Can I Apply for VAWA if I Entered Illegally?

Many people live undocumented in the United States for years because they are unaware of the available immigration relief options. Additionally, they fear consulting with an immigration attorney due to their illegal entry into the country, believing this will prevent them from adjusting their status. However, this is not always the case. There are programs like the Violence Against Women Act (VAWA) that waive certain grounds of inadmissibility. 

In today’s article, we will explain why some attorneys say you can “adjust your status without leaving the country” thanks to VAWA. 

Key Aspects of VAWA 

Although the name refers to women, men can also apply for VAWA if they are victims of abuse or extreme cruelty committed by: 

• A spouse or ex-spouse who is a U.S. citizen or lawful permanent resident (LPR). 

• A parent who is a U.S. citizen or LPR. 

• A child who is a U.S. citizen and over 21 years old. 

What Does the Application Involve? 

You can file a self-petition under VAWA using Form I-360. Your family member, on whom the petition is based, does not need to know that you are applying if you do not want them to. These cases are entirely confidential. 

If your self-petition is approved and you meet other eligibility requirements, you can apply for lawful permanent residence (green card). 

What If I Entered Illegally? 

One of the requirements to apply for permanent residency is having a legal entry into the United States. However, in the case of VAWA, this is not necessary. Let’s see what the law says.  

On the official USCIS website, it clearly states that VAWA is exempt from all bars to adjustment of status. Therefore, you can apply even if you entered illegally.

Link: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants 

Additional Considerations 

However, you might be ineligible for other violations of the law, so you may need to apply for a waiver, such as Form I-601 or Form I-212, if you have been deported or have a deportation order. 

Seek Legal Advice 

If you or someone you know is in an abusive situation and needs to adjust their immigration status, seek specialized legal advice. VAWA not only offers a second chance but also hope for a better and safer future, as it can protect you from deportation. 

We remind you that submitting a VAWA application with USCIS is now free, as well as applications for work permits, travel permits, and residency. 

Visit our resources page for detailed information on the requirements, application process, and benefits of VAWA. Remember, there are options available and support for those who need it. You are not alone; we are with you every step of the way.