Many people considering a VAWA self-petition worry that a criminal record could prevent them from qualifying. A misdemeanor does not automatically disqualify you from VAWA, but it can affect the process.

VAWA allows immigrants who have been abused by a U.S. citizen or permanent resident spouse, parent, or child to self-petition using Form I-360 and, if eligible, apply for a Green Card. One requirement is that the petitioner demonstrates good moral character.

The impact of a misdemeanor depends on several factors:

• Type of offense: Serious crimes, such as violent felonies, drug offenses, or fraud, are more likely to affect good moral character.
• Connection to abuse: Some convictions may be related to the abuse, for example, self-defense or actions caused by the abuser’s behavior. In such cases, these offenses may not automatically disqualify a petitioner.
• Full disclosure and documentation: USCIS requires all arrests, charges, or convictions to be disclosed. Evidence of rehabilitation or mitigating circumstances can strengthen your petition, especially if the offense was minor, old, or related to the abuse.

Having a misdemeanor does not automatically prevent approval, but it adds complexity to the VAWA process. It is important to work with an experienced immigration attorney to ensure your petition addresses all relevant factors.

For assistance with a VAWA petition, contact Agarwal Law Group at 703-348-1663 to schedule a free case evaluation. We handle VAWA and all other immigration cases.

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