Protection for Survivors of Abuse by U.S. Citizens or Permanent Residents

The Violence Against Women Act (VAWA) allows certain abused spouses, children, or parents of U.S. citizens or lawful permanent residents to petition for legal status without their abuser’s knowledge or involvement. VAWA is available to all genders, despite its name.

Who Can Apply Under VAWA?

You may be eligible if you are:

• A spouse or former spouse of a U.S. citizen or green card holder and experienced abuse during the marriage
• An unmarried child under 21 who was abused by a U.S. citizen or green card-holding parent
• A parent of a U.S. citizen (21+) who has abused you

   

You must show:

• A qualifying family relationship
• Evidence of battery or extreme cruelty
• Proof of good moral character

   

How the VAWA Process Works

1. File Form I-360 (VAWA Self-Petition) with supporting evidence (e.g., police reports, medical records, affidavits)
2. If approved, you may:

• Apply for a work permit
• Become eligible to file for a green card (Form I-485)

1. You do not need the abuser’s consent or participation
2. Your identity and case are kept confidential for your protection

    

Key Benefits

• Independence from your abuser—no need for their involvement in your immigration case
• Pathway to permanent residency and eventually U.S. citizenship
• Access to support services, including shelter, counseling, and legal aid

   

Common Questions

• Is VAWA only for women?
  VAWA protections apply to all survivors, regardless of gender or gender identity.
• What if I’m divorced or the abuser died?
  You may still qualify if you file within 2 years of the divorce or death.
• Can I apply if I’m undocumented?
  Immigration status does not disqualify you from VAWA protection.

   

In Summary

VAWA self-petitions offer a safe and confidential path to lawful status for survivors of abuse by a U.S. citizen or permanent resident family member. You can apply without involving your abuser, giving you the power to take control of your future and pursue safety, stability, and legal residency in the U.S.