Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 323
regarding the joint residence requirement. While the Violence Against Women
Act of 2000 deleted the requirement that joint residence occurred in the United
States, the regulations (and the self-petition form) have not been amended to
reflect these changes. 54 Nor do the regulations reflect that a victim is no longer
required to currently reside in the United States to file. 55 There have been
anecdotal reports that USCIS continues to follow the unamended regulations, and
the practitioner should be prepared to assert that the statute controls if US
residency requirements are at issue. Regulations from USCIS are expected to be
released shortly that conform to the statute.
Good Moral Character
Unlike the battered spouse waiver, a VAWA self-petition must demonstrate
“good moral character.’’ The victim’s personal statement should indicate that she
has good moral character, and she must submit a local police clearance or a
state-issued criminal background check for every location in which she has
resided for at least six months (including any residence abroad) during the threeyear
period before filing the self-petition. If it is impossible to obtain a police
clearance from a foreign authority, the self-petition must include an explanation
as to why the documentation is unavailable, and include affidavits from
witnesses in support of the victim’s good moral character. 56
Absent a history of criminal activity, a good moral character finding is
relatively straightforward. 57 However, a VAWA self-petitioner may be barred from
a finding of good moral character if she has a criminal conviction or admits to
certain disqualifying acts. 58 In that case, it is critical to review the statute and
regulations to determine if she can obtain a waiver. For example, prostitution,
smuggling of a family member, or giving false testimony to procure an
immigration benefit are all acts which would ordinarily render an alien
inadmissible but for which a domestic violence victim may obtain a waiver if she
can demonstrate a connection between the act and the domestic abuse. 59 When
representing a client with issues implicating good moral character, the practitioner
should consult an experienced mentor for assistance with the waiver application. 60
Mechanics of a VAWA Self-Petition
The VAWA self-petition is initiated by filing a “Petition for Amerasian,
Widow(er), or Special Immigrant.” 61 As the name implies, the form applies to
an array of immigrant categories, and only those sections concerning a Self-
Petitioning Spouse of an Abusive US Citizen or Lawful Permanent Resident
should be completed.