Immigration

If you are under age 21 and not married, you may qualify for a VAWA self-petition if you answer “yes” to any of the questions below:

1. Is your abusive parent a U.S. citizen or lawful permanent resident?
2. Is your abusive step-parent a U.S. citizen or lawful permanent resident and s/he married your parent when you were age 17 or younger?¹

Note: You could still qualify for a VAWA self-petition even if your parent and abusive step-parent are divorced.²

3. Is your abusive adoptive parent a U.S. citizen or lawful permanent resident and were you adopted before you turned 16?
4. Did your abusive parent lose her or his status as a U.S. citizen or lawful permanent resident within the past two years because of the abuse?¹

If you are over 21 and not married, you may still be able to file a VAWA self-petition if all of the following are true:

• you file before you turn 25;
• you remain unmarried;
• you can prove that the day before you turned 21, you would have qualified to file a self-petition; and
• you can prove that the abuse was ”one central reason” for not filing before you turned 21.³

Another possible immigration remedy for a child who was abused, abandoned, or neglected by a parent is Special Immigrant Juvenile Status (SIJS). It is important to know that you can still be considered to be “abandoned” by one parent even if you are living with, and being supported by, your other parent. If SIJS classification is granted, you may qualify for lawful permanent residency. You can read more about the requirements on the USCIS.gov website or on Immi.org. (WomensLaw is not affiliated with that organization.) Please talk to a lawyer who specializes in SIJS for specific advice.

¹ INA § 204(a)(1)(A)(iv), (a)(1)(B)(iii)
² Arguijo v. USCIS, 991 F.3d 736 (7^th Cir. 2021), USCIS Policy Manual, Volume 3, Part D, Chapter 2
³ INA § 204(a)(1)(D)(v)