VIOLENCE AGAINST WOMEN ACT (VAWA)
Immigration Relief Under VAWA
Protection for Survivors of Abuse
The Violence Against Women Act (VAWA) provides a critical lifeline for immigrants who are survivors of domestic violence, abuse, or cruelty at the hands of a U.S. citizen or lawful permanent resident family member. Through VAWA, eligible individuals can self-petition for lawful immigration status without relying on the abuser for sponsorship—offering safety, independence, and a path forward.
What is VAWA Immigration Relief?
VAWA allows certain abused spouses, children, and parents to file a self-petition (Form I-360) to obtain lawful status in the United States. This process protects victims by giving them control over their immigration applications without the knowledge or consent of the abusive relative.
VAWA is open to all genders—not only women—and aims to ensure that survivors can seek safety and stability.
Who is Eligible for VAWA?
You may qualify if you are:
- Spouse:
- Abused by your U.S. citizen or lawful permanent resident spouse.
- Former spouse of an abuser, if the marriage ended due to divorce or death within the past two years.
- Child:
- Unmarried and under 21.
- Abused by your U.S. citizen or lawful permanent resident parent.
- Parent:
- Subjected to abuse or extreme cruelty by your U.S. citizen son or daughter (over 21).
Benefits of VAWA Immigration Status
- Independence: Apply without your abuser’s involvement or knowledge.
- Legal Status: Receive lawful permanent residence (green card) if approved.
- Work Authorization: Ability to work legally in the United States.
- Path to Citizenship: Eligible to apply for U.S. citizenship after meeting requirements.
- Safety & Confidentiality: USCIS protects your information to prevent retaliation.
The Application Process
- File Form I-360 (VAWA Self-Petition) with USCIS.
- Submit Evidence of the abuse, such as police reports, medical records, court documents, or affidavits.
- Await Review – USCIS will carefully evaluate your case while protecting confidentiality.
- Apply for Adjustment of Status (Form I-485) if eligible, to obtain a green card.
Challenges and Considerations
- Proof of Abuse: Documentation is critical but may be difficult to obtain.
- Timing: Deadlines may apply, especially if the abuser is deceased or divorced.
- Complex Legal Issues: Immigration history, prior petitions, or inadmissibility grounds may affect eligibility.
How We Can Help
We understand that survivors of abuse need compassionate, confidential, and professional guidance. Our immigration team is here to:
- Evaluate your eligibility for VAWA relief.
- Assist in preparing a strong self-petition with supporting evidence.
- Guide you through adjustment of status and work authorization.
- Protect your rights and ensure your case is handled with dignity and care.
Take a Step Toward Safety and Independence
If you or someone you love is experiencing abuse and needs immigration help, you don’t have to face it alone. Contact us today to speak with a compassionate legal professional who will stand by your side.