At Casais & Prias, we understand that no one should have to choose between safety and immigration status. If you are the victim of abuse by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child, you may be eligible for immigration relief under the Violence Against Women Act (VAWA). This powerful law allows victims to self-petition for lawful status without the knowledge or involvement of their abuser.
What Is VAWA?
The Violence Against Women Act is a federal law that enables certain noncitizens to file a self-petition (Form I-360) to obtain lawful immigration status, work authorization, and a path to a green card. VAWA applies to women and men and includes protection for children and parents who are victims of abuse.
Who Qualifies for a VAWA Self-Petition?
You may be eligible to self-petition under VAWA if you meet any of the following criteria. Each case is unique, and eligibility depends on a combination of your relationship to the abuser, the abuse suffered, and your current immigration situation.
– Are or were married to a U.S. citizen or lawful permanent resident (LPR) who abused you:
VAWA allows you to self-petition even if you are currently divorced, as long as the divorce occurred within two years prior to filing and was connected to the abuse. The marriage must have been entered into in good faith, not solely for immigration benefits.
– Are the child of an abusive U.S. citizen or LPR:
Children under 21 (and in some cases up to age 25 if abuse was the main reason for a delay in filing) may qualify if they were abused by a U.S. citizen or LPR parent. This includes biological children, stepchildren, or adopted children in qualifying parental relationships.
– Are the parent of an abusive U.S. citizen child:
Parents who are subjected to abuse or extreme cruelty by their adult U.S. citizen sons or daughters may also qualify. The abusive child must be at least 21 years old.
– Have lived with the abuser at some point:
You do not need to currently live with the abuser, but you must have shared a residence with them at some time during the relationship.
– Have suffered battery or extreme cruelty:
VAWA covers more than physical abuse. Psychological, emotional, sexual, and financial abuse, as well as threats, isolation, intimidation, and controlling behavior, may also qualify as “extreme cruelty.”
– Are a person of good moral character:
You must show that you are a person of good moral character, typically by demonstrating a lack of serious criminal activity and adherence to U.S. laws. Some exceptions apply for survivors of abuse who may have been forced into certain acts.
Benefits of a VAWA Petition
VAWA provides critical protections and long-term immigration benefits for survivors. If your petition is approved, you may be eligible for the following:
– File for a green card without the abuser’s knowledge or involvement:
You can apply for lawful permanent residence independently, giving you the freedom to leave an abusive situation without risking your immigration future.
– Apply for work authorization:
Once your VAWA petition or green card application is pending, you can apply for a work permit, allowing you to legally work and support yourself.
– Receive deferred action and protection from removal:
Approved VAWA petitioners are protected from deportation while their green card case is pending. This offers peace of mind and legal stability.
– Include your children in your petition if eligible:
You may be able to include your children (if they are under 21 and unmarried) even if they were not directly abused, helping to keep your family together and protected.
– Access a path to U.S. citizenship after obtaining permanent residence:
After becoming a lawful permanent resident through VAWA, you may be eligible to apply for naturalization after three years (if married to a U.S. citizen) or five years in most other cases.
Confidential and Independent Process
VAWA petitions are confidential, meaning the abusive relative will not be notified. The process allows victims to take control of their future and obtain immigration benefits without fear of retaliation or further abuse.
Our experienced immigration attorneys work closely with VAWA petitioners to gather the necessary documentation, including:
– Police reports, medical records, and court orders (if applicable)
– Personal affidavits describing the abuse
– Letters from therapists, clergy, teachers, or community members
– Evidence of shared residence and relationship with the abuser
We understand how sensitive and complex these cases are. At Casais & Prias, we handle every VAWA petition with discretion, care, and deep legal knowledge. Whether you’re in the early stages of exploring your options or ready to file, we are here to support and guide you every step of the way.
No. Despite the name, VAWA protections are available to all genders, including men and non-binary individuals.
No. You may file while still married or within two years of a divorce, if the divorce was connected to the abuse.
You may still qualify for VAWA and eventually adjust status, even if you entered without inspection. An attorney can help assess your options.
No. VAWA petitions are confidential. USCIS will not notify your abuser.
Yes. You may include your unmarried children under 21 who have not filed their own petitions.
Extreme cruelty may include emotional abuse, threats, isolation, controlling behavior, or other non-physical harm that causes suffering.
Timelines vary. VAWA self-petition approval can take 12–18 months, followed by green card processing. Work permits are often available while the petition is pending.