Hola mi gente, this is attorney María Mendoza writing to you once again. This time, we’ll talk about the possibility of leaving the country with the VAWA visa, as well as all the things you need to consider when you want to travel and are under VAWA protection.
The VAWA visa (Violence Against Women Act) is a humanitarian visa for those who have suffered abuse or domestic violence in the United States. This visa, though initially created to protect women, is available to anyone who has been a victim of abuse.
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What is the VAWA visa?
The VAWA visa was created under the Violence Against Women Act, legislation that protects people who have suffered abuse or violence from their spouses, parents, or children who are U.S. citizens or lawful permanent residents (LPR). This visa allows victims of abuse to file a self-petition to obtain their immigration status without needing to depend on their abuser to obtain legal residency in the U.S.
VAWA visa applicants can receive certain benefits such as:
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Work authorization.
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The possibility of obtaining permanent residence.
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Protection from deportation.
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Who can apply for the VAWA visa?
The VAWA visa is available to three main groups of people who have been victims of abuse:
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People married to a U.S. citizen or legal resident.
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People separated or divorced from a U.S. citizen or legal resident, as long as no more than 2 years have passed since the date of the divorce.
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People with a U.S. citizen child over the age of 21.
To qualify under this law, the applicant must demonstrate that they have been a victim of physical, emotional, or psychological abuse.
VAWA visa application process
Applying for the VAWA visa involves following a specific process, which includes filing a self-petition, known as Form I-360. Below are the key steps:
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Gathering evidence: To succeed in the application, the petitioner must provide evidence of the abuse suffered, such as affidavits, medical reports, photos, and third-party testimonials corroborating the situation.
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Form I-360: This form is crucial for the VAWA visa application and must be submitted to the United States Citizenship and Immigration Services (USCIS). When completing it, the applicant should include all documentation proving their eligibility for the program.
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Processing and waiting: Once Form I-360 is submitted, the processing time may vary. During this period, the applicant may continue residing in the U.S. legally and, in some cases, receive work authorization.
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Adjustment of status: If the VAWA self-petition is approved, the applicant may proceed to adjust their status to obtain permanent residence (Green Card). This process involves submitting Form I-485.
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Can you leave the country with the VAWA visa?
One of the most important aspects for VAWA visa applicants is knowing if they can leave the country while their application is being processed or after obtaining status under VAWA. The answer to this question depends on the stage of the immigration process.
During the processing of the application
While the VAWA visa application is being processed, it is generally not recommended to leave the country. Applicants who leave the U.S. without proper authorization may face difficulties when trying to return. However, it is possible to apply for a document known as Advance Parole, which allows VAWA visa applicants to temporarily leave the U.S. and return without losing their pending immigration status.
To obtain Advance Parole, Form I-131 must be submitted along with the adjustment of status application. It is important to remember that while Advance Parole allows re-entry into the country, it does not automatically guarantee re-admission.
After approval of the VAWA visa
Once the VAWA self-petition is approved and the status is adjusted to permanent resident, the beneficiary obtains the Green Card. At this point, they have the same rights as any other permanent resident, including the ability to travel outside the United States. However, some considerations must be kept in mind:
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Length of stay outside the U.S.: Permanent residents planning to stay outside the country for more than six months should be prepared to explain the reason for their extended absence and provide evidence that they do not intend to abandon their U.S. residence.
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Re-entry into the U.S.: If the permanent resident plans to be outside for more than one year, it is recommended to apply for a re-entry permit to avoid complications.
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Additional benefits of the VAWA visa
In addition to immigration protection and the possibility of obtaining permanent residency, the VAWA visa offers a range of additional benefits, including:
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Access to social programs: VAWA visa beneficiaries may be eligible for certain social assistance programs, including medical aid.
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Access to support services: Non-governmental organizations and other entities offer support services to abuse victims, such as counseling, legal assistance, and temporary shelters.
The VAWA visa is a completely confidential humanitarian visa that protects victims of abuse by U.S. citizen or permanent resident family members. It is important to mention that the only way to travel outside the U.S. for a short period while in the process of applying for the VAWA visa is with the help of Advance Parole. At The Mendoza Law Firm, we understand that this process can be complicated and lengthy without the guidance of experienced attorneys or a legal firm specializing in these types of cases. That’s why we invite you to contact us if you or someone you know is going through one of these situations.
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