The Expansion of VAWA to include battered or abused parents of U.S. Citizens


USCIS released a memo addressing the ability of abused and battered parents of U.S. Citizens to file VAWA self-petitions. USCIS correctly interpreted the intent of Congress in the Immigration and Nationality Act (INA) to include the ability to step parents and adoptive parents to self-petition:

"An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to apply for VAWA relief pursuant to 201(a)(1)(A)(vii) provided that the self petitioner is a “parent” (as defined in section 101(b)(2)) and has or had a qualifying relationship to a U.S. citizen son or daughter. Additionally, the qualifying relationship must have been in existence at the time of the abuse and at the time of filing."

Ricky Malik, Esq.