Fact Sheet: USCIS Issues Guidance For Approved Violence Against Women Act (VAWA) Self-Petitioners
Released April 11, 2008
U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the
The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the
The guidance issued on
As a general rule, an alien seeking adjustment of status under section 245(a) of the Immigration and Nationality Act (“the Act”) must have been inspected at a port-of-entry and either admitted or paroled into the
In October 2000, section 245(a) of the Act was amended so that the “inspection and admission or parole” requirement does not apply to an alien who is seeking adjustment of status as an approved VAWA self-petitioner.
In the field guidance issued this week, USCIS interprets the introductory text in section 245(a) of the Act as effectively waiving inadmissibility under section 212(a)(6)(A)(i) (present without inspection) of the Act for any alien who is the beneficiary of an approved VAWA self-petition.
Who May File a Motion to Reopen or Reconsider (Form I-290B) a denied Adjustment of Status (Form I-485) application?
A VAWA self-petitioner, whose Adjustment of Status (Form I-485) application was filed on or after
Last Reviewed/Updated: 11/14/2011