VAWA Overview
This law allows eligible family members who are survivors of abuse to seek lawful permanent status independent of the abuser.
What is the Violence Against Women Act or "VAWA"?
The term or terms for when a ground of inadmissibility does NOT apply at all to a noncitizen.
What is an exception or exemption?
The number of U visas that can be granted each year under the statutory cap.
What are 10,000 visas?
The type of person that must sign the I-918 Supp B for a U visa petition.
What is law enforcement?
Spouses, unmarried children, parents, and unmarried siblings under age 18 can all be included in a U visa petition if this individual is under 21 at the time of filing.
Who is the principal or U-1 visa applicant?
This group of individuals can still qualify for protection under VAWA if they can demonstrate that "at least one central reason" for their failure to timely file a self-petition was due to the abuse they suffered.
Who are children over 21 but under 25?
One of the two grounds of inadmissibility that do not apply to VAWA self-petitioners.
What is "public charge" OR "entry without inspection/present without permission or parole"?
The process introduced by USCIS in 2021, which allows U visa applicants to obtain work authorization and deferred action prior to a grant of the U visa.
What is a bona fide determination or BFD?
The three "R"s that are best practice to prove your client has undertaken in preparing a waiver application.
What are expressing remorse, taking responsibility and demonstrating rehabilitation?
USCIS applied this decision nationwide, which states that a spousal relationship does not need to exist at the time of the I-918 U visa petition filing for an individual to qualify as a U derivative.
What is the Medina-Tovar case?
For this type of self-petitioner, at least some of the abuse must occur after the abuser reaches the age of 21.
Who is a parent?
The legal term or phrase for when a lie or misrepresentation is not relevant and does not trigger "visa fraud."
What is "it is not material?"
The type of law enforcement requests for assistance with which a U visa applicant must comply in order to be granted a U visa, and subsequently adjustment of status to LPR.
What are reasonable requests?
A California crime that USCIS commonly states is NOT a "qualifying crime" unless it involves a weapon or actual serious injury.
What is robbery?
Marriage impacts the relationship eligibility of these derivatives.
Who are U-3 and U-5 (or children and sibling) derivatives?
The statutory time period reviewed by the adjudicator in determining if this VAWA eligibility requirement is met is the last 3-years.
What is good moral character?
VAWA relief in removal proceedings that is still available to some self-petitioners who are ineligible for adjustment due to a false claim of U.S. citizenship.
What is VAWA cancellation of removal?
The departure from the U.S. for this amount of time will break a U visa holder's continuous physical presence for adjustment of status purposes.
What is over 90 days or over 180 days in aggregate?
This relief or benefit is often being denied by USCIS for the same inadmissibility issue that was already waived.
What is adjustment of status to permanent resident?
USCIS's current position usually permits these derivatives to remain eligible for adjustment of status even if their relationship with the principal ends, provided the change occurs after the U Visa grant.
Who are U-2 and U-3 (or spouse and child derivatives)?
The special part of the statute that USCIS should use to determine that an individual actually has good moral character despite an act or conviction, if that act or conviction is linked to the abuse experienced by the self-petitioner.
What is the VAWA exception for the bars to good moral character?
The requirement for a VAWA waiver of the permanent bar for self-petitioners.
What is a connection between the abuse and the noncitizen's removal or departure or reentry or reentries or attempted reentry?
California's Penal Code 679.10 now requires a law enforcement agency to provide this document within 7 days of a request if the U visa petitioner is in removal proceedings or an "age-out" is imminent.
What is a police report?
The standard or requirement for approval a U visa waiver pursuant to INA section 212(d)(14).
What is it is in the "public or national interest?"
The age of these derivatives is "frozen" at the time of the principal's filing, but only if they age out while the principal's petition is still pending.
What is the age-out protection for children and siblings?