If you’re an immigrant in the United States and you’ve experienced abuse from a U.S. citizen or lawful permanent resident family member, you may feel scared, uncertain, and unsure of your rights. But there is a law that may help protect you, the Violence Against Women Act (VAWA).
VAWA allows certain immigrants who’ve suffered abuse to apply for lawful status on their own, without the abuser’s knowledge or involvement.
What Is VAWA?
The Violence Against Women Act (VAWA) is a U.S. federal law originally passed in 1994 to protect survivors of domestic violence, sexual assault, and other forms of abuse. For immigration purposes, VAWA allows abused immigrants to apply for a green card (permanent residency) without relying on the abusive spouse or relative.
Although it is titled the Violence Against Women Act, VAWA protections extend to individuals regardless of gender, not just women.
Who Qualifies for VAWA?
You may be eligible to file a VAWA self-petition if you meet all of the following:
- You are (or were) the spouse, child, or parent of a:
- U.S. citizen, or
- Lawful permanent resident (green card holder)
- You suffered battery or extreme cruelty from that U.S. citizen or permanent resident
- You resided with the abuser at some point
- You are a person of good moral character
You may still qualify even if:
- You are divorced, as long as the divorce was related to the abuse and occurred within the past two years
- The abuser lost U.S. status due to domestic violence-related issues
- You’re no longer living with the abuser
What Is “Battery or Extreme Cruelty”?
You don’t have to show physical violence to qualify. USCIS recognizes emotional abuse, threats, control, isolation, verbal insults, financial abuse, and intimidation as forms of extreme cruelty.
Examples include:
- Being threatened with deportation or harm
- Being isolated from family or friends
- Having your documents withheld
- Experiencing controlling behavior or constant humiliation
How Does the VAWA Petition Process Work?
You must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with U.S. Citizenship and Immigration Services (USCIS). You can do this without the abuser knowing.
If USCIS approves your VAWA petition, you may be able to:
- Apply for a green card (adjustment of status)
- Work legally in the U.S.
- Apply for certain public benefits in some states
Do I Need Police Reports or a Court Case?
No, while evidence like police reports or restraining orders can help, they are not required. Many people support their VAWA petitions with:
- Personal declarations
- Medical or therapy records
- Letters from friends, religious leaders, or counselors
- School records or photographs
What if I’m Undocumented?
You may still qualify. VAWA was designed to protect immigrants, regardless of immigration status. If you meet the eligibility criteria and can prove your relationship and abuse, you may still self-petition, even if you entered the U.S. without permission or overstayed a visa.
Is VAWA Confidential?
Yes. USCIS does not notify the abuser. Your information is protected by law. If you are in danger, consider contacting a local domestic violence shelter or immigration legal service provider immediately.
Conclusion
If you’re an immigrant experiencing abuse from a U.S. citizen or green card holder relative, you may not need to stay in that situation to keep your immigration status. The VAWA self-petition process offers a path to safety, independence, and lawful status, all without the abuser’s involvement.
You are not alone, and you are not powerless. Speak with a licensed immigration attorney or trusted advocacy organization to learn more about your options.
Schedule a Consultation with an Immigration Lawyer
Citations
- USCIS – Abused Spouses, Children and Parents (VAWA)
- USCIS Form I-360 – Petition for Amerasian, Widow(er), or Special Immigrant
- U.S. Department of Justice – Office on Violence Against Women
We Can Help!
If you have questions regarding U.S. immigration, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
