Helping Survivors Obtain Legal Protection and Immigration Relief
The Violence Against Women Act (VAWA) provides a pathway for certain survivors of domestic abuse to obtain U.S. immigration relief without relying on their abusive spouse, parent, or child. VAWA allows eligible individuals to self-petition for a green card without the abuser’s knowledge or participation.
Gagliano Law, PLLC, assists survivors in filing VAWA self-petitions, ensuring confidentiality and compliance with U.S. federal immigration laws, and helping individuals gain legal protection and lawful status in the United States.
What Is VAWA?
The VAWA self-petition is a provision under U.S. immigration law that allows:
- Spouses, children, and parents of abusive U.S. citizens
- Spouses and children of abusive green card holders
to apply for a green card (permanent residency) without the abuser’s involvement.
Although VAWA was originally designed to protect women, it applies to all genders, including men and LGBTQ+ individuals.
Who Qualifies for a VAWA Green Card?
To be eligible for a VAWA self-petition, applicants must prove:
- Qualifying Relationship
- Spouse: Married to a U.S. citizen or lawful permanent resident (LPR), or divorced within the last two years due to abuse.
- Child: Under 21 years old and abused by a U.S. citizen or LPR parent.
- Parent: Abused by a U.S. citizen child 21 years or older.
- Abuse or Extreme Cruelty
- Physical, emotional, sexual, financial, or psychological abuse qualifies.
- Evidence may include police reports, medical records, restraining orders, affidavits, or witness statements.
- Good Faith Marriage (for spouses)
- If applying as a spouse, the marriage must have been entered in good faith (not solely for immigration purposes).
- Good Moral Character
- Applicants must show they have not committed serious crimes or immigration fraud.
The VAWA Self-Petition Process
1. File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant)
- Applicants self-petition by filing Form I-360 with supporting evidence.
- No sponsor or abuser involvement is required.
2. Receive Prima Facie Determination
- If the petition meets basic requirements, USCIS issues a prima facie determination, allowing the applicant to access certain public benefits while waiting for final approval.
3. Wait for USCIS Decision
- Processing times vary but typically take 12 to 24 months.
- If approved, the applicant may move to the next step toward a green card.
4. Apply for a Green Card (Form I-485, Adjustment of Status)
- If the I-360 petition is approved, VAWA applicants can file Form I-485 for a green card if a visa is available.
- If already in the U.S., the applicant can apply for work authorization (EAD) while awaiting green card approval.
5. Attend Green Card Interview
- Some applicants may be required to attend an interview with USCIS to confirm their eligibility.
6. Receive a Green Card
- If approved, the applicant becomes a permanent resident and can later apply for U.S. citizenship after three years.
VAWA Green Card Benefits
- No need for abuser’s participation in the petition process
- Work authorization (EAD) while waiting for green card approval
- Access to public benefits for some applicants after I-360 approval
- Pathway to U.S. citizenship after three years of permanent residency
- Protection from deportation if undocumented
Required Evidence for a VAWA Self-Petition
Applicants must submit supporting documentation to strengthen their case, including:
- Personal declaration describing the abuse
- Police reports, medical records, or restraining orders (if available)
- Sworn affidavits from family, friends, or community members
- Proof of marriage or family relationship (if applicable)
- Evidence of good moral character, such as background checks or letters from community leaders
Processing Time and Work Authorization
- Form I-360 Approval: 12-24 months
- Work Permit (EAD) Eligibility: Can apply after I-360 approval or while awaiting green card processing
- Green Card (Adjustment of Status): 8-14 months after visa availability
Transitioning from VAWA to U.S. Citizenship
VAWA green card holders can apply for U.S. citizenship after three years of permanent residency, provided they meet residency and physical presence requirements.
Inquiry Form
