Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which individuals are eligible to submit a VAWA self-petition?

1. Abused spouse of a USC who died three years ago

2. Abused spouse of an LPR who died last year

3. Abused 26-year-old daughter of USC

4. Abused parent of LPR

The correct answer is: Abused spouse of a USC who died three years ago

The eligibility to submit a VAWA self-petition (Violence Against Women Act) is established for specific relationships and circumstances regarding abuse. In this case, the correct answer is that the abused spouse of a U.S. citizen (USC) who died three years ago is eligible to submit a VAWA self-petition. Under VAWA, individuals who were abused by their U.S. citizen spouses can file for self-petitioning regardless of whether the abuser is still alive, provided that the marriage was valid and the abuse occurred during the marriage. Importantly, the law allows for individuals to petition based on past relationships with a USC, even if the USC is deceased, up to two years after the death, as long as the petition is made within the specified time limits and the marriage was bona fide. In contrast, while the abused spouse of a lawful permanent resident (LPR) who died last year could seemingly have a valid claim, their eligibility is more restricted, particularly relating to VAWA self-petitions. The time frame for submitting a petition is also critical in determining eligibility status. The other options concerning an abused daughter and a parent don't fit the criteria for VAWA self-petitioning as they do