This immigration form is intended to provide relief for noncitizen immigrants who are facing abuse, or whose children are facing abuse from a relative who is either a lawful permanent resident or U.S. citizen.
Created under the Violence Against Women Act (VAWA), the form allows a battered person (female or male) to self-petition the federal government to change his or her immigration status without the abuser knowing. Normally, a noncitizens’ immigration status is dependent on his or her relative, who is a legal permanent resident or U.S. citizen. In order for the noncitizen to remain in the country and become a citizen, he or she must rely on the relative to petition the government on his or her behalf. If the relative is abusive to the noncitizen, then they may use their power to subject that person to further abuse.
Let’s explore this scenario with an example case. Victoria’s husband immigrates to the United States and becomes a lawful permanent resident. He applies for a family visa for Victoria to join him in the U.S. While living their new life in America, Victoria’s husband becomes aggressive toward her. When it’s time for Victoria to update her immigration status and apply for permanent residency, her husband threatens to derail her application unless Victoria agrees to his demands. Through VAWA, Victoria can safely change her immigration status without her husband knowing.
Form I-360 has an Alternative/Safe Address option. Many petitioners may decide that for their safety, they wish USCIS to direct their correspondence to another address (not the petitioner’s home address). The petitioner can elect to do this by filling in Part 1, Item Number 7 of their form. This address can be a relative’s home, a post office box, an attorney’s office or a community based organization that is helping you. |
The U.S. government offers a few different immigration options for noncitizens who face domestic abuse, VAWA and the U Visa are two options. Selecting which visa to apply for depends on your circumstances and whether you are safe enough to bring charges against your abuser. Below are some of the highlighted differences:
U Visa
Learn more about U visas by reading this article.
VAWA
If you need help deciding on which visa to apply for, please request an assessment with our immigration attorneys.
Petitioners can apply if they have a qualifying relative. A qualifying relative is the abusive family member who is either a lawful permanent resident (LPR) or U.S. citizen. Petitioners can be:
If the petitioner is filing as a spouse who is married to an abusive LPR or U.S. citizen, then the marriage must be legal and entered into in good faith (not married for immigration benefits). The abuse must have taken place in the United States, (or abroad if the abuser is a U.S. government employee) where they lived together. A spouse can also apply if they recently divorced or the abusive spouse died, so long as the petitioner files within two years of the event.
If the petitioner is a child of an abusive parent who is an LPR or U.S. citizen, then the petitioner must be unmarried and under the age of 21. He or she must have resided with the abusive parent either in the United States or abroad if the abuser is a government employee. If the petitioner is over the age of 14, then he or she must supply evidence of good moral character.
Before your I-360 can be submitted, the petitioner will need to collect and attach to their form various types of evidence. In order for USCIS to approve an I-360 VAWA visa, they must make sure that the petitioner is married to, or is a child or parent of a U.S. citizen or LPR. They will also be looking to see that the petitioner has good moral character and was the victim of abuse at the hands of the qualifying relative.
Below is a list of types of evidence to include. However, this list is not meant to be exhaustive and is largely case dependent.
Note: our Colorado immigration attorneys recommend compiling an evidence folder that utilizes many different types of evidence – don’t just send one or two things that are similar – send a variety of evidence for proving your good moral character, relationship with the abuser and evidence of abuse.
Those who have criminal marks on their record, like drug abuse, may be ineligible to become permanent residents. However, waivers do exist to help immigrants with “bad marks,” but the type of waiver depends on the person’s individual circumstance.
It’s best to contact a Robinson & Henry immigration attorney who can help identify any background check issues and how they can be addressed before your I-360 is submitted. Request an assessment online or call us at 303-688-0944. Si gustarÍa hablar con nosotros en español, por favor llámenos al 720-359-2442.