-The abuser must be a U.S. citizen or a lawful permanent resident
-The marriage was entered into in good faith, and not for the purpose of receiving benefits under immigration law
-The immigrant spouse suffered extreme cruelty and abuse by the abuser (this includes sexual, physical and mental abuse).
-The immigrant spouse must have resided with the abuser-spouse.
-The applicant must be of good moral character.
It is crucial that the VAWA petition be documented as thoroughly as possible. Due to the high number of VAWA applications that are currently being sent to USCIS for review, it is crucial that the application be prepared as thoroughly and meticulously as possible. This includes attaching affidavits of the victim as well as others who can vouch for the victim, and medical and psychological reports.