The Violence Against Women Act 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.
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, and spouses and children of abusive green card holders, to apply for a green card 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?
- Qualifying relationship. A spouse married to a U.S. citizen or lawful permanent resident, or divorced within the last two years due to abuse. A child under 21 abused by a U.S. citizen or permanent resident parent. A 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. The marriage must have been entered in good faith and 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
- File Form I-360. Applicants self-petition with supporting evidence. No sponsor or abuser involvement is required
- Receive a 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
- Wait for the USCIS decision. If approved, the applicant may move to the next step toward a green card
- Apply for a green card through Form I-485. If the I-360 petition is approved, VAWA applicants can file for a green card if a visa is available. Applicants in the U.S. can apply for work authorization while awaiting approval
- Attend the green card interview. Some applicants may be required to attend an interview with USCIS
- 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 the abuser’s participation in the petition process
- Work authorization 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
- 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
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.
Alternatives if VAWA is not approved
- U visa, for victims of crimes including domestic violence
- Asylum or humanitarian protection
- Marriage-based green card, if safe and valid
Frequently asked questions
Can men apply for VAWA?
Yes. Men, women, and LGBTQ+ individuals can all qualify for VAWA if they meet the eligibility criteria.
Do I need police reports or a restraining order to qualify for VAWA?
No. While such documents help, self-declarations and affidavits from witnesses can also support a VAWA case.
Will my abuser know I applied for VAWA?
No. VAWA applications are confidential, and USCIS does not notify the abuser.
Can I apply for VAWA if I am divorced?
Yes, if the divorce happened within the last two years and was related to abuse.
Can I apply for VAWA if I am undocumented?
Yes. VAWA protects undocumented individuals, and approved applicants can receive work authorization and a green card.
For confidential legal assistance with VAWA self-petitions, Gagliano Law, PLLC helps survivors secure legal protection and immigration relief. Contact us to explore your options.
