Lawyers Manual - Unified Court System

358 Barbara Weiner
of domestic violence to petition for permanent residence on their own behalf was
provided by Congress in the 1994 Violence Against Women Act (VAWA).
To be classified as a qualified immigrant for benefits purposes, the battered
immigrant must show:
1. That a family-based petition (I-130) has been filed on her
behalf by her US citizen or LPR spouse and has been
approved or is pending; OR
2. That she has filed a self-petition (I-360) on her own behalf
that is pending or has been approved; 8 OR
3. That she has filed an application for suspension of deportation
or cancellation of removal based on the battery or abuse by
her US citizen or LPR spouse that is pending or has been
approved; AND
4. That the she has been battered or subjected to extreme cruelty;
AND
5. That her need for benefits is substantially connected to the
battery or extreme cruelty; AND
6. That she no longer resides in the same household as the abuser.
Immigration Status Related Requirements
The first step in the application process is for the battered immigrant to
provide evidence to the benefits agency that an immigration petition has been
filed with the United States Citizenship and Immigration Service (USCIS)
showing that she is the spouse of a US citizen or lawful permanent resident, that
she entered the marriage in good faith, and that she is a person of good moral
character. This requirement may be met either by providing evidence to the
agency that a family-based petition (Form I-130) was filed on her behalf by her
abuser spouse or by showing that she has filed a battered spouse self-petition
(Form I-360). 9
Immigration Documents That Prove an I-130 Petition is Pending or
Has Been Approved:
A major barrier to the provision of benefits to qualified battered immigrants
has been the failure of local social services districts to fully understand the
immigration related requirements of the battered qualified immigrant category. 10
Agencies often fail to recognize that an immigrant who is the beneficiary of an