VAWA Petition FAQs

Is it possible to request or receive a fee waiver?

A fee waiver can be requested for the I-485 and the I-765. The I-360 doesnt require a fee waiver since it has no fee. The request for the fee waiver is made on Form I-912. USCIS generally grants a fee waiver to applicants who:

• Receive a means-tested benefit. Have a low income, about 150% below poverty guidelines. They are able to demonstrate financial hardship.

Are there translations provided for client phone calls and/or interviews?

Sadly, there arent resources to provide translators. This is why is wise hiring a bilingual attorney who can translate or handle important documents for you. You can also have you own translator but he or she cannot be a family member. If all of these fail, try to find volunteer interpreters who would like to help.

Do foreign documents require translation?

Yes, this is required except when the forms are written in both English and a foreign language. For instance, some passports may have all the information printed in English and in the Countrys official language.

Should letters of support from family be notarized?

Its highly recommended to notarize them but its not required as long as the letters are signed by the person who wrote them.

Do I have to prove that my marriage to a U.S citizen was in good faith?

If you cant prove that your marriage with the abuser was entered in good faith, you will not be granted a green card with the VAWA self-petition. In other words, your intention was not to take advantage of U.S. immigration laws. However, you may qualify for a U visa if you have suffered severe injuries and have useful information to provide to the authorities. In this case, you will not be asked questions about your marriage but immigration fraud will count when going over your U visa petition.

Should I cooperate with law enforcement officials?

You should definitely provide helpful information to the law enforcement official. This helps you qualify to submit a Certification of Helpfulness in order to assist law enforcement with deciding if you are helpful to them and whether or not they will grant you the certification. The more details provided the more evidence about the crime. This helps investigate and prosecute those who victimize you. However, this certification falls under the U visa category.

Do I need to show moral character for my VAWA to be approved?

You must show good moral character in order for your VAWA to be approved. Regardless of the visa you apply for, you will have to submit sufficient evidence to qualify. Its advisable to seek the legal counsel of an immigration attorney before you apply.

Are there any restrictions on VAWA petitions?

VAWA self-petitions dont have restrictions, unlike the U visas where the law has limited the number of visas given to 10,000 per year. This means the applicants may have to wait, which will ultimately hurt their eligibility.