VAWA – Violence Against Women Act

Who qualifies

You may be able to self-petition under VAWA if you are, or were, the spouse of a U.S. citizen or lawful permanent resident who abused you; the child of an abusive citizen or resident parent; or the parent of an abusive adult U.S. citizen child. “Abuse” means battery and extreme cruelty, which includes emotional abuse, isolation, threats about your status and financial control, not only physical violence.

You must have lived with the abuser at some point, and, for spouses, have entered the marriage in good faith. Divorce does not end your eligibility if you file within two years and the divorce was connected to the abuse.

How the process works

1. A confidential consultation. Our consultations are generally an hour. They can be in person, by video or by phone. We understand someone pursuing VAWA may be nervous for the consultation. No one will be contacted about your consultation, and we will ensure everything is kept confidential in our office. Our goal is that anyone needing help in an abusive relationship feels safe in our meeting and experiences hope with the possibility that there may be a way out.
2. Building the record. Evidence in a VAWA self-petition is extremely important. Often, a victim of abuse or cruelty does not have police reports or court records documenting the abuse. We may need to be more creative with how we present the case. For instance, using screenshots of text messages, photos, affidavits from those who have witnessed the abuse, your own personal declaration, etc. We also may recommend a psychological evaluation to demonstrate how the abuse has impacted your mental health. Your good character is also important for VAWA, so we will submit your FBI criminal history report as proof of your good character. Joanna runs prints in the office. There is no risk to your fingerprints being submitted, and this is a great way for USCIS to see immediately that you have good character.
3. Filing the correct forms. Not everyone is eligible to file a green card application along with their VAWA petition. We know when to file which forms and will prepare your packet of evidence for submission to USCIS. USCIS keeps the petition confidential. By law, the abuser is not notified and cannot obtain information about it. We typically use our office as a safe address and all mail for your case comes directly to us to avoid anyone at home seeing any notices from immigration.
4. Work authorization and a green card. Not all applicants for VAWA can get a green card. Some applicants are barred under immigration law to adjust (getting a green card) even if they qualify for VAWA. Most of our clients can file for the green card in addition to the VAWA petition. If the applicant cannot include the green card, the applicant can still have deferred action and work authorization once the VAWA is approved, allowing them to remain in the U.S. If the applicant could include the green card, they will get a work permit when the VAWA is approved, but the green card will shortly thereafter be adjudicated. In the meantime, an applicant with a pending green card application (and sometimes, a pending VAWA) can get a work permit under a different category. This helps take the sting out of waiting so long for the VAWA to be adjudicated. Either way, VAWA can bring a huge benefit if someone is in fact eligible and can prove their eligibility with the required documents.

Common questions

This page is general information about federal immigration law and is not legal advice about your situation. Timelines are set by USCIS and change.