VAWA Self-Petition: Your Rights Under the Violence Against Women Act

What Is VAWA?

The Violence Against Women Act (VAWA) is a landmark federal law that provides crucial immigration protections for victims of domestic violence. Originally passed in 1994, VAWA allows abused spouses, parents, and children to self-petition for a green card without having to rely on their abuser, who might otherwise try to control them by threatening to withdraw or withhold their immigration sponsorship.

Under normal immigration circumstances, a noncitizen spouse, parent, or child would need their U.S. citizen or lawful permanent resident (LPR) family member to sponsor them for a green card. This creates a dangerous dynamic where abusers can use immigration status as a tool of control—threatening deportation, refusing to file petitions, or withdrawing pending applications to maintain power over their victims.

VAWA breaks this cycle of control by allowing victims to file their own immigration petitions (called "self-petitions") without any involvement from their abuser. Self-petitioners don't need their abusive relative to approve or participate in the immigration process, giving them the independence and ability to seek safe harbor while pursuing lawful permanent residence in the United States.

Who Qualifies for VAWA Protection?

VAWA provides immigration relief to three categories of abuse victims. Each category has specific eligibility requirements that must be met:

Abused Spouses

You qualify to file a self-petition as an abused spouse if you or your children (unmarried and under 21) have been abused by your U.S. citizen or lawful permanent resident marital partner. To be eligible, you must demonstrate that:

• You are or were legally married to a U.S. citizen or LPR who abused you
• You experienced battery or extreme cruelty during the marriage
• You resided with your abusive spouse at some point
• You are a person of good moral character
• You entered the marriage in good faith (not solely for immigration purposes)

Special provisions exist for spouses whose marriage has ended. You may still qualify if:

• Your abusive U.S. citizen spouse died within two years before you file
• You divorced your abusive spouse within two years before filing, and the divorce was connected to the abuse
• Your spouse lost or renounced their citizenship or LPR status within two years before filing due to domestic violence circumstances
• You discovered your abusive spouse was a bigamist and your marriage was not legally valid, but you believed the marriage was legitimate when you entered it

Abused Children

An abused child can file a VAWA self-petition if they are unmarried, under 21 years old, and have been abused by their U.S. citizen or lawful permanent resident parent. The child must demonstrate that they experienced battery or extreme cruelty at the hands of their citizen or LPR parent and resided with that parent at some point.

Children between 21 and 25 years old may still be eligible if they can show the abuse was a central reason they did not file before turning 21. This provision recognizes that abuse often prevents victims from seeking help in a timely manner.

Abused Parents

If you have been abused by your U.S. citizen adult son or daughter (child must be 21 or older), you may be eligible to self-petition under VAWA. This category specifically protects elderly parents and others who may be dependent on their abusive adult children and vulnerable to their control.

What Qualifies as Abuse Under VAWA?

VAWA covers a broad range of abusive behaviors—not just physical violence. USCIS recognizes that domestic abuse takes many forms, and the law is designed to protect victims of all types of abuse. Qualifying abuse includes:

The legal standard is "battery or extreme cruelty." Battery refers to physical violence, while extreme cruelty encompasses psychological, emotional, sexual, and economic abuse that creates a pattern of coercive control. You do not need to have suffered physical violence to qualify—psychological abuse and controlling behavior can be sufficient.

The VAWA Self-Petition Process

The VAWA self-petition process involves filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with U.S. Citizenship and Immigration Services (USCIS). Unlike most immigration petitions, there is no filing fee for VAWA self-petitions, removing a significant barrier for abuse survivors who may have limited financial resources.

Evidence Requirements: What You Need to Prove

Many abuse survivors worry they don't have enough evidence because they never called the police or went to the hospital. The good news is that USCIS understands the reality of domestic violence situations and accepts a wide variety of evidence. You do not need police reports or medical records to have a successful case—though they certainly help if available.

The types of evidence that can support your VAWA petition include:

• Your personal declaration: A detailed written statement in your own words describing the abuse you experienced, your relationship with the abuser, and how the abuse has affected you. This is often the most important piece of evidence.
• Affidavits from witnesses: Sworn statements from friends, family members, neighbors, coworkers, teachers, clergy, or anyone else who witnessed the abuse or its effects on you.
• Police reports and court records: Any documentation of law enforcement involvement, including reports, arrests, protective orders, or criminal proceedings.
• Medical records: Documentation of injuries, emergency room visits, or treatment related to the abuse.
• Mental health records: Therapy notes, psychological evaluations, or counseling records showing the psychological impact of the abuse.
• Photographs: Pictures of injuries, property damage, or other evidence of the abuse.
• Communications from the abuser: Threatening text messages, emails, voicemails, social media posts, or letters that demonstrate the abuser's behavior.
• Shelter and advocacy records: Documentation from domestic violence shelters, hotlines, or advocacy organizations.
• Evidence of your qualifying relationship: Marriage certificate, birth certificates for children, proof of shared residence, photos together, etc.
• Evidence of the abuser's immigration status: Documents showing your spouse/parent/child is a U.S. citizen or lawful permanent resident.
• Evidence of good moral character: This can include police clearances, letters from community members, and other documentation.

Confidentiality Protections

One of the most important aspects of VAWA is its robust confidentiality protections. Congress understood that abuse survivors would not come forward if they feared their abuser would find out, so the law includes strict provisions to keep your case completely private:

• No contact with abuser: USCIS is strictly prohibited from contacting your abuser or the abuser's family members for any information related to your petition.
• No information sharing: USCIS cannot release any information about your case to third parties, including your abuser.
• Protected address changes: USCIS will not honor a request to change your address unless the request comes directly from you, preventing abusers from redirecting your mail to track you down.
• Sealed records: Your VAWA case file is kept separate and confidential within USCIS systems.
• Attorney-client privilege: All communications with your immigration attorney are protected and cannot be disclosed.

These protections exist to ensure that you can pursue immigration relief without putting yourself in danger. Your abuser will not receive any notice or notification about your VAWA application.

Timeline: How Long Does VAWA Take?

Processing times for VAWA cases vary based on USCIS workload and the complexity of individual cases. However, here are general timeframes to expect:

• Prima facie determination: Typically issued within a few weeks to a few months after filing, confirming your petition appears valid on its face.
• Form I-360 approval: Currently averaging 18-24 months, though this can vary significantly.
• Green card (I-485): After I-360 approval, if a visa number is immediately available (spouses and children of U.S. citizens), the green card process can take an additional 12-24 months.

While these processing times may seem long, you can receive important benefits while your case is pending, including work authorization and access to public benefits with a prima facie determination.

Work Authorization Under VAWA

The ability to work legally is essential for abuse survivors seeking financial independence from their abusers. VAWA provides pathways to employment authorization:

Automatic EAD consideration: If you select the appropriate option on Form I-360 requesting an initial employment authorization document (EAD), USCIS will automatically consider you for work authorization when your I-360 is approved. If approved, you'll receive an EAD allowing you to work legally in the United States.

Separate EAD application: If you don't request the EAD on your initial I-360, you can file Form I-765 (Application for Employment Authorization) after your I-360 is approved. There is no filing fee for VAWA-based EAD applications.

Having work authorization allows you to support yourself and your children, building the financial independence necessary to leave an abusive situation permanently.

Path to Green Card and Beyond

VAWA approval opens the door to permanent residence in the United States. Here's how the path forward works:

Self-petitioning spouses and children of U.S. citizens: These petitioners are considered "immediate relatives" and have visa numbers immediately available. Once the I-360 is approved, they can immediately file Form I-485 to adjust status to permanent resident.

Self-petitioning spouses and children of LPRs: These petitioners fall under the family-based preference categories and may need to wait for a visa number to become available, depending on their country of birth and current backlogs.

Priority date retention: If your abusive spouse previously filed Form I-130 on your behalf before you left the relationship, you don't have to lose that priority date. You can transfer the priority date from the existing I-130 to your I-360 self-petition, potentially giving you an earlier place in line and reducing your wait time for a green card.

Citizenship: After holding your green card for the required period (typically 3-5 years), you become eligible to apply for U.S. citizenship through naturalization.

Public Benefits for VAWA Self-Petitioners

As a self-petitioning spouse or child of an abusive U.S. citizen or lawful permanent resident, you may be eligible to receive federal and state public benefits once your Form I-360 is approved or you receive a prima facie determination. These benefits can include:

• Food assistance (SNAP)
• Medicaid and healthcare
• Temporary Assistance for Needy Families (TANF)
• Housing assistance
• Other safety-net programs

Note that self-petitioning parents of abusive adult U.S. citizen children are not eligible for public benefits under the same provisions. Benefit eligibility can be complex, so discuss your specific situation with your attorney.

Modern Law Group's Experience with VAWA Cases

At Modern Law Group, we understand the courage it takes to leave an abusive relationship and seek help. Our immigration attorneys have extensive experience handling VAWA cases with sensitivity, compassion, and fierce advocacy for our clients' rights.

We create a safe, confidential environment for you to share your story. We understand the dynamics of domestic violence and never judge our clients. Our team knows how to:

• Build strong cases even when traditional evidence is limited
• Craft compelling personal declarations that effectively communicate your experience
• Navigate the complexities of USCIS procedures and requirements
• Protect your confidentiality at every stage of the process
• Connect you with resources including domestic violence advocacy organizations
• Handle complicated situations including divorces, bigamy discoveries, and abuser status changes

We've helped many abuse survivors obtain their green cards and begin new lives free from fear and control. Your safety and your future are our priorities.

Frequently Asked Questions

Take the First Step Toward Freedom

If you're experiencing abuse and need immigration help, you don't have to face this alone. Modern Law Group is here to help you navigate the VAWA process with compassion and expertise. Every consultation is completely confidential, and we will never contact your abuser or share information about your case.

You deserve to be safe. You deserve to be free. And you deserve a path to permanent residence that doesn't depend on your abuser's cooperation.