The Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations amended the Immigration and Nationality Act (INA) to allow abused spouses and children of U.S. citizens and lawful permanent residents (LPRs) and abused parents of U.S. citizen sons and daughters 21 years of age or older to file their own self-petition for immigrant classification. [1] Noncitizens filing self-petitions are referred to as VAWA self-petitioners or self-petitioners in this part. [2]
The VAWA self-petition is filed on the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). [3] An approved Form I-360 provides self-petitioners with immigrant classification as either immediate relatives or under a family-based preference category and allows them to apply for LPR status. [4]
Self-petitioners must file a Form I-360 and submit evidence to establish, by a preponderance of the evidence, that they meet the general eligibility requirements outlined in the table below. [5]
General Eligibility Requirements for VAWA Self-Petitioners
The self-petitioner must have a qualifying relationship to an abusive U.S. citizen or LPR relative as the:
The self-petitioner must have been married in good faith (for self-petitioning spouses only).
The self-petitioner is eligible for immigrant classification as an immediate relative or under a family-based preference category. [6]
The self-petitioner was subjected to battery or extreme cruelty perpetrated by the U.S. citizen or LPR during the qualifying relationship (self-petitioning spouses may also be eligible based on the battery or extreme cruelty subjected on their child).
The self-petitioner resides or resided with the abusive U.S. citizen or LPR.
The self-petitioner is a person of good moral character. [7]
General Evidentiary Requirements [8]
While self-petitioners are encouraged to submit primary evidence, when possible, USCIS must consider any credible evidence relevant to the petition. [9] The self-petitioner may, but is not required to, demonstrate that primary or secondary evidence is not available. [10] A petition may not be denied for failure to submit particular evidence. The petition may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise does not establish eligibility.
The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS. [11] As with all petitions and applications for an immigration benefit, a self-petitioner must remain eligible to receive a benefit under VAWA at the time of filing through final adjudication. [12]
Self-petitioners must demonstrate a qualifying relationship to an abusive U.S. citizen or LPR to be eligible for VAWA benefits. [13] Self-petitioners who have a qualifying relationship include:
To establish a qualifying relationship, the self-petitioner must submit evidence to prove the requisite familial relationship to the abuser as well as evidence of the abuser’s U.S. citizenship or LPR status. [16]
The self-petitioner’s abusive qualifying family member must generally be a U.S. citizen or LPR when the self-petition is filed. [17] There are certain exceptions, however, where self-petitioners may preserve their eligibility in cases where abusers have lost or renounced their U.S. citizenship or LPR status for a reason that was related to an incident of abuse. [18] Changes to the abuser's U.S. citizenship or LPR status after the self-petitioner files the self-petition do not adversely impact approving a pending self-petition or the validity of an approved self-petition. [19]
Primary evidence to demonstrate the abuser’s U.S. citizenship includes, but is not limited to:
Other examples of evidence to establish the U.S. citizenship of the abuser may include a receipt or approval notice of a Petition for Alien Relative (Form I-130) filed by the abuser for an immediate relative category, the abuser’s A-Number with evidence of naturalization, or information on a marriage license or certificate showing the abuser’s birth in the United States.
Primary evidence to demonstrate the abuser’s LPR status is a copy of the abuser’s Permanent Resident Card (Form I-551) or other proof from the DHS reflecting LPR status. [21] Other examples of evidence to establish the abuser’s LPR status include but are not limited to:
If self-petitioners are unable to provide documentary evidence of the abuser’s U.S. citizenship or LPR status, they should provide some identifying information for the abusive U.S. citizen or LPR, such as a name, place of birth, country of birth, date of birth, or Social Security number. USCIS uses this information to conduct a search of DHS records to attempt to verify the abuser’s citizenship or immigration status. [22] If USCIS is unable to identify a record as relating to the abuser or the record does not establish the abuser's citizenship or LPR status, the officer should adjudicate the self-petition based on the information submitted by the self-petitioner. [23]
An abused spouse or child of a U.S. national may also be eligible for VAWA benefits, as a U.S. national is accorded the same rights as an LPR. [24] USCIS treats a self-petitioning spouse or child of a U.S. national as a self-petitioning spouse or child of an LPR when adjudicating the self-petition.
Generally, to establish a qualifying relationship, self-petitioning spouses must have a legally valid marriage to their abusive U.S. citizen or LPR spouse at the time the self-petition is filed. [25] In certain circumstances, however, self-petitioning spouses may continue to be eligible for VAWA benefits if the marriage was terminated due to divorce or death prior to filing the self-petition. [26] If self-petitioning spouses divorce their abusive U.S. citizen or LPR spouse after the self-petition is filed, it does not adversely impact approving a pending self-petition or the validity of an approved self-petition. [27]
USCIS generally considers a marriage as legally valid according to the laws of the place where the marriage was celebrated. [28] However, if a marriage is valid in the country where celebrated but considered contrary to U.S. public policy, the marriage is not recognized as valid for immigration purposes. [29] For example, incestuous and plural marriages generally are considered contrary to U.S. public policy. A common law marriage may be considered a legally valid marriage for the purpose of establishing VAWA eligibility.
Examples of evidence of a legal marriage include, but are not limited to:
If self-petitioners were previously married, they must submit evidence to establish that all of their prior marriages were legally terminated, and that they were legally free to enter a valid marriage with the abuser. [31] If the U.S. citizen or LPR spouse was previously married, self-petitioners should submit evidence, if available, to establish that all of their spouse’s prior marriages were legally terminated. [32] If the U.S. citizen or LPR spouse’s prior marriages were not legally terminated, however, self-petitioners may continue to be eligible as intended spouses. [33]
A civil authority must have issued the marriage termination document (such as a divorce decree or an annulment) for it to be considered valid. Officers should refer to the U.S. Department of State’s Foreign Affairs Manual and U.S. Visa: Reciprocity and Civil Documents by Country webpage for country-specific information regarding the legal termination of any marriage that occurred or was terminated outside the United States.
Note that if a divorce decree requires a waiting or revocable period that has not concluded (for example, a “nisi” period in a domestic decree or an “idda” period in a foreign decree), the decree is not considered final and the marriage has not been legally terminated. [34]
Examples of evidence of a legally terminated marriage may include, but are not limited to:
VAWA protects “intended spouses” who believed that they entered into a valid marriage, but the marriage was invalid solely due to the abusive U.S. citizen or LPR’s bigamy or polygamy. [35] To be eligible as intended spouses, self-petitioners must have believed that they entered into a legally valid marriage with the U.S. citizen or LPR. Therefore, USCIS focuses its inquiry on the intent of the self-petitioner and not on the intent of the abuser.
To demonstrate a qualifying relationship to the abusive U.S. citizen or LPR as an intended spouse, the self-petitioner must submit evidence to establish the following requirements:
USCIS considers a marriage certificate issued by civil authorities in the United States or abroad to be evidence of the self-petitioner’s intent. If self-petitioners were previously married, they must submit evidence to demonstrate that all their prior marriages were legally terminated. Evidence of the termination of all the abusive U.S. citizen’s or LPR’s prior marriages, however, is not required to establish eligibility as an intended spouse.
Intended spouses in common law marriages are eligible as VAWA self-petitioners as long as they can demonstrate the requirements listed above, including that a marriage ceremony was actually performed.
Self-Petitioning Spouse Whose Child was Abused
A spouse of an abusive U.S. citizen or LPR is eligible to self-petition based on abuse committed by the U.S. citizen or LPR against the spouse’s child. [37] The abused child does not need to be the abuser’s child. If the self-petition is based on a claim that the self-petitioner’s child was battered or subjected to extreme cruelty committed by the U.S. citizen or LPR, the self-petitioner should submit evidence of a relationship to the abused child, such as the child's birth certificate or other evidence demonstrating the relationship (in addition to demonstrating the required marital relationship to the abuser). [38]
Self-petitioning children may establish a qualifying relationship to their abusive U.S. citizen or LPR parent if they are the biological child, stepchild, or adopted child of the abuser. [39] The child must be unmarried and less than 21 years old when the self-petition is filed in order to be considered a child for immigration purposes. [40] In certain circumstances, children who turn 21 years old prior to filing the self-petition or while the self-petition is pending may remain eligible for VAWA benefits. [41] The self-petitioner must remain unmarried, however, at the time of filing and when the self-petition is approved. [42] To be considered unmarried, the self-petitioner must either never have been married or have legally terminated all prior marriages.
Termination of the abuser's parental rights or a change in legal custody does not alter the child’s eligibility to self-petition, provided the petitioner meets the definition of the term “child” under immigration law and meets all other eligibility requirements. [43]
Self-petitioning children may demonstrate a qualifying relationship if they are the biological child of the abusive U.S. citizen or LPR parent. If the U.S. citizen or LPR parent utilized Assisted Reproductive Technology, however, and does not have a genetic relationship to the self-petitioning child, the child may still be able to demonstrate a qualifying parent-child relationship in certain circumstances. [44] If the child did not acquire U.S. citizenship at birth and the abusive U.S. citizen or LPR parent is the biological mother of the self-petitioning child, the primary evidence to demonstrate a qualifying relationship is the child’s birth certificate issued by civil authorities listing the mother’s name. [45] If the mother’s name on the birth certificate is different from the name listed on the self-petition, the self-petitioning child may submit evidence of the name change. [46]
Other examples of evidence of a biological relationship may include, but are not limited to:
Self-petitioning children whose abusive U.S. citizen or LPR parent is their biological father must provide evidence demonstrating that they were either:
For children born in wedlock, self-petitioners must submit evidence of their biological relationship to their father, the marriage of the child’s parents, and evidence of the legal termination of all prior marriages, if applicable. [48]
Examples of evidence may include:
Children who were legitimated must provide evidence of a biological relationship to the father and evidence of the child’s legitimation. [50] Generally, legitimation is governed by the law of the place of residence of the parent or child. [51] Self-petitioners may generally establish legitimation by showing that their parents married at any time before they turned 18 years old. [52]
Children who were born out of wedlock and have not been legitimated must provide evidence that a bona fide parent-child relationship with the abusive biological father has been established. [53] Evidence should establish more than merely a biological relationship. A bona fide parent-child relationship should include emotional or financial ties (or both). [54] There should be evidence that the father and child actually lived together, that the father openly held the child out as being his own, that the father provided for some or all of the child's needs, or that the father's behavior in general evidenced a genuine relationship with the child. [55]
Examples of evidence to establish a bona fide parent-child relationship may include, but are not limited to:
The following table provides a summary of the types of evidence required to demonstrate a qualifying relationship for self-petitioning children who have a biological relationship to their abusive U.S. citizen or LPR parent.
Required Evidence [56]
Child born in wedlock
Child born out of wedlock
Self-petitioning children may demonstrate a qualifying relationship if they have a step relationship with the abusive U.S. citizen or LPR parent. A step relationship is created when a child’s biological or legal parent marries a person who is not the child’s other biological or legal parent before the child’s 18th birthday. [57] If the marriage that created the step relationship is terminated due to divorce prior to filing, the stepchild remains eligible to self-petition. [58] If the marriage is terminated due to the death of the biological or legal parent prior to filing, the stepchild may remain eligible to self-petition if a family relationship has continued to exist as a matter of fact between the stepparent and stepchild at the time of filing. [59]
To demonstrate a qualifying relationship as a stepchild of an abusive U.S. citizen or LPR stepparent, self-petitioning children must submit evidence of:
Examples of evidence that demonstrate a qualifying step relationship between a self-petitioning child and an abusive stepparent may include, but are not limited to:
Intended Spouse Provision and Self-Petitioning Children
The INA does not extend the intended spouse provision for self-petitioning spouses to self-petitioning children. [62] Therefore, if the marriage that created the step relationship is not legally valid due to bigamy or polygamy on the part of the stepparent, the child is not eligible to self-petition. However, children can be included as derivatives on their biological or legal parent’s self-petition if the biological or legal parent can establish a qualifying relationship with the abusive stepparent under the intended spouse provisions.
Generally, for an adoption to be the basis for granting immigration benefits, an adoption must comply with certain statutory requirements. In the family-based petition process, the statute requires that the adoptee beneficiary has been in the legal custody of and jointly resided with the adoptive parent(s) for at least 2 years. [63] Abused adopted children, however, are not required to demonstrate that the U.S. citizen or LPR had 2 years of legal custody and 2 years of joint residence with them in order to be eligible for a VAWA self-petition. [64]
Self-petitioning adopted children may demonstrate a qualifying relationship to a U.S. citizen or LPR parent if they submit evidence of an adoption that is valid for immigration purposes. [65] Generally, for an adoptive relationship to be considered valid for the family-based petition process, the U.S. citizen or LPR must have legally adopted the child while the child was under age 16. [66] In certain circumstances, the adoption may take place prior to the child attaining 18 years old if the sibling exception applies. [67] Evidence of an adoption that may demonstrate a qualifying adoptive relationship may include a copy of the legal adoption decree or order issued by the appropriate civil authority or other relevant evidence that an adoptive relationship is valid. [68]
Self-petitioning parents must demonstrate a qualifying relationship to their abusive U.S. citizen son or daughter who is 21 years of age or older. [69] The INA defines a “child” as an unmarried person who is under 21 years of age. [70] Therefore, the abusive son or daughter must have qualified as the child of the abused parent before turning 21 years of age but must be 21 years of age or older at the time of filing. [71] Parents of abusive LPR sons and daughters are not eligible for VAWA benefits.
To establish a qualifying relationship, a self-petitioning parent must be a biological parent, stepparent, or adoptive parent of an abusive U.S. citizen son or daughter. [72] The requirements for self-petitioning parents are similar to the requirements for self-petitioning children to demonstrate the required parent-child relationship.
Self-petitioning parents may demonstrate a qualifying relationship if they are the biological parent of the abusive U.S. citizen son or daughter. If the self-petitioning parent utilized Assisted Reproductive Technology, however, and does not have a genetic relationship to the U.S. citizen or LPR child, the parent may still be able to demonstrate a qualifying parent-child relationship in certain circumstances. [73] If the self-petitioning parent is the biological mother of the abusive U.S. citizen son or daughter, the primary evidence to demonstrate the qualifying relationship is the child’s birth certificate issued by civil authorities listing the mother’s name. [74] If the mother's name on the birth certificate is different from the name as reflected on the self-petition, the self-petitioner may submit evidence of the name change. [75]
If primary evidence is unavailable, other examples of evidence of a biological relationship may include, but are not limited to:
If the self-petitioning parent is the biological father of the abusive U.S. citizen son or daughter, then the parent must provide evidence demonstrating that the child was either:
For fathers whose abusive U.S. citizen sons or daughters were born in wedlock, self-petitioners must submit evidence of their biological relationship to their child, the marriage between the parents of the child, and evidence of the legal termination of all prior marriages, if applicable. [77]
Examples of such evidence may include:
If the child was legitimated, the father must provide evidence of a biological relationship to the child and evidence of the child’s legitimation. [79] Generally, legitimation is governed by the law of the place of residence of the parent or child. [80] Self-petitioners may generally establish legitimation by showing that they married the child’s other parent at any time before the child turned 18 years old. [81]
Fathers whose children were born out of wedlock and have not been legitimated must provide evidence that a bona fide parent-child relationship has been established with the child. [82] Evidence should establish more than merely a biological relationship. A bona fide parent-child relationship includes emotional or financial ties (or both) or a genuine concern or interest for the child’s support, instruction, and general welfare. [83] There should be evidence that the father and child actually lived together, that the father openly held the child out as being his own, that the father provided for some or all of the child’s needs, or that the father’s behavior in general evidenced a genuine concern for the child. [84]
Examples of evidence to establish a bona fide parent-child relationship may include, but are not limited to:
The following table provides a summary of the types of evidence sufficient to demonstrate a qualifying relationship for self-petitioning parents who have a biological relationship to their abusive U.S. citizen son or daughter.
Abusive Son or Daughter
Required Evidence [85]
Son or daughter
Son or daughter was born in wedlock
Legitimated son or daughter
Son or daughter was born out of wedlock
Self-petitioning parents may demonstrate a qualifying relationship if they have a stepparent relationship with the abusive U.S. citizen son or daughter. A step relationship is created if the abused parent married the son or daughter’s other biological or legal parent before the son or daughter’s 18th birthday. [86] If the marriage that created the step relationship is terminated due to divorce prior to filing, the stepparent remains eligible to self-petition. [87] If the marriage is terminated due to the death of the biological or legal parent prior to filing, the stepparent may remain eligible to self-petition if a family relationship has continued to exist as a matter of fact between the stepparent and stepson or stepdaughter at the time of filing. [88]
To demonstrate a qualifying stepparent relationship, self-petitioning parents must submit evidence of:
Examples of evidence that demonstrate a qualifying step relationship between a self-petitioning stepparent and an abusive U.S. son or daughter may include, but are not limited to:
Self-petitioning parents may demonstrate a qualifying relationship if they have an adoptive relationship with their U.S. citizen son or daughter. [91] Generally, for an adoptive relationship to be the basis for granting immigration benefits, the adoption must be valid for immigration purposes [92] and comply with certain statutory requirements. [93]
For the adoptive relationship to be considered valid under INA 101(b)(1)(E), a child generally must be adopted while under age 16. [94] Unlike abused adopted children, abused adoptive parents must demonstrate 2 years of legal custody and 2 years of joint residence with their adopted U.S. citizen son or daughter in order to establish a qualifying adoptive relationship. [95] Self-petitioning parents may demonstrate a qualifying adoptive relationship by submitting evidence of:
Self-petitioning parents may also establish an adoptive parent-child relationship under INA 101(b)(1)(F) or INA 101(b)(1)(G). [97]
A self-petitioning spouse’s eligibility for the self-petition requires more than showing a legal marital relationship to a U.S. citizen or LPR. The self-petitioner must also establish that the marriage was entered into in good faith and was not entered into for the purpose of evading immigration laws. [98]
To demonstrate a good faith marriage, self-petitioning spouses must show that at the time of the marriage, they intended to establish a life together with the U.S. citizen or LPR. USCIS does not deny a self-petition, however, solely because the spouses are not living together, or the marriage is no longer viable. [99] Additionally, separation from the U.S. citizen or LPR spouse, even shortly after the marriage took place, does not prove by itself that a marriage was not entered into in good faith. [100]
Examples of evidence to demonstrate good faith entry into the marriage may include, but are not limited to:
A VAWA self-petitioner must establish eligibility for a family-based immigrant classification as either an immediate relative or under a family-based preference category. [102] VAWA eligibility generally extends to children, spouses, and parents of abusive U.S. citizens, who are considered immediate relatives, and spouses and children of abusive LPRs, who are included in family-based preference categories.
Because VAWA self-petitions provide for family-based immigrant classification, they must comply with provisions applicable to family-based petitions, including INA 204(c), INA 204(g), and INA 204(a)(2), which address issues involving current and prior marriages. [103]
Note that INA 204(a)(2) applies to self-petitioners who acquire LPR status and subsequently file a family-based spousal petition. This does not apply to a self-petition filed based on a relationship with an abusive LPR spouse.
Self-petitioners must demonstrate that their U.S. citizen or LPR relative battered or subjected them to extreme cruelty during the qualifying relationship. [104] Note that for abused adopted children, the battery or extreme cruelty may be committed by an adoptive parent or a family member of an adoptive parent residing in the same household. [105] For all other self-petitioners, battery or extreme cruelty committed by a third party may constitute abuse where the U.S. citizen or LPR acquiesced to, condoned, or participated in the abusive act(s). [106]
The battery or extreme cruelty must have been committed against the self-petitioner, or for self-petitioning spouses, against their child(ren), and must have taken place during the qualifying relationship. For self-petitioning children, there is also a requirement that the child was residing with the abuser when the abuse occurred. [107] However, residence for a child may also include any period of visitation. [108]
Note that if the self-petitioner is a stepchild or stepparent, the abuse must have occurred during the step-relationship. Evidence, however, of any abuse occurring at any time may be used to establish a pattern of abuse to support the claim.
When the battery or extreme cruelty must have taken place
During the qualifying marriage
During the claimed relationship while the child was under 21 years old and while the child was residing with or visiting the parent [109]
During the claimed relationship and while the son or daughter was 21 years old or older
The definitions for battery and extreme cruelty are flexible and broad. Other terms, such as abuse, acts of violence, and domestic violence, are often used to describe battery and extreme cruelty.
Battery generally includes any offensive touching or use of force on a person without the person’s consent. [110] Some examples include, but are not limited to, punching, slapping, spitting, biting, kicking, choking, kidnapping, rape, molestation, forced prostitution, sexual abuse, and sexual exploitation. Other abusive actions may also be physical acts of violence and, under certain circumstances, include acts that in and of themselves may not initially appear violent but that are part of an overall pattern of violence.
Extreme cruelty is a non-physical act of violence or threat of violence demonstrating a pattern or intent on the part of the U.S. citizen or LPR to attain compliance from or control over the self-petitioner. [111] USCIS determines whether a self-petitioner has demonstrated extreme cruelty occurred on a case-by-case basis, and no single factor is conclusive.
Acts of extreme cruelty may include but are not limited to:
Battery or extreme cruelty may also include:
Examples of evidence to demonstrate battery or extreme cruelty occurred include but are not limited to:
Self-petitioners who obtained an order of protection against the abuser or have taken other legal steps to end the abuse are strongly encouraged to submit copies of the related legal documents. [114]
Moreover, evidence that the abuse victim sought safe-haven in a domestic violence shelter or similar refuge may also be relevant, as may a combination of documents such as a photograph of the visibly injured self-petitioner supported by affidavits. [115] Evidence of non-abusive acts may also be submitted to establish and demonstrate a pattern of abuse and violence. [116]
The self-petitioner is encouraged to submit a detailed personal statement as evidence supporting the self-petition. The self-petitioner’s personal statement should provide as much detailed information as possible addressing specific incidents of battery or extreme cruelty.
The self-petitioner must reside or have resided with the abuser in the past to be eligible for the self-petition. USCIS no longer requires the self-petitioner to have resided with the abuser during the qualifying relationship. [117] Residence is defined as the person’s general place of abode or the principal, actual dwelling place of the self-petitioner without regard to intent. [118] A self-petitioner cannot meet the residency requirement by merely visiting the abuser’s home while maintaining a general place of abode or a principal dwelling place elsewhere. [119]
Self-petitioners must have resided with the abuser at any point prior to filing the self-petition or reside with the abuser when they file the self-petition. The self-petitioner is not required, however, to have resided with the abuser for any specific length of time, to have resided with the abuser in the United States, or to have resided with the abuser during the qualifying relationship. [120] There is also no requirement for self-petitioners to be living with the abuser at the time they file the self-petition or, for self-petitioning spouses and parents, when the abuse occurred. [121]
For self-petitioning children, there is a requirement that they resided with the abuser when the abuse occurred. [122] However, residence for a child may also include any period of visitation. [123]
If self-petitioners are in the United States at the time they file the self-petition, the shared residence can have occurred either in or outside the United States. [124]
Examples of evidence demonstrating shared residence with the abusive U.S. citizen or LPR may include but are not limited to:
Self-petitioners must demonstrate that they are persons of good moral character in order to be eligible for a VAWA self-petition. [126] USCIS generally looks at the 3-year period immediately preceding the date the self-petition is filed, and the self-petitioner’s conduct is evaluated on a case-by-case basis taking into account the provisions regarding good moral character in INA 101(f) and the standards of the average citizen in the community. [127]
A self-petitioning child who is under 14 years old is presumed to be a person of good moral character and is not required to submit evidence of good moral character with the self-petition. [128]
The presumption, however, does not preclude USCIS from requesting evidence of good moral character if there is reason to believe that the self-petitioning child may lack good moral character. [129] USCIS has discretion to request evidence of good moral character for a self-petitioning child under 14 years of age and could find that a person under the age of 14 lacks good moral character. [130]
USCIS evaluates a self-petitioner’s claim of good moral character on a case-by-case basis, considering the provisions of INA 101(f) and the standards of the average citizen in the community, and may consider any conduct, behavior, acts, or convictions. [131]
Although the evidentiary requirements for good moral character focus on the 3-year period preceding the filing of the self-petition, the eligibility requirements do not specify a time period during which self-petitioners must demonstrate their good moral character. [132] USCIS may review and request any evidence of good moral character or a lack of good moral character for any time period before or after the filing of the self-petition if USCIS has reason to believe the self-petitioner lacks good moral character. [133]
A self-petitioner is required to maintain good moral character through the time of final adjudication of both the self-petition and the adjustment of status application. [134]
If the results of criminal records checks conducted prior to the approval of the self-petition or adjustment of status application disclose that the self-petitioner is no longer a person of good moral character or that the self-petitioner has not been a person of good moral character in the past, USCIS denies the self-petition if it is pending or revokes the self-petition if it was previously approved. [135]
Permanent and Conditional Bars Under INA 101(f)
INA 101(f) lists the classes of persons who are statutorily barred from being considered a person of good moral character. Self-petitioners who fall under certain categories under INA 101(f) are permanently barred from establishing good moral character. [136]
Permanent bars apply to a self-petitioner:
Other bars, however, are not permanent in nature and are considered “conditional bars.” Conditional bars are triggered by specific acts, offenses, activities, circumstances, or convictions under INA 101(f) that occurred in the 3-year period immediately preceding the filing of the self-petition. [138] When a conditional bar is triggered, USCIS has discretion to make a finding of good moral character despite an act or conviction falling under the conditional bar.
These self-petitioners may still be considered persons of good moral character if:
Conditional bars apply to a self-petitioner who, during the 3-year period for which good moral character is required to be established:
USCIS may only look to the judicial records to determine whether the person has been convicted of a crime and may not look behind the conviction to reach an independent determination concerning guilt or innocence. [141]
Acts or Convictions Under INA 101(f) That Occur Outside the 3-Year Period
If a self-petitioner’s prior acts or convictions fall under a conditional bar but occurred outside the 3 years immediately preceding the filing of the self-petition, USCIS considers all evidence in the record to make an individualized determination as to whether the self-petitioner has established good moral character.
Officers must consider the totality of the evidence, including all positive and negative factors, to determine whether under the standards of the average citizen of the community self-petitioners established their good moral character. [142] Some relevant considerations may include but are not limited to the severity of the act or conviction and whether the self-petitioner has demonstrated rehabilitation of character.
Self-petitioners who willfully failed or refused to support dependents, committed unlawful acts that adversely reflect on their moral character, or were convicted or imprisoned for such acts but the acts do not fall under INA 101(f) will be considered as lacking good moral character unless they establish extenuating circumstances. [143]
Persons who were subjected to abuse in the form of forced prostitution or who can establish that they were forced to engage in other behavior that could render them inadmissible may still be considered a person of good moral character if they have not been convicted for the commission of the offense. [144]
All Other Conduct and Acts
If there is evidence that a self-petitioner’s conduct or acts do not fall under INA 101(f) but are contrary to the standards of the average citizen in the community, the officer must consider all of the evidence in the record and make a case-by-case determination as to whether the self-petitioner has established good moral character under the standards of the average citizen in the community. [145] Some relevant considerations may include but are not limited to the severity of the conduct or act and whether the self-petitioner has demonstrated rehabilitation of character.
Primary evidence of good moral character is the self-petitioner’s affidavit, which should contain detailed statements regarding the self-petitioner’s conduct and behavior establishing good moral character. [146] In addition to the affidavit, the self-petitioner should also submit a local police clearance or a state-issued criminal background check from each locality or state in the United States in which the self-petitioner has resided for 6 or more months during the 3-year period immediately preceding the filing of the self-petition. [147]
If self-petitioners reside or have resided outside the United States, they should submit a police clearance, criminal background check, or similar report issued by the appropriate authority in the foreign country in which they resided for 6 or more months during the 3-year period immediately preceding the filing of the self-petition. [148]
Self-petitioners are encouraged to submit clearances or background checks based on their name and date of birth or based on their fingerprints. If the search conducted is based on a name and date of birth, self-petitioners are encouraged to provide clearances under all their aliases, including any maiden names, if applicable.
If police clearances, criminal background checks, or similar reports are not available for some or all locations, self-petitioners are encouraged to submit a detailed statement explaining the reasons they could not obtain the clearances and why the lack of a police clearance does not adversely reflect upon the self-petitioner’s good moral character. Officers may not deny self-petitions for a failure to submit criminal background checks or police clearances if self-petitioners have submitted an affidavit attesting that they have never been arrested.
In addition to the self-petitioner’s affidavit and police clearances or criminal background checks, USCIS considers any other credible evidence of good moral character, such as affidavits from responsible persons who can knowledgeably attest to the self-petitioner’s good moral character. [149]
Affidavits attesting to good moral character should generally contain the affiant's full name, address, telephone number, date and place of birth, relationship to the parties, if any, and details concerning how the affiant acquired knowledge of the self-petitioner’s good moral character.
Self-petitioners who have been arrested, charged, or otherwise have a criminal record should provide the following additional evidence, if available:
If a self-petitioner has committed an act or has a conviction that falls under a conditional bar under INA 101(f), then the officer must consider the following:
Step 1: Determine Whether a Waiver Would be Available
If the self-petitioner has committed an act or has a conviction that falls under a conditional bar, the officer should first determine whether a waiver would be available. The self-petitioner must submit evidence addressing whether a waiver would be available for the act or conviction at issue. [151]
The officer does not need to consider whether a waiver would be granted, only that a waiver would be available at the time the adjustment of status or immigrant visa application is filed. [152] If officers are uncertain whether a waiver is available, they should seek guidance from the local Office of the Chief Counsel before making a final determination.
Step 2: Determine Whether the Act or Conviction is “Connected” to the Battery or Extreme Cruelty
If a waiver is available for the act or conviction, officers must consider whether the act or conviction is “connected” to the battery or extreme cruelty experienced by the self-petitioner. For an act or conviction to be considered connected to the battery or extreme cruelty, the evidence must establish that the act or conviction has a causal or logical relationship to the battery or extreme cruelty. [153] The connection does not require compulsion or coercion on the part of the self-petitioner. To meet this evidentiary standard, the evidence submitted must demonstrate the following:
When determining whether a connection exists between the self-petitioner’s disqualifying act or conviction and the battery or extreme cruelty suffered by the self-petitioner, USCIS considers the full history of abuse in the case. The self-petitioner’s qualifying U.S. citizen or LPR relative must have perpetrated the battery or extreme cruelty during the qualifying relationship, but the self-petitioner is not required to establish that the act or conviction occurred during the qualifying relationship.
If the self-petitioner establishes that the battery or extreme cruelty occurred prior to and during the qualifying relationship, the officer may find that the self-petitioner has established the required “connection” between the act or conviction and the battery or extreme cruelty, even if the act or conviction occurred prior to the qualifying relationship.
Step 3: Determine Whether the Self-Petitioner Warrants a Finding of Good Moral Character in the Exercise of Discretion
Whether a self-petitioner is a person of good moral character under the exception at INA 204(a)(1)(C) is a discretionary determination made by USCIS. For example, even if the evidence establishes both that a waiver for the self-petitioner’s disqualifying act or conviction is available and that the requisite connection exists between the disqualifying act or conviction and the battery or extreme cruelty, USCIS may nevertheless conclude that the severity or gravity of the self-petitioner’s act or conviction warrants a finding of a lack of good moral character.
If self-petitioners are outside the United States when they file the self-petition, they must demonstrate one of the following in addition to the eligibility requirements listed in this chapter:
If USCIS approves the self-petition and a visa is available, the self-petitioner may apply for an immigrant visa to enter the United States as an LPR. [155]
Self-petitioning spouses and children may include their child(ren) as derivative beneficiaries on the self-petition. [156] Self-petitioning parents, however, are not eligible to confer derivative benefits to their family members. If self-petitioning parents include a derivative on their self-petition, the self-petition will not be denied. Any listed derivatives, however, are not eligible to derive status and do not receive any benefit under the approved self-petition.
Derivative children must be unmarried and less than 21 years old at the time of filing and otherwise qualify as the self-petitioner’s child under immigration law. [157] The statutory definition of “child” includes certain children born in or out of wedlock and certain legitimated children, adopted children, and stepchildren. [158]
Self-petitioners may add an eligible child, including a child born after the self-petition was approved, when the self-petitioner applies for an immigrant visa outside the United States or adjustment of status in the United States. [159] A new petition is not required.
Self-petitioners should submit evidence that the derivative beneficiary is under 21 years old and unmarried at the time of filing as well as evidence of the relationship between the self-petitioner and the child. [160] Derivative beneficiaries are granted the same immigrant classification and priority date as the self-petitioner. [161]
If a child turns 21 years old and is unable to benefit from the Child Status Protection Act (CSPA), as long as the self-petition was filed before the child turned 21 years old, the child is automatically considered a principal self-petitioner if the child turns 21 years old before adjusting status. [162] In such a case, the child receives the priority date of the parent’s self-petition. [163] Derivatives do not need to file a separate self-petition; they are placed in the preference category appropriate to their situation. [164]
[^ 1] See Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 (PDF), 108 Stat. 1796, 1902 (September 13, 1994). See Title V of the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464, 1518 (October 28, 2000). See Title VIII of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162 (PDF), 119 Stat. 2960, 3053 (January 5, 2006). See Section 6 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 Technical Amendments, Pub. L. 109-271 (PDF), 120 Stat. 750, 762 (August 12, 2006). See Title VIII of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 110 (March 7, 2013).
[^ 2] See INA 101(a)(51). Although INA 101(a)(51) includes several benefits under the term “VAWA self-petitioner,” this part focuses on self-petitions filed under INA 204(a).
[^ 5] See INA 204(a). See 8 CFR 204.1(a)(3). See 8 CFR 204.2(c)(1). See 8 CFR 204.2(e)(1). Although 8 CFR 204.2(c)(1) and 8 CFR 204.2(e)(1) require self-petitioners to demonstrate extreme hardship to themselves or their children if deported; that they reside in the United States at the time of filing; and that their shared residence with the abuser takes place in the United States, the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000) removed these as eligibility requirements and supersedes this part of the regulation.
[^ 8] For more information on evidentiary requirements, see Chapter 5, Adjudication, Section B, Review of Evidence, Subsection 2, Any Credible Evidence Provision [3 USCIS-PM D.5(B)(2)].
[^ 9] See INA 204(a)(1)(J). See 8 CFR 103.2(b)(2)(iii). See 8 CFR 204.1(f)(1). See 8 CFR 204.2(c)(2)(i). See 8 CFR 204.2(e)(2)(i). INA 204(a)(1)(J) was not specifically amended to encompass the consideration of secondary evidence submitted by self-petitioning parents. The discussion of evidence found at 8 CFR 103.2(b)(2)(iii) and 8 CFR 204.1(f)(1) regarding self-petitions filed under INA 204(a)(1)(A)(iii) and (iv) and INA 204(a)(1)(B)(ii) and (iii) is applicable to self-petitions filed by abused parents of U.S. citizen sons or daughters under INA 204(a)(1)(A)(vii). For more information about the any credible evidence provision, see Chapter 5, Adjudication, Section B, Review of Evidence, Subsection 2, Any Credible Evidence Provision [3 USCIS-PM D.5(B)(2)].
[^ 14] Self-petitioning spouses may also include certain intended spouses and former spouses. For more information, see Subsection 2, Self-Petitioning Spouse [3 USCIS-PM D.2(B)(2)]; Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 1, Self-Petitioning Spouse’s Divorce [3 USCIS-PM D.3(A)(1)]; and Chapter 3, Effect of Certain Life Events, Section D, Death of the U.S. Citizen, Lawful Permanent Resident, or Self-Petitioner [3 USCIS-PM D.3(D)].
[^ 18] See INA 204(a)(1)(A)(iii)(II)(aa)(CC)(bbb). See INA 204(a)(1)(A)(iv). See INA 204(a)(1)(A)(vii). See INA 204(a)(1)(B)(ii)(II)(aa)(CC)(aaa). See INA 204(a)(1)(B)(iii). For more information, see Chapter 3, Effect of Certain Life Events, Section E, Loss or Renunciation of U.S. Citizenship or Loss of Lawful Permanent Resident Status [3 USCIS-PM D.3(E)].
[^ 20] See 8 CFR 204.1(g)(1). Note that self-petitioners may submit any credible evidence relevant to the abuser’s U.S. citizenship or LPR status.
[^ 21] See 8 CFR 204.1(g)(1). Note that self-petitioners may submit any credible evidence relevant to the abuser’s U.S. citizenship or LPR status.
[^ 24] See Matter of B--, 6 I&N Dec. 555 (BIA 1955). See Matter of Ah San (PDF), 15 I&N Dec. 315 (BIA 1975).
[^ 26] See INA 204(a)(1)(A)(iii)(II)(aa)(CC). See INA 204(a)(1)(B)(ii)(II)(aa)(CC). For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition [3 USCIS-PM D.3(A)] and Section D, Death of the U.S. Citizen, Lawful Permanent Resident, or Self-Petitioner [3 USCIS-PM D.3(D)]. Although 8 CFR 204.2(c)(1)(i)(A) requires that the self-petitioner demonstrate an existing marriage to the abuser at the time of filing, the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000) amended this requirement to allow abused spouses to remain eligible for VAWA benefits if the marriage was terminated due to divorce or death in certain circumstances. VTVPA supersedes this part of the regulation.
[^ 28] See Matter of Lovo-Lara (PDF), 23 I&N Dec. 746 (BIA 2005) and Matter of Da Silva (PDF), 15 I&N Dec. 778 (BIA 1976). To determine the validity of a marriage, USCIS considers the same evidence submitted for a spousal-based Petition for Alien Relative, (Form I-130). For more information on Form I-130 and what constitutes a legally valid marriage, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].
[^ 29] See Matter of H-- (PDF), 9 I&N Dec. 640 (BIA 1962). A polygamous marriage, even if valid where contracted, is not recognized for immigration purposes.
[^ 34] For more information on marriages terminated outside the United States, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].
[^ 41] See INA 204(a)(1)(D)(i). See INA 204(a)(1)(D)(v). See INA 201(f). See INA 203(h). For more information, see Chapter 3, Effect of Certain Life Events, Section G, Child Turning 21 Years Old [3 USCIS-PM D.3(G)].
[^ 42] See 8 CFR 204.2(e)(1)(ii). For more information, see Chapter 3, Effect of Certain Life Events, Section B, Self-Petitioner’s Marriage or Remarriage [3 USCIS-PM D.3(B)].
[^ 44] For more information, see Volume 6, Immigrants, Part B, Family-Based Immigrants, Chapter 8, Children, Sons, and Daughters [6 USCIS-PM B.8] and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section B, Child Born in Wedlock [12 USCIS-PM H.3(B)].
[^ 45] See 8 CFR 204.2(e)(2)(ii)(A). For more information on acquiring U.S. citizenship at birth, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309) [12 USCIS-PM H.3].
[^ 46] See 8 CFR 204.2(d)(2)(i). USCIS considers the same evidence submitted to demonstrate a parent-child relationship under 8 CFR 204.2(d)(2) as for a child filing a self-petition. Note that officers should always consider any credible evidence submitted by the self-petitioner in accordance with INA 204(a)(1)(J).
[^ 52] See INA 101(b)(1)(C). See 8 CFR 204.2(d)(2)(ii). For more information on legitimation, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].
[^ 56] See 8 CFR 204.2(d)(2). See 8 CFR 204.2(e)(2)(ii). See INA 204(a)(1)(J). See 8 CFR 204.2(e)(2)(i). For more information on the consideration of evidence, see Chapter 5, Adjudication, Section B, Review of Evidence, Subsection 2, Any Credible Evidence Provision [3 USCIS-PM D.5(B)(2)].
[^ 58] See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].
[^ 59] See Matter of Pagnerre (PDF), 13 I&N Dec. 688 (BIA 1971). This case involves whether a stepdaughter qualifies as a family-based preference category relative of a U.S. citizen under INA 203(a)(3) when the marriage that created the step relationship terminated due to the death of the beneficiary’s biological parent. The court found that there was a continuing step relationship in fact between the petitioner and beneficiary after the death of the beneficiary’s father and approved the petition for preference classification. For more information, see Chapter 3, Effect of Certain life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].
[^ 62] See INA 204(a)(1). For more information, see Section B, Qualifying Relationship, Subsection 2, Self-Petitioning Spouse [3 USCIS-PM D.2(B)(2)].
[^ 65] See INA 101(b)(1)(E)(i). See INA 204(a)(1)(A)(iv). See INA 204(a)(1)(B)(iii). There are three different ways for a child to immigrate to the United States based on adoption. See INA 101(b)(1)(E). See INA 101(b)(1)(F). See INA 101(b)(1)(G). See 8 CFR 204.2(d)(2)(vii). See 8 CFR 204.301-8 CFR 204.314. The requirements to self-petition as an abused adopted child apply to the family-based process under INA 101(b)(1)(E), INA 204(a)(1)(A)(iv), and INA 204(a)(1)(B)(iii). See Volume 5, Adoptions, Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].
[^ 66] See INA 101(b)(1)(E)(i). See INA 101(b)(1)(F). See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].
[^ 67] See INA 101(b)(1)(E)(ii). See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].
[^ 68] See 8 CFR 204.2(e)(2)(ii)(F). Although 8 CFR 204.2(e)(2)(ii)(F) requires that self-petitioners submit evidence that they have been residing with and in the legal custody of the abusive adoptive parent for at least 2 years, the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162 (PDF), 119 Stat. 2960 (January 5, 2006) removed this as an eligibility requirement and supersedes this part of the regulation.
[^ 69] See INA 204(a)(1)(A)(vii). See INA 101(b)(2). USCIS considers the same evidence submitted to establish eligibility for an abused spouse or child under 8 CFR 204.2(c)(2) and 8 CFR 204.2(e)(2) as for an abused parent.
[^ 72] See INA 101(b)(1). See INA 101(b)(2). A child is defined as “an unmarried person under 21 years of age” in INA 101(b)(1). INA 101(b)(1)(B) and INA 101(b)(1)(E), (F), and (G) further define a child to include a stepchild and an adopted child, respectively. Similarly, “parent,” “father,” and “mother” are defined in INA 101(b)(2) to include stepparents and certain adoptive parents. An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to apply for VAWA relief under INA 204(a)(1)(A)(vii) provided that the self-petitioner is a “parent” as defined in INA 101(b)(2) and has or had a qualifying relationship to the U.S. citizen son or daughter. USCIS considers the same evidence submitted for a Petition for Alien Relative (Form I-130) for a child or parent as for a self-petitioning parent to establish a qualifying relationship to a U.S. citizen son or daughter. For more information on Form I-130s, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].
[^ 73] For more information, see Volume 6, Immigrants, Part B, Family-Based Immigrants, Chapter 8, Children, Sons, and Daughters [6 USCIS-PM B.8] and Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 3, U.S. Citizens at Birth (INA 301 and 309), Section B, Child Born in Wedlock [12 USCIS-PM H.3(B)].
[^ 74] See 8 CFR 204.2(e)(2)(ii)(A). See 8 CFR 204.2(f)(2). USCIS considers the same evidence submitted to demonstrate a parent-child relationship as described in 8 CFR 204.2(e) and 8 CFR 204.2(f)(2) as for a parental relationship for parents filing a self-petition under INA 204(a)(1)(A)(vii). Note that officers should always consider any credible evidence submitted by the self-petitioner in accordance with INA 204(a)(1)(J).
[^ 81] See INA 101(b)(1)(C). See 8 CFR 204.2(f)(2)(ii). For more information on legitimation, see Volume 6, Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B].
[^ 85] See 8 CFR 204.2(e)(2)(ii). See 8 CFR 204.2(f)(2). See INA 204(a)(1)(J). See 8 CFR 204.2(e)(2)(i). For more information on the consideration of evidence, see Chapter 5, Adjudication, Section B, Review of Evidence, Subsection 2, Any Credible Evidence Provision [3 USCIS-PM D.5(B)(2)].
[^ 87] See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. For more information, see Chapter 3, Effect of Certain Life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].
[^ 88] See Matter of Pagnerre (PDF), 13 I&N Dec. 688 (BIA 1971). This case involves whether a stepdaughter qualifies as a family-based preference category relative of a U.S. citizen under INA 203(a)(3) when the marriage that created the step relationship terminated due to the death of the beneficiary’s biological parent. The court found that there was a continuing step relationship in fact between the petitioner and beneficiary after the death of the beneficiary’s father and approved the petition for preference classification. For more information, see Chapter 3, Effect of Certain life Events, Section A, Divorce Prior to Filing the Self-Petition, Subsection 2, Termination of a Step-Relationship Due to Divorce or Death [3 USCIS-PM D.3(A)(2)].
[^ 91] To meet the definition of a parent under INA 101(b)(2), the parent’s child must meet one of the definitions of child under INA 101(b)(1). There are three different ways to meet the definition of child based on adoption. See INA 101(b)(1)(E). See INA 101(b)(1)(F). See INA 101(b)(1)(G). See INA 204(a)(1)(A)(vii). See Volume 5, Adoptions, Part A, Adoption Overview [5 USCIS-PM A].
[^ 92] See Volume 5, Adoptions, Part A, Adoptions Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4].
[^ 94] See INA 101(b)(1)(E)(i). In certain circumstances the adoption may take place prior to the child attaining 18 years old if a sibling exception applies. See Volume 5, Adoptions, Part E, Family-Based Adoption Petitions [5 USCIS-PM E].
[^ 96] See INA 101(b)(1)(E). See 8 CFR 204.2(f)(2)(iv). See Volume 5, Adoptions, Part A, Overview, Chapter 4, Adoption Definition and Order Validity [5 USCIS-PM A.4]. USCIS considers the same evidence submitted to demonstrate a parent-child relationship under 8 CFR 204.2(f)(2) as for a parent filing a self-petition. Note that officers should always consider any credible evidence submitted by the self-petitioner in accordance with INA 204(a)(1)(J).
[^ 97] To establish an adoptive relationship if the child was adopted through the orphan process under INA 101(b)(1)(F), see Volume 5, Part C, Child Eligibility Determinations (Orphan) [5 USCIS-PM C]. To establish an adoptive relationship if the child was adopted through the Hague process under INA 101(b)(1)(G), see Volume 5, Part D, Child Eligibility Determinations (Hague) [5 USCIS-PM D].
[^ 100] See 61 FR 13061, 13068 (PDF) (Mar. 26, 1996). See Bark v. INS, 511 F.2d 1200 (9th Cir. 1975). The court stated that evidence of separation, standing alone, cannot support a finding that a marriage was not bona fide when it was entered. The duration of a separation is relevant to, but not dispositive of, an intent to enter a marriage.
[^ 103] See 8 CFR 204.2(c)(1)(iv). See 8 CFR 204.2(e)(1)(iv). For more information, see Chapter 3, Effect of Certain Life Events, Section C, Marriage-Related Prohibitions on Self-Petition Approval [3 USCIS-PM D.3(C)].
[^ 110] See Merriam-Webster Dictionary’s law definition of “battery.”
[^ 111] See Hernandez v. Ashcroft, 345 F.3d 824, 840 (9th Cir. 2003). “Non-physical actions rise to the level of domestic violence when ‘tactics of control are intertwined with the threat of harm in order to maintain the perpetrator’s dominance through fear…’ Because every insult or unhealthy interaction in a relationship does not rise to the level of domestic violence. Congress required a showing of extreme cruelty in order to ensure that [the VAWA suspension statute] protected against the extreme concept of domestic violence, rather than mere unkindness” (internal citations omitted).
[^ 117] See INA 204(a)(1)(A)(iii)(II)(dd). See INA 204(a)(1)(A)(iv). See INA 204(a)(1)(A)(vii)(IV). See INA 204(a)(1)(B)(ii)(II)(dd). See INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(1)(i)(D). See 8 CFR 204.2(e)(1)(i)(D). USCIS implemented this new interpretation on February 10, 2022 given that several federal courts have recently held that the statutory language does not require shared residence during the qualifying relationship. See Dartora v. U.S., No. 4:20-CV-05161-SMJ (E.D.W.A. June 7, 2021). See Bait It v. McAleenan, 410 F. Supp. 3d 874 (N.D. Ill. 2019). See Hollingsworth v. Zuchowski, 437 F. Supp. 3d 1231 (S.D. Fla. 2020).
[^ 120] Although 8 CFR 204.2(c)(1)(v) states that “[a] self-petition will not be approved if the self-petitioner is not residing in the United States,” this portion of the regulation has been superseded by the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000), which removed the requirement for the self-petitioner to reside in the United States.
[^ 124] For more information on filing a VAWA self-petition from outside the United States, see Section H, Self-Petitioners Filing from Outside the United States [3 USCIS-PM D.2(H)].
[^ 128] See 8 CFR 204.2(e)(2)(v). Affirmative evidence of good moral character is required for all self-petitioning children age 14 or older.
[^ 130] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996). The regulation provides that a self-petition filed by a person of any age may be denied or revoked if the evidence establishes that the person lacks good moral character.
[^ 132] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996). The statute requires all self-petitioners to be persons of good moral character but does not specify the period for which good moral character must be established. The regulations require evidence of good moral character for the 3 years immediately preceding the date the self-petition is filed.
[^ 133] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996). USCIS is not precluded from choosing to examine the self-petitioner’s conduct and acts prior to the 3-year period if there is reason to believe that the self-petitioner may not have been a person of good moral character in the past. See Matter of P-- (PDF), 8 I&N Dec. 167 (R.C. 1958). See DeLucia v. INS, 370 F.2d 305 (7th Cir. 1966). See Matter of Sanchez-Linn (PDF), 20 I&N Dec. 362 (BIA 1991). The more serious the past misconduct, the longer the period of good conduct must be to meet the burden of establishing good moral character.
[^ 135] See 8 CFR 204.2(c)(1)(vii). See 8 CFR 204.2(e)(1)(vii). The self-petitioner may appeal the decision to revoke the approval within 15 days after service of notice of the revocation. See 8 CFR 205.2(d). For more information, see Chapter 6, Post-Adjudicative Matters, Section A, Revocations [3 USCIS-PM D.6(A)].
[^ 139] See INA 204(a)(1)(C). Note that USCIS applies INA 204(a)(1)(C) to all self-petitioners, including those filing under INA 204(a)(1)(A)(v), INA 204(a)(1)(A)(vii), and INA 204(a)(1)(B)(iv), despite the fact that these self-petitioners are not specifically referenced in INA 204(a)(1)(C).
[^ 141] See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996) (citing to Pablo v. INS, 72 F.3d 110, 113 (9th Cir. 1995) and Gouveia v. INS, 980 F.2d 814, 817 (1st Cir. 1992)).
[^ 144] For example, persons who admitted to having engaged in prostitution under duress but had no prostitution convictions were not excludable as prostitutes under INA 212(a)(2)(D), because they were involuntarily reduced to such a state of mind that they were actually prevented from exercising free will through the use of wrongful, oppressive threats or unlawful means. See Matter of M-, 7 I&N Dec. 251 (BIA 1956). See 61 FR 13061, 13066 (PDF) (Mar. 26, 1996).
[^ 145] See INA 101(f). “The fact that any person is not within the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.” See 8 CFR 204.2(c)(1)(vii). See 8 CFR 204.2(e)(1)(vii).
[^ 148] See 8 CFR 204.2(c)(2)(v). See 8 CFR 204.2(e)(2)(v). For more information, see the Department of State’s Foreign Affairs Manual (FAM) for information on the availability of foreign clearances by country.
[^ 152] See Appendix: Statutory Bars to Establishing Good Moral Character – Waivable Conduct [3 USCIS-PM D.2, Appendices Tab], which includes a quick-reference chart indicating which disqualifying acts and convictions under INA 101(f) have a waiver available.
[^ 153] See Da Silva v. Attorney General (PDF), 948 F.3d 629 (3rd Cir. 2020). The court held that “connected to” as it is used in INA 204(a)(1)(C) means “having a causal or logical relationship.”
[^ 154] See INA 204(a)(1)(A)(v). See INA 204(a)(1)(B)(iv). There is no statutory requirement that a self-petitioning parent be living in the United States at the time the self-petition is filed. The filing requirements at INA 204(a)(1)(A)(v) relating to a self-petitioning spouse, intended spouse, or child living abroad of a U.S. citizen are applicable to self-petitions filed by an abused parent of a U.S. citizen son or daughter.
[^ 156] See INA 204(a)(1)(A)(iii)(I). See INA 204(a)(1)(A)(iv). See INA 204(a)(1)(B)(ii)(I). See INA 204(a)(1)(B)(iii). See 8 CFR 204.2(c)(4). 8 CFR 204.2(e)(4) has been superseded by the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464 (October 28, 2000), which amended the INA to allow children of child self-petitioners to be classified as derivative beneficiaries under INA 204(a)(1)(A)(iv) and INA 204(a)(1)(B)(iii).
[^ 162] See INA 204(a)(1)(D)(i)(III). For more information, see Chapter 3, Effect of Certain life Events, Section G, Child Turning 21 Years Old, Subsection 2, Self-Petitioning Child or Derivative Turns 21 Years Old After the Self-Petition is Filed [3 USCIS-PM D.3(G)(2)].