Effects of Divorce on applications for protection under the Violence Against Women Act

The Violence Against Women Act also known as VAWA is a law that protects the rights of noncitizen victims of battery or extreme cruelty by certain U.S. Citizen or legal permanent resident family members to obtain protection from deportation and gain lawful permanent resident status also known as a green card.

Qualifying relationships include relationships where the noncitizen victim is married to the abuser or where the parent of an abused noncitizen child is married to the abusive stepparent. We have discussed VAWA and its requirements here.

Possibly. A VAWA application that is based on the marriage to a U.S. citizen or legal permanent resident, “LPR” that results in a divorce before the VAWA petition is filed with the United States Citizenship and Immigration Service, “USCIS” will result in disqualification from VAWA eligibility. However, VAWA applicants may still qualify for VAWA eligibility if they meet the following requirements:

• The noncitizen filed a Petition for Amerasian, Widow(er), or Special Immigrant “Form I-360)” within the 2-year period immediately following the termination of the marriage.
• The noncitizen can demonstrate that the legal termination of the marriage was connected to the battery or extreme cruelty perpetrated by the U.S. citizen or LPR spouse.

VAWA petitions filed within 2 years of the divorce must include evidence that the marriage was legally terminated, such as a final divorce decree or annulment and that the termination was connected to the battery or extreme cruelty.

The types of evidence demonstrating the connection between the legal termination of the marriage and the battery or extreme cruelty include:

• The noncitizen victim’s own affidavit describing the abuse.
• Affidavits from third parties describing the abuse.
• Final divorce decrees or annulments.
• Any other credible evidence describing the nature of the abuse suffered.

The stepchild may continue to be eligible for VAWA despite a parent’s divorce from the stepparent as long as:

• The stepchild had not reached the age of 18 at the time the marriage creating the step relationship occurred.
• The step relationship existed, by law at the time of the abuse.

The same relationship requirements for a stepchild that is abused apply when it is a stepparent that is abused but divorcing the parent of the abuser.

There is no issue if the I-360 VAWA petition had been filed and approved. However, remarriage before the filing or during a pending I-360 VAWA will result in denial of the petition.

No, self-petitioning children for VAWA must be unmarried when the VAWA I-360 petition is filed and until it is approved. However, if a child marries after the filing of the self-petition but terminates the marriage prior to a final decision may remain eligible under VAWA.

If in doubt, you should try to remember to perhaps file the VAWA petition before divorcing from the abuser or seeking the guidance of an experienced immigration attorney to guide you as to when divorce or remarriage is possible to maintain eligibility for VAWA.