What Is VAWA?
The Violence Against Women Act (VAWA) provides a critical lifeline for survivors of domestic violence, abuse, or extreme cruelty by allowing them to apply for a green card without the involvement of their abuser. This law protects spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs) who have suffered abuse.
If you are experiencing abuse from a U.S. citizen or green card holder spouse, parent, or child, you may be eligible for VAWA relief and a pathway to lawful status in the United States.
Who Qualifies for VAWA?
To apply for a VAWA self-petition, you must meet the following eligibility criteria:
✅ Spouse: You are married (or were recently divorced) to a U.S. citizen or green card holder who abused you.
✅ Child: You are an unmarried child (under 21 years old) who has been abused by a U.S. citizen or green card holder parent.
✅ Parent: You are a parent of a U.S. citizen who has subjected you to abuse.
Additional Requirements:
- You must have lived with the abuser.
- You must have suffered battery or extreme cruelty.
- You must be a person of good moral character.
If you meet these requirements, you can file a VAWA petition (Form I-360) confidentially without the abuser ever being notified.
Benefits of a VAWA Green Card
Once your VAWA petition is approved, you can apply for a green card (lawful permanent residency). Some of the key benefits include:
✔ Independence from the abuser – You apply confidentially, and the abuser will not be notified.
✔ Work Authorization – You may become eligible for an employment authorization document (EAD).
✔ Permanent Residency – You can apply for a green card without needing your abuser’s support.
✔ Path to Citizenship – After receiving your green card, you may be eligible for U.S. citizenship in as little as 3 years.
How to Apply for VAWA?
Step 1: File Form I-360
The first step in the VAWA process is submitting Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) to U.S. Citizenship and Immigration Services (USCIS). This form proves that you meet the eligibility criteria and have suffered abuse.
Supporting Documents for I-360
Your application should include:
📌 Proof of your relationship with the abuser (marriage certificate, birth certificate, etc.)
📌 Evidence of abuse (police reports, medical records, restraining orders, therapist statements, affidavits)
📌 Proof of shared residence with the abuser (leases, bills, photos)
📌 Good moral character evidence (police clearance, letters from community members)
Step 2: Apply for a Green Card (Form I-485)
Once Form I-360 is approved, you may file Form I-485 (Application to Register Permanent Residence or Adjust Status) to obtain a green card.
Common Questions About VAWA
1. Can Men Apply for VAWA?
Yes! Despite the name Violence Against Women Act, men, women, and non-binary individuals can apply for VAWA if they meet the eligibility criteria.
2. Will My Abuser Know I Applied for VAWA?
No. The VAWA process is completely confidential, and USCIS will not notify the abuser.
3. What If I’m No Longer Married to My Abuser?
You can still apply if your marriage ended within the last 2 years.
Can I Apply for Work Authorization?
Yes! In most cases, you can apply for an Employment Authorization Document (EAD) while your green card application is pending. If you are eligible to file Form I-485 (Adjustment of Status) concurrently with Form I-360, you may also submit Form I-765 (Application for Work Authorization) at the same time.
If you did not file your I-485 concurrently, you can apply for an EAD after your I-360 is approved by submitting Form I-765 based on your deferred action status.
5. Do I Need a Police Report or Restraining Order to Apply?
No. While police reports help, VAWA does not require you to report the abuse to law enforcement. You can use medical records, affidavits, or witness statements instead.
Why Work With an Experienced VAWA Immigration Attorney?
Filing a VAWA self-petition requires strong evidence and legal strategy. An experienced VAWA lawyer can:
✅ Help gather and organize evidence
✅ Prepare a strong personal statement
✅ Ensure your application is confidential and well-documented
✅ Handle complex situations (e.g., missing documents, expired visas, past immigration issues)
At Lumina Immigration Law, PC, we provide compassionate, confidential, and skilled legal guidance for survivors seeking immigration relief under VAWA.
Final Thoughts: Take Control of Your Future with VAWA
If you or someone you know is a survivor of domestic violence, abuse, or extreme cruelty, know that you are not alone. VAWA offers a way to break free and build a new life in the U.S..
Take the first step today. Contact Lumina Immigration Law, PC, to discuss your case.
