VAWA Requirements

Through the filing of an I-360 an immigrant may be able to adjust his or her immigration status to that of lawful permanent resident (LPR) from within the U.S. through several special provisions. The I-360 is available for VAWA applicants, but also for Amerasians, Widow/er, and several special immigrants, such as religious workers, special immigrant juveniles, and Afghani or Iraqi assistants of the U.S. military in those countries.

Seven elements exist under current law that the VAWA applicant, whether male or female, need show in order to be approved eligible to subsequently file for adjustment of status to LPR. The applicant must prove s/he is:

• Spouse or child of abusive U.S. citizen or LPR;
• Is eligible for immigrant classification based upon that relationship;
• Is now residing in the U.S. or has in the past resided in the U.S. with the U.S. citizen or LPR abuser;
• Has been battered by or subjected to extreme cruelty perpetrated by the U.S. citizen or LPR spouse during the marriage, or is the parent of an abused child who suffered abuse during the marriage;
• Is a person of good moral character;
• Is a person whose removal would result in extreme hardship to self and/or child;
• If a spouse, entered into the marriage to the U.S. citizen or LPR resident abuser in good faith.

Once the I-360 has been approved, meaning that immigration believes that the applicant has satisfied these elements, above, s/he can now file form I-485 to adjust his/her immigration status to that of LPR.