Is There Any Interview for VAWA?
Interviews for a Violence Against Women Act (VAWA) petition are not always required but can be requested at the discretion of the United States Citizenship and Immigration Services (USCIS). While many VAWA petitions are adjudicated based solely on the submitted evidence, USCIS may require an interview if they need clarification, additional information, or verification of claims. If an interview is requested, it provides the petitioner an opportunity to address questions and further support their case. Legal counsel can help prepare for such interviews to ensure a smooth process.
The immigration attorneys at Bassey Immigration Law Center can help you with all aspects of your VAWA petition, including potential interviews, gathering the evidence you need to move closer to your green card, and a life that is independent of your abuser. We provide responsive support for individuals, families, and business owners who are struggling with immigration matters, especially for those seeking a VAWA petition.
VAWA Interview
Per the USCIS, anyone receiving an interview notice must follow the directions on the notice. The interview addresses your VAWA self-petition and adjustment of status eligibility. Failure to appear at the interview may result in denial of both VAWA and your adjustment of status.
Interviews are conducted at the USCIS field office holding jurisdiction over the petitioner’s residence. Abusers are not permitted to attend the interview. Questions may involve your relationship status, current circumstances, and other information needed to determine whether you qualify under VAWA.
Remember that receiving an interview notice does not necessarily mean your case has been identified as problematic. As the USCIS states, “Interviews help USCIS ensure program effectiveness and integrity, improve USCIS assessment of program requirements, and preserve access to critical protections for victims of abuse.”
The USCIS also wants to “analyze results from interviews to consider trends and incidences of fraud.” Depending on the data, it will then determine whether conducting more interviews is worthwhile.
VAWA Self Petition
You can apply for lawful permanent resident status without notifying your abuser by filing a VAWA self-petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). You do not need the consent of the family member who is abusing you. Although the Act refers to women, those of either sex who meet eligibility criteria may file.
VAWA self-petitioners may also submit Form I-485, Instructions for Application to Register Permanent Residence or Adjust Status. Those who file both Form I-360 and Form I-485 are subject to a VAWA interview. If your Form I-360 is denied, you have the right to file an appeal within 33 days (30 days plus 3 days for mailing) of receiving the denial notice.
Eligibility Criteria
Those eligible to file a VAWA petition include:
- Spouses may file a VAWA petition if they were abused by their spouse, who is a U.S. citizen or a lawful permanent resident (LPR).
- Parent: If your child is a U.S. citizen and has abused you, you may file a VAWA petition. However, you cannot file a petition if your child is a lawful permanent resident.
- Children: An abused, unmarried child under 21 who has been abused by their U.S. citizen or lawful permanent resident parent is eligible to file a VAWA petition.
Contact Bassey Immigration Law Center
If you have been a victim of violence by a spouse, parent, or child, you need the services of an experienced immigration appeals attorney at Bassey Immigration Law Center. Petitioning for a VAWA-based green card is a sensitive legal matter that must be handled carefully. To speak with a knowledgeable and compassionate immigration lawyer at Bassey Immigration Law Center, contact us today.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.