human trafficking within the US, it does not matter that you are now outside the US. However, you may have to attend an interview at your nearest consulate rather then in the United States at a USCIS office.

Maybe. T visa applicants have access to more waivers then the common applicant. You may need a waiver included in your application.

Some family members can gain status if you get a T visa. If you are under the age of 21 then your spouse, children, parents, and unmarried siblings (under 18) may gain status. If you are over 21, your spouse and unmarried children under 21 may gain status (not siblings or parents).

Yes. Once the T visa is approved, if you are within the US, you will be sent a work authorization card automatically – you do not need to file a I-765. However, if you are applying from outside the US you will have to file a I-765 once you enter the United States to get a work authorization card.

To qualify for a U visa is you must be a direct or indirect victims of a list of approved qualifying crimes. To qualify for a T visa you must be a victim of severe human trafficking, such as labor trafficking or sex trafficking. A U visa applicant needs to show “substantia physical or mental abuse” as a result of the crime. While a T visa applicant must show “extreme hardship” if deported. These are just a few of the ways that U and T visa’s are different.