The VAWA allows certain victims of battery or extreme cruelty to self-petition for legal immigration status (a Green Card) without the knowledge or cooperation of the abuser.
SIJS is a pathway to a Green Card for children under the age of 21 who have been abused, neglected, or abandoned by one or both parents.
Attorney Francis Yankey, Esq., and the Yankey Law Group provide dedicated, confidential, and expert assistance to victims and minors seeking these critical forms of relief:
Disclaimer: This information is for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing. If you are a victim of domestic violence or extreme cruelty, you should seek immediate consultation with a qualified immigration attorney such as Francis Yankey, esq. or a Department of Justice (DOJ) accredited representative specializing in VAWA cases to discuss your specific situation and legal options.
The Violence Against Women Act (VAWA) is a comprehensive U.S. federal law first enacted in 1994. In the context of immigration, VAWA provides a mechanism for certain noncitizen victims of abuse to “self-petition” for lawful permanent resident (Green Card) status without the knowledge, consent, or involvement of the abuser. This crucial provision is designed to prevent U.S. citizen (USC) or Lawful Permanent Resident (LPR) abusers from using their victim’s immigration status as a means of control and leverage.
The immigration provisions of VAWA are codified in the Immigration and Nationality Act (INA) and allow qualifying victims to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, independently of their abusive relative.
The scope of relief extends to noncitizens who have been subjected to battery or extreme cruelty by a qualifying USC or LPR relative. This abuse is not limited to physical violence and often includes psychological, emotional, sexual, and financial abuse, as well as threats of violence or deportation.
Eligibility for a VAWA self-petition depends on the relationship to the abuser and the abuser’s status:
| Self-Petitioner Category | Abuser’s Status | Key Eligibility Requirements |
| Battered Spouses of U.S. Citizens or Permanent Residents | U.S. Citizen (USC) or Lawful Permanent Resident (LPR) | Must have entered the marriage in good faith (not solely for immigration purposes), have resided with the abuser, and be a person of Good Moral Character (GMC). Eligibility may continue if divorced within the two years prior to filing, provided the divorce was related to the abuse. |
| Battered Children of U.S. Citizens or Permanent Residents | USC or LPR parent or step-parent | Must be unmarried and under 21 at the time of filing (in some cases, up to age 25 if the delay in filing was related to the abuse). Must have resided with the abuser and, if 14 or older, be of GMC. |
| Battered Parents of U.S. Citizens | U.S. Citizen son or daughter who is 21 or older | Must have been subject to battery or extreme cruelty, have resided with the abuser, and be of GMC. (Note: Parents of LPRs are not eligible under VAWA self-petitioning). |
USCIS reviews VAWA petitions using the “any credible evidence” standard, which means any relevant and credible evidence is considered, and secondary evidence (like affidavits) can be used if primary evidence is unavailable.
Evidence must establish the qualifying relationship to the abuser and the abuser’s USC or LPR status.
This is typically the most critical element and can be proven through:
The petitioner must show they have been a person of good moral character for the three years immediately preceding the filing.
VAWA mandates strict confidentiality. USCIS will not disclose the filing of the petition to the abuser and will only communicate with the self-petitioner or their legal representative. This ensures the safety of the petitioner and their children.
Navigating the VAWA process is highly complex and requires expert legal strategy to maximize the chance of approval while ensuring your safety.
The Yankey Law Group is dedicated to helping survivors pursue VAWA relief. Contact us today for a confidential consultation.
Yankey Law Group
After the Form I-360 is approved, the self-petitioner may apply for lawful permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
To obtain the Green Card, the applicant must also demonstrate admissibility to the U.S. (including passing a medical exam and background check) or qualify for a VAWA-specific waiver of inadmissibility. Upon I-485 approval, the individual becomes a Lawful Permanent Resident.
Disclaimer: This guide provides general information only and is not legal advice. The process for obtaining Special Immigrant Juvenile Status (SIJS) is complex, involving both state (juvenile/family) court and federal (USCIS) proceedings. State laws regarding custody and dependency vary significantly. The time limits are strict, and missing a deadline can result in a child losing eligibility. If you or a child you know may be eligible for SIJS, you must seek immediate, confidential legal consultation from a qualified immigration attorney such as Francis Yankey, esq.
Special Immigrant Juvenile Status (SIJS) is a classification under U.S. immigration law that provides a pathway to lawful permanent residency (a Green Card) for certain undocumented children who have been abused, neglected, or abandoned by one or both parents.
Congress created SIJS to offer protection and a path to stability for vulnerable non-citizen children who cannot be safely reunited with one or both parents due to parental abuse, neglect, or abandonment. The law acknowledges that children in these situations should not be deported back to a country where they would face the same dangers or lack of care.
The SIJS process is unique because it requires action from both a state-level court and a federal immigration agency:
To qualify for SIJS, an applicant must satisfy all of the following requirements at the time of filing the immigration petition (Form I-360) with USCIS:
The applicant must:
The applicant must be physically present in the United States at the time of filing the Form I-360 and at the time of the final decision. SIJS cannot be applied for from abroad.
This is the most critical and difficult stage. The child must first obtain a valid order from a state court (a juvenile, family, or probate court) that has jurisdiction to make decisions about the child’s custody and care. This order must include three specific Special Findings (or “predicates”) under state law:
The court must declare the child:
The court must find that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law. This finding determines the parental relationship that led to the child’s need for court intervention.
The court must determine that it is not in the child’s best interest to be returned to their or their parent’s country of nationality or last habitual residence. This is a crucial finding that provides humanitarian relief.
The state court process can involve filing for guardianship, custody, adoption, or a dependency petition to bring the child under the court’s jurisdiction. The attorney’s primary role at this stage is to prove the facts of the abuse, neglect, or abandonment under state law and to obtain the court order that explicitly makes the three required SIJS Special Findings.
Once the state court issues the order with the Special Findings, the application shifts to the federal level. The applicant (or their attorney/guardian) must submit:
USCIS reviews the I-360 petition and supporting evidence, including the state court order, to determine if the child qualifies for the SIJS classification under federal law. A critical part of the USCIS review is ensuring that the child sought the court order primarily to obtain relief from abuse, neglect, or abandonment, rather than primarily to obtain an immigration benefit.
An approved SIJS petition grants the child a path to a Green Card. The final step is to file Form I-485, Application to Register Permanent Residence or Adjust Status.
The SIJS process involves complex state and federal court procedures and strict age-out deadlines. We strongly recommend not to attempt this process alone.
The Yankey Law Group has the experience and compassion to handle these sensitive and time-critical cases, guiding children through both the state court and USCIS processes to secure the legal protection and stability they deserve.
Contact the Yankey Law Group for a confidential consultation to protect the future of a vulnerable child.
Yankey Law Group
