PM 03-01-02-i: Abused Noncitizen Spouses, their Children and Parents

WAG 03-01-02-i.

Revised TextAn individual who has filed a petition with USCIS for relief under VAWA and subsequently received a Prima Facie Determination, is then designated as a Qualified Alien.

Revised TextA Qualified Alien is subject to the 5-Year Federal wait and all other factors of eligibility to meet the USCIS immigration requirements for federal Cash assistance. 

Revised TextSponsor Liability does not apply to those approved under the provision of VAWA.

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Revised TextSpouses and children of US Citizens and Lawful Permanent Residents, and parents of US Citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS. A noncitizen filing the self-petition is generally known as a VAWA Petitioner.

  • New TextSpouses may file a self-petition if:
    • they are, or were, the Abused Spouse of a US Citizen or LPR; or
    • their child has been abused by their US Citizen parent or LPR Spouse.
      • Unmarried children who are under 21, may be added to the petition if they have not filed themselves.
  • New TextParent may file a self-petition if:
    • they are the parent of a US Citizen and have been abused by their US Citizen son or daughter.
  • New TextChildren may file or have a petition filed on their behalf if:
    • they are an abused child under 21 years of age, unmarried and have been abused by their US Citizen or LPR parent.
      • their children may also be included in the petition
    • they are a child after age 21 but before age 25 if it can be demonstrated the abuse was the main reason for the delay in filing.

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