What Is It VAWA Petition?
The Violence Against Woman Act (VAWA) allows battered immigrants to self-petition for legal status in the U.S without relying on abusive U.S. Citizen or legal resident Spouses, parents, or children to sponsor their Adjustment of Status. Victims of domestic violence, battery, and extreme cruelty whose self petitions are approved may file application for adjustment of status to become lawful permanent resident directly.
The April 11, 1008 USCIS guidance provides that an Adjustment of Status application for an approved VAWA self petitioner will not be determined to be ineligible for adjustment of status where he/she entered the U.S. without inspection and admission or parole. Note that as a general rule, an alien seeking adjustment of status under section 245(a) of INA must have been inspected at a port-of -entry and either admitted or paroled into the United States and be admissible as an immigrant.
The April 11, 2008 USCIS guidance allows an approved VAWA self petitioners whose denied adjustments of status application was filed on or after January 14, 1998, to file a MOTION TO REOPEN OR RECONSIDER, if the reason of denial was based on his/her illegal entry in the U.S.