VAWA Eligibility Elements: Relationship, Good-Faith Marriage, Shared Residence, Good Moral Character, and Derivatives

01

Common Elements

The Policy Manual lists: a qualifying relationship with an abusive citizen or lawful permanent resident; for spouses, a marriage entered into in good faith; past or current shared residence with the abuser; good moral character; and battery or extreme cruelty suffered during the relationship.

02

Good-Faith Marriage and “Intended Spouses”

A spouse must establish that, at the time of marriage, both parties intended to share a life together. USCIS will not deny solely because the parties have separated, and separation shortly after marriage does not itself establish that the marriage was not entered into in good faith. Instead, USCIS evaluates all the facts together.

If an applicant believed they had entered into a valid marriage, but the marriage was invalid solely because of the abuser’s bigamy, they may be protected as an “intended spouse.”

03

Shared Residence

The applicant must have resided with the abuser during the qualifying relationship but need not still be residing with the abuser at the time of filing. Applicants in the child category must have resided with the abuser when the abuse occurred.

04

Good Moral Character

USCIS generally, but not exclusively, examines the 3 years before filing, makes a case-by-case determination, and refers to INA 101(f); where there is reason to do so, it may also examine earlier or later conduct. Child self-petitioners under age 14 are presumed to have good moral character and need not submit separate evidence, but USCIS may still request evidence if there are questions.

05

Special Conditions for the Child and Parent Categories

A child must be unmarried and under age 21 at filing and remain unmarried at approval; termination of the abusive parent’s custody or parental rights does not affect the child’s eligibility. An applicant in the parent category must establish that the abusive son or daughter met the definition of “child” before age 21 and is at least 21 years old and a citizen at the time of filing.

06

Different Rules on Derivative Family Members

Spouse and child self-petitioners may list their own children as derivative beneficiaries; derivative children must be unmarried and under age 21 at filing and receive the same classification and priority date as the self-petitioner. Parent self-petitioners cannot confer derivative benefits on family members—even if family members are listed, the petition will not be denied for that reason, but the listed derivatives will not receive benefits.