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EspañolHow can I apply for a VAWA self-petition if I don't have a copy of the abuser's green card? It is listed in the forms as a required document.
I reached out to an immigration lawyer at ASISTA (a national immigration non-profit legal organization) and I got some information back that I hope will be helpful. Basically, this is what she explained to me:
The VAWA (form I-360) instructions say, “You may file your self-petition with any credible relevant evidence of your eligibility. The determination of what evidence is credible and the weight to be given that evidence is within the sole discretion of USCIS.” Basically, a person can request that USCIS verify the abuser’s legal status if the applicant cannot obtain a copy of the green card to prove his/her status. It is also usually a good idea for the applicant to explain why s/he can’t get primary proof of the abuser’s status (for example, if s/he fled from violent home). It is also likely helpful for the applicant to provide as much information as s/he has about the legal permanent resident (“LPR”) spouse (i.e., name, date of birth, Social Security number, place of birth, alien registration number (known as the A #), etc). If USCIS doesn’t have enough specifics about the abuser, they won’t know what database to check and they will likely say they can’t find the information. (The federal law called 8 CFR 204.1(g)(2) and (g)(3) talk about this a bit - if you would like me to send you a copy of it, just let me know.)
In addition, it is generally recommended that the applicant include secondary evidence of the abuser’s status. For example, affidavits from people who know the abuser to be an LPR such as friends/relatives/neighbors who can say that the abuser told them s/he was an LPR. In addition, the petitioner’s own statement of how s/he knows that the abuser in an LPR (for example, mentioning in his/her declaration if the abuser has shown his/her green card to the petitioner or if s/he has seen the stamp in the abuser’s passport or something similar). If the petitioner can also access any school, benefit, employment, or other records of the abuser that may offer proof of his/her legal permanent resident status, those too can be included as secondary evidence. (The federal law called 8 CFR 204.1(g)(2) talks about this sort of secondary evidence - if you would like me to send you a copy of it, just let me know.)
