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615-530-5360
·
[email protected]
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Mon - Fri 09:00-17:00
Request A consultant

Nashville VAWA & SIJS Immigration Lawyer | Yankey Law Group

VAWA (Violence Against Women Act), SIJS (Special Immigrant Juvenile Status) and how Attorney Francis Yankey can help

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:

  • Dedicated and Confidential Legal Representation
  • Expert Guidance through Complex VAWA and SIJS Cases
  • Comprehensive Service for Related Immigration Needs (e.g., , Hardship Waivers)
  • Serving Nashville, Tennessee, and Clients Across the U.S. and Worldwide

In-depth guide on VAWA (Violence Against Women Act) Self-Petition

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.

What is VAWA?

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.

Purpose and Scope of the Act

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 Self-Petitioners (Spouses, Parents, Children)

Eligibility for a VAWA self-petition depends on the relationship to the abuser and the abuser’s status:

Who is Eligible for a VAWA Self-Petition?

Self-Petitioner CategoryAbuser’s StatusKey Eligibility Requirements
Battered Spouses of U.S. Citizens or Permanent ResidentsU.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 ResidentsUSC or LPR parent or step-parentMust 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. CitizensU.S. Citizen son or daughter who is 21 or olderMust 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).

Required Evidence and Documentation

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.

Proof of Relationship

Evidence must establish the qualifying relationship to the abuser and the abuser’s USC or LPR status.

  • Documents: Marriage certificates, birth certificates, divorce decrees (if applicable), adoption papers, or other official records.
  • Abuser’s Status: Copies of the abuser’s U.S. passport, Certificate of Naturalization, or LPR Green Card. If these are unavailable, the applicant should detail all efforts made to obtain them.
  • Good Faith Marriage (Spouses): Joint leases, joint bank statements, tax returns filed jointly, correspondence, or affidavits from people who know the couple.

Proof of Abuse (Physical, Emotional, or Extreme Cruelty)

This is typically the most critical element and can be proven through:

  • A detailed personal declaration/affidavit by the petitioner describing the abuse chronologically.
  • Affidavits/sworn statements from witnesses (friends, neighbors, clergy, co-workers) who observed the abuse or its effects.
  • Police reports, protection/restraining orders, or court records.
  • Medical records, X-rays, or photographs of injuries.
  • Records from therapists, counselors, social workers, or domestic violence shelters.

Proof of Good Moral Character

The petitioner must show they have been a person of good moral character for the three years immediately preceding the filing.

  • Documents: A personal declaration, employment records, school records, letters from community members, and police clearance records.
  • Note: USCIS can waive certain negative factors related to GMC if the petitioner can show they were connected to or resulted from the battery or extreme cruelty.

The VAWA Application Process

Filing Requirements and Timeline

  1. Filing: File Form I-360 with the USCIS Vermont Service Center (VSC). There is no filing fee for a VAWA self-petition.
  2. Initial Review: USCIS reviews the evidence and may issue a Prima Facie (PF) Determination Notice. This notice provides eligibility for certain public benefits while the petition is pending.
  3. Approval and Benefits: Upon approval of the I-360, the petitioner is granted Deferred Action (protection from deportation) and becomes eligible to apply for an Employment Authorization Document (EAD), or work permit.
  4. Timeline: I-360 processing times can be extensive, often taking over a year or more.

Confidentiality and Safety Concerns

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.

Seek Legal Assistance?

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

  • Call Now: 615-530-5360
  • Office Hours: Mon – Fri 09:00-17:00
  • Address: 301 S. PERIMETER PARK DRIVE Suite 218 Nashville, TN, 37211

Path to Permanent Residency (Green Card) after VAWA Approval

Adjustment of Status (Form I-485)

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.

  • Immediate Relatives (Spouses/Parents/Children of USCs): Victims of USC abuse are considered “Immediate Relatives” and can often file the I-485 concurrently with the I-360, or immediately after the I-360 is approved, as visas are always immediately available.
  • Preference Category (Spouses/Children of LPRs): Victims of LPR abuse must wait for an immigrant visa to become available in the F2A category (Spouses and Minor Children of LPRs) according to the Visa Bulletin.

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.

In-depth guide on SIJS (Special Immigrant Juvenile Status)

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.

What is SIJS?

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.

Protecting Abused, Neglected, or Abandoned Children

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 Dual Role of State and Federal Law

The SIJS process is unique because it requires action from both a state-level court and a federal immigration agency:

  • State Juvenile Court: Establishes the factual basis of the child’s victimization and need for protection by issuing a predicate order (or “Special Findings Order”).
  • Federal USCIS: Reviews the state court’s findings and adjudicates the immigration petition, granting or denying the SIJS classification.

Eligibility Requirements for SIJS

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:

1. Applicant Must Be Under 21 and Unmarried

The applicant must:

  • Be under 21 years of age at the time of filing the Form I-360 petition.
  • Be unmarried. If an applicant was previously married, the marriage must be legally terminated by annulment, divorce, or death.

2. Must Be in the U.S.

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.

3. The Juvenile Court Order (Predicates for SIJS)

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:

Finding of Dependency or Custody

The court must declare the child:

  • Dependent on the juvenile court; OR
  • Legally committed to or placed under the custody of a state agency (like foster care) or an individual or entity appointed by a state or juvenile court (like a guardian or a trusted relative).

Finding that Reunification with One or Both Parents is Not Viable

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.

Finding that It Is Not in the Child’s Best Interest to Return to Their Home Country

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 Immigration Application Process

The State Juvenile Court Process

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.

Submitting the Juvenile Court Order

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:

  1. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (the SIJS petition).
    The certified Juvenile Court Order with the three required findings.
  2. Proof of the child’s age (e.g., birth certificate, passport, or other identity document).
  3. Consent from the Department of Health and Human Services (HHS)/ORR (if the child is currently in HHS custody and the court order alters their placement).

The Role of USCIS

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.

Path to Permanent Residency (Green Card) with SIJS

Adjustment of Status (Form I-485) and Visa Availability

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.

  • Visa Wait Times (The “Backlog”): Unlike certain other immigrant categories, SIJS applicants are subject to a visa limit (based on the EB-4 category). Due to high demand, there is currently a significant visa backlog for most countries. After the I-360 is approved, the child must wait for an immigrant visa number to become available based on their country of birth (and priority date).
  • Deferred Action: While waiting for the visa to become available, USCIS grants the child Deferred Action, which provides protection from deportation and allows them to apply for an Employment Authorization Document (EAD), or work permit.
  • Waivers of Inadmissibility: SIJS provides significant protections, including the automatic waiver of certain grounds of inadmissibility (like unlawful entry). If other grounds of inadmissibility apply, an SIJS applicant may be eligible for a broad, SIJS-specific waiver for humanitarian purposes, family unity, or when it is otherwise in the public interest.

Seek Legal Assistance?

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

  • Call Now: 615-530-5360
  • Email: [email protected]
  • Office Hours: Mon – Fri 09:00-17:00
  • Address: 301 S. PERIMETER PARK DRIVE Suite 218 Nashville, TN, 37211