What Is VAWA? A Complete Guide
/The U.S. immigration system can be hard to navigate, especially for people in vulnerable situations. For non-citizens experiencing abuse from a U.S. citizen or lawful permanent resident (Green Card holder) spouse or family member, the fear of deportation can make it feel impossible to get help. Luckily, there’s a legal path designed to protect victims of domestic violence and allow them to gain lawful immigration status independently of their abuser. This protection comes from the Violence Against Women Act, or VAWA.
Here, we’ll explain what VAWA is, who is eligible to apply, and how the process works. We’ll cover the specific requirements, the step-by-step application process, and the benefits that come with an approved VAWA petition.
Understanding the VAWA Self-Petition: A Quick Summary
VAWA is an acronym for the “Violence Against Women Act”. VAWA is a law that allows certain abused immigrants to "self-petition" for legal status without their abuser's knowledge or help. Normally, a U.S. citizen or permanent resident family member must file an immigration petition on behalf of a relative. The VAWA self-petition process removes this requirement.
By filing a VAWA self-petition, the person can obtain legal immigration status, leading to an eventual Green Card (permanent residence) and the ability to work legally in the United States. This is a critical tool that breaks the cycle of control many abusers use by threatening to withdraw immigration support or report their victims to immigration authorities.
The Violence Against Women Act Explained
Violence Against Women Act (VAWA) was passed by Congress in 1994 to address issues of domestic violence, sexual assault, and stalking. While the name has the word “women” in it, immigration relief under this Act applies to both male and female family members.
The VAWA Act understands that an abuser may use their victim's immigration status as a tool for power and control. Therefore, the immigration section of VAWA helps provide non-documented victims of abuse a way to leave a dangerous situation without risking their ability to remain in the U.S.
U.S. Citizenship and Immigration Services (USCIS) handles all VAWA cases with strict confidentiality to protect the petitioner's safety.
Who Is Eligible to File a VAWA Petition?
Eligibility for a VAWA self-petition depends on the applicant's relationship with the abusive U.S. citizen or resident. The three main categories are abused spouses, children, and parents.
Abused Spouses of U.S. Citizens or Lawful Permanent Residents
You may be eligible to file as an abused spouse if you are, or were, married to a U.S. citizen or resident (Green Card holder) who subjected you to battery or extreme cruelty. This includes:
Current Spouses: You are still married to the abusive U.S. citizen or Green Card holder.
Terminated Marriages: Your marriage ended due to the death of your spouse or divorce. If for divorce, you must file your petition within a maximum time of two years after the final date of divorce.
Bigamous Marriages: You believed you were legally married to the abuser but later discovered that the marriage was invalid.
It is important to note that both men and women can apply under this category.
Abused Parents of Adult U.S. Citizens
Parents who have been abused by their adult U.S. citizen child may also be eligible for VAWA protection. To qualify, you must be the parent of a U.S. citizen who is at least 21 years old at the time of filing. The abuse must have been inflicted by the U.S. citizen son or daughter. This category is critical aid for parents who are dependent on their abusive children for care and immigration status.
Abused Children of U.S. Citizens or Lawful Permanent Residents
An abused child can also self-petition under this Act. Eligibility includes that the child must be unmarried, under 21 years old, and have been subjected to battery or extreme cruelty by their U.S. citizen or permanent resident parent.
In some cases, a child can be included in their parent's VAWA petition. However, if the abused parent does not file, the child can file their own self-petition. A non-abused parent can also file on behalf of their abused child, even if that parent is not eligible themselves.
Key VAWA Eligibility Requirements
Beyond having a qualifying relationship, every applicant must meet several key requirements to have their petition approved. USCIS will carefully examine the evidence provided for each of these requirements.
Michael Ponder, our Immigration Attorney, understands how challenging and sensitive your case can be. Our offices are here to guide you through the process and provide the legal help you need. We specialize in applications through the VAWA petition.
The Qualifying Relationship with the Abuser
You must prove that the required family relationship with the U.S. citizen or Green Card holder exists or existed. This is done with documents such as: birth certificates and marriage certificates. If you cannot obtain documents from the abuser, you may provide other forms of secondary evidence.
Proving Abuse: Battery or Extreme Cruelty
This is one of the most critical parts of a VAWA case. You must prove that you were subjected to "battery or extreme cruelty." This definition is broad and includes more than just physical violence.
Battery: This refers to physical abuse, including any form of violent physical contact.
Extreme Cruelty: This encompasses a wide range of non-physical abuse, such as threats, intimidation, emotional abuse, psychological manipulation, sexual abuse or exploitation, forced isolation, and financial control.
Helpful evidence you can add includes police reports, court records, medical records, photos of injuries, and detailed personal declarations from yourself and witnesses (like friends, family, or counselors). However, an applicant can qualify for VAWA benefits with nothing more than letters from people who know about the abuse in some situations where traditional evidence is not available.
Good Faith Marriage (for spouse-based petitions)
If you are filing as an abused spouse, you must prove that your marriage was entered into in "good faith" and not for immigration benefits. Evidence of a good faith marriage includes photos together, joint bank account statements, shared leases or property deeds, birth certificates of children you have together, and affidavits from friends and family who knew you as a couple.
Good Moral Character Requirement
All VAWA petitioners must demonstrate that they are a person of "good moral character." USCIS conducts a background check over a period of three years prior to filing. Minor infractions may not disqualify you, but serious criminal convictions can. It is essential to be honest about any criminal history you may have, no matter how insignificant you may think it is, so your lawyers can better help you. Our immigration attorney, Michael Ponder, can help determine if your record will affect your eligibility.
Residence with the Abuser
You must prove that you lived with the abuser at some point. There is no minimum length of time required for this cohabitation. Evidence can include joint leases, utility bills in both names, mail addressed to both of you at the same address, or affidavits from people who knew you lived together.
The VAWA Application Process: Step-by-Step
Navigating the VAWA application process can be scary, but understanding the steps can help you mentally prepare.
If you’re unsure of being able to complete the process yourself, our experienced immigration attorneys are here to help. We can guide you through every step of your VAWA application. We make sure that all your documentation is complete and your case is as strong as possible. Contact us today for help with your process.
Step 1: Filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
This form is used for several types of humanitarian petitions, and you will need to indicate that you are filing as a VAWA self-petitioner. The form must be filled out completely and accurately. There is no government filing fee for VAWA-based I-360 petitions. You may file for I-485 for your green card (Lawful Permanent Residency) at the same time as the I-360 if you are/were married to a US Citizen. If you are/were married to a Lawful Permanent Resident (Green Card Holder), you must file the I-360 first and wait for approval before requesting your green card. For this reason, cases where the abused spouse was married to a US citizen are processed more quickly than where you were married to a green card holder.
Step 2: Gathering and Submitting Supporting Evidence
Alongside Form I-360, you must submit comprehensive supporting documentation that proves your eligibility. This evidence packet is the foundation of your case and should be organized to clearly demonstrate each requirement (qualifying relationship, abuse, good moral character, etc.). This is where the help of an experienced immigration VAWA law attorney is invaluable.
Step 3: Receiving the Prima Facie Determination
After you file, USCIS will review your case to see if you have submitted some initial evidence for each requirement. If you have, they will issue a "Prima Facie Determination Notice." This notice is not a final approval, but it confirms that your case appears legitimate on its face. This determination can make you eligible for certain public benefits while you wait for a final decision.
Step 4: After Your VAWA Petition Is Approved
If USCIS approves your petition, you will receive an approval notice. This is a major milestone and provides several immediate benefits. If you were married to a green card holder, this approval is the first step toward obtaining a Green Card, and you can now file the I-485 application for Lawful Permanent Residency. If you were married to a US citizen, your I-360 is typically approved at the same time a the I-485 is approved.
Major Benefits of an Approved VAWA Petition
If you are approved for an I-485 based on VAWA, then you will receive a green card. But even if you file an I-360 VAWA self-petition by itself (with no I-485), an approved I-360 offers significant protections and opens doors to long-term stability in the U.S.
Protection from Deportation
Once your VAWA petition is approved, you are granted "deferred action" status. This means the government recognizes your situation and will not try to deport you. Deferred action provides peace of mind and allows you to live in the U.S. without fear of removal.
The Path to a Green Card (Adjustment of Status)
An approved VAWA petition makes you eligible to apply for lawful permanent residence (a Green Card). This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you are the spouse or unmarried child (under 21) of a U.S. citizen, you can often file your I-485 at the same time as your I-360. As stated above, applicants who were married to a green card holder, need to wait for their I-360 to be approved before they can apply for a Green Card by filing an I-485.
Obtaining a Work Permit (Employment Authorization)
VAWA applicants may be eligible for a work permit (Employment Authorization Document or EAD). If you have a pending I-485 application, you can file for a work permit based on that. Even if you are not yet eligible to file for a Green Card, an approved VAWA petition with deferred action allows you to apply for an EAD, providing you with financial independence.
Frequently Asked Questions about VAWA
Can I file for VAWA if I entered the US illegally?
Yes. This is one of the major benefits of filing for VAWA. There is no requirement that you entered the US legally like most other forms of immigration green card processes. An exception to the normal rules of legal entry are built into the VAWA law. However, you must consult with an experienced immigration lawyer to be certain that entering the US illegally will not present a problem in your specific case.
Is VAWA only for women?
No. Despite the name, VAWA's immigration protections are available to victims of any gender. Men who are abused by their U.S. citizen or permanent resident spouses are eligible to self-petition.
Do I need to be divorced from my abuser to apply?
No, you do not need to be divorced. You can file while you are still married and living with the abuser. If you have divorced, you must file your petition within two years of the final divorce date.
Will my abuser be notified if I file for VAWA?
No. All VAWA petitions are confidential. USCIS is prohibited by law from notifying the alleged abuser or anyone else about your petition without your consent. USCIS is prohibited from asking your abuser about the validity of your marriage or what their opinion is about the merits of your case. Your safety is a top priority.
How long does the VAWA process typically take?
Processing times vary significantly, but it can take between 2 to 3 years for USCIS to make a final decision on a Form I-360 petition. You can check current processing times on the USCIS website.
Can I still file for VAWA even if I have reconciled with my spouse?
Yes. You can still file for VAWA if you are living with your spouse and you have reconciled with them. VAWA only requires that the abuse happened at some time during the marriage. It’s not a problem for the case if the abuse stopped at some point.
Why You Need an Experienced Immigration Lawyer for Your VAWA Case
Filing a VAWA petition is a complex legal process that requires a deep understanding of immigration law and a meticulously prepared evidence packet. The stakes are incredibly high, and a mistake could jeopardize your safety and your future in the United States.
An experienced immigration lawyer can help you:
Determine if you meet all the requirements.
Gather the necessary evidence to build a strong case.
Prepare and file all the required forms correctly.
Protect your confidentiality and communicate with USCIS on your behalf.
Guide you through the subsequent steps of applying for a Green Card and work authorization.
If you or someone you know is in an abusive situation and needs help with their immigration status, please seek help. Contacting a qualified immigration lawyer or attorney like us is a confidential and crucial first step toward safety and freedom.