I-360 Petition form is filed with USCIS for:

• A VAWA self-petitioning spouse of an abusive U.S. citizen or lawful permanent resident (LPR)
• A VAWA self-petitioning child of an abusive U.S. citizen or lawful permanent resident (green card holder)
• A VAWA self-petitioning parent of an abusive U.S. citizen son or daughter who is 21 years old or older; or

If you are living outside the United States at the time, you file the I-360 you are permitted if the abuse, battery and/or extreme cruelty occurred inside the US.

Men are permitted to file for a VAWA; it is not just for women.  My office has filed for men who have received their green cards.

Bigamy is not a bar to VAWA petition.

If you entered without inspection to the United States, you may be eligible to apply for VAWA.

Main requirements:

• Qualifying relationship from one of the categories listed above
• You suffered batter and/or extreme cruelty by the US citizen or permanent Resident
• If based on marriage, you entered the marriage in good faith
• You resided with your spouse
• You are a person of good moral character

What is Prima facie determination:

It means the I-360 petition filed is approvable.  You may be eligible to sign up for free medical and welfare services.  However, you will not be permitted to apply for an EAD, employment authorization.  Only when the I-360 is approved, are you eligible to apply for your work authorization.  You may also file the adjust status application for your green card when the I-360 is approved.

DIVORCE: 

If applicant has divorced within the last 2 years, he/she may still file for VAWA if you can demonstrate a connection between the termination of the marriage within the past 2 years and battering or extreme cruelty.

Evidence of the abuse:

Anything that supports you received a battery or extreme cruelty.  Such as evidence the abuser isolated and controlled you.  Friends witnessed the abuse and/or you had told them of the abuse.  The applicant’s detailed declaration of the abuse with pictures etc.  Shelter records, counseling records, police records etc.

VAWA cases once approved by USCIS means you will get a green card.  If you are outside when you file, once USCIS approve then you will apply for your immigrant visa with a US Consulate.  Evidence and how you present the evidence, along with what types of evidence is key to a successful VAWA case.