VAWA Self-Petition
The Violence Against Women Act (VAWA) allows abuse survivors to self-petition for immigration status without their abuser's knowledge or participation. I provide confidential, compassionate representation to help you break free.
Eligibility
Who Can Self-Petition
VAWA allows certain family members of abusive U.S. citizens or lawful permanent residents to self-petition:
Requirements
VAWA Eligibility
Qualifying Relationship
You must be the spouse, child, or parent of a U.S. citizen or lawful permanent resident who has subjected you to battery or extreme cruelty.
Battery or Extreme Cruelty
You must have been subjected to battery or extreme cruelty by your U.S. citizen or LPR relative. This includes physical abuse, psychological abuse, and other forms of domestic violence.
Residence with Abuser
You must have resided with your abuser at some point. There is no minimum time requirement for how long you lived together.
Good Moral Character
You must demonstrate good moral character, typically shown through police clearances and a personal declaration addressing any criminal history.
Benefits of VAWA Status
- Self-petition without abuser knowledge
- Work authorization (EAD)
- Path to lawful permanent residence
- Include qualifying children
- Protection from deportation
- Complete confidentiality protections
- Access to certain public benefits
Your Safety
Confidentiality Protections
VAWA includes powerful confidentiality protections to keep you safe throughout the process.
VAWA Confidentiality
USCIS cannot disclose any information about your case to anyone, including your abuser. Your application is processed separately and confidentially.
No Contact with Abuser
USCIS will not contact your abuser for any information about your case. The abuser will not be notified that you have filed.
Protected Information
Information provided by the abuser cannot be used against you. USCIS cannot rely solely on information from the abuser to deny your petition.
Common Questions
VAWA FAQs
What qualifies as "extreme cruelty"?
Extreme cruelty includes physical violence, psychological abuse, sexual abuse, economic control, isolation, threats, and any pattern of behavior that controls, manipulates, or harms you. You do not need police reports or a criminal conviction to prove abuse.
Will my abuser find out I filed?
No. VAWA provides strong confidentiality protections. USCIS cannot disclose any information about your case to your abuser and will not contact them for information. Your filing is completely confidential.
What if I am divorced from my abuser?
You may still be eligible if you file within 2 years of the divorce and the divorce was connected to the abuse. If the abuser lost citizenship or LPR status due to domestic violence, you may also still qualify.
Can my children be included?
Yes, your unmarried children under 21 can be included as derivatives on your VAWA self-petition. Children may also file their own VAWA petition if they were directly abused.
What evidence do I need?
Evidence can include your personal declaration describing the abuse, police reports, medical records, protective orders, photographs, witness statements, counseling records, and any other documentation of the abuse.
How long does the VAWA process take?
USCIS typically processes VAWA self-petitions within 12-18 months. You may receive a prima facie determination earlier, which provides certain benefits while your case is pending.
Do I need to be married to qualify?
For spousal VAWA, you need to have been married to your abuser, though you may still qualify after divorce. Children can self-petition based on abuse by a USC or LPR parent without requiring a marriage.
Your safety comes first
If you are experiencing abuse, you have options. Let's discuss your VAWA eligibility in a completely confidential consultation.