Violence Against Women Act
What is the Violence Against Women Act?
The Violence Against Women Act (VAWA) is a federal law that helps immigrants who are victims of domestic violence in certain cases self-petition for immigration status and a path to lawful permanent residence (LPR) status in the United States. Self-petition means you do not need to be sponsored by anyone to apply for immigration status. Under VAWA, you must first apply to self-petition and once that is approved and you meet other criteria, you may be able to apply for an LPR card, also known as a “green card.”
Although VAWA includes the word “women,” VAWA applies to people of any gender, including men.
You can find more information about applying to self petition under VAWA here:
Who can apply to a self-petition under VAWA?
Certain victims of domestic violence can apply to self-petition under VAWA.
You may apply if you are the victim of battery or extreme cruelty committed by:
- A U.S. citizen spouse or former spouse;
- A U.S. citizen parent;
- A U.S. citizen son or daughter;
- A lawful permanent resident (LPR) spouse or former spouse; or
- An LPR parent.
What else do I need to show to qualify to self-petition under VAWA?
To qualify to self-petition under VAWA, you must also show that:
You or your child have suffered battery or extreme cruelty from the abuser;
If you are or were married to the abuser, you married your spouse in “good faith” because you wanted to share a life with them, not only for immigration reasons;
You currently live or previously lived with the abuser; and
You are a person of good moral character.
You can learn more about the application criteria on the US Customs and Immigration Services website.
If you are or were married to the abuser, you married your spouse in “good faith” because you wanted to share a life with them, not only for immigration reasons;
You currently live or previously lived with the abuser; and
You are a person of good moral character.
You can learn more about the application criteria on the US Customs and Immigration Services website.
Can children be included in an application to self-petition under VAWA?
Yes, in some cases children may be included in your application. Your children may be included in your application if:
Please note, if you are applying as child of the abuser your non-abusive parent cannot apply as part of your application. However, they may be able to apply to self-petition separately, even if they did not experience the abuse.
- You are applying as the spouse of the abuser. Unmarried children under the age of 21 may be included.
- You are applying as the child of the abuser. Your children may be included.
Please note, if you are applying as child of the abuser your non-abusive parent cannot apply as part of your application. However, they may be able to apply to self-petition separately, even if they did not experience the abuse.
What counts as battery or extreme cruelty?
There are many acts of violence that count as battery or extreme cruelty, including any act or threat of physical violence. Battery or extreme cruelty include sexual violence, psychological abuse, and other abusive acts, such as intimidation, degradation, and social isolation, that are part of a pattern of violence.
How can I show that I have been a victim of battery or extreme cruelty?
Through evidence and statements. When asked to provide evidence of the battery or extreme cruelty, you may want to provide evidence such as protective orders, police records, court records, medical records, photographs, videos, and communications such as letters, emails, or texts. You can also include statements, also known as affidavits, from social services agencies such as a domestic violence program. You can also document the nature and extent of the battery or extreme cruelty in a personal statement.
How can I show evidence of my relationship to the abuser and/or that we married in “good faith”?
You will be asked to provide evidence of your relationship with the abuser, whether you are the spouse, child, or parent of the abuser. You can provide marriage or divorce decrees or birth certificates as evidence.
If you are applying as the spouse of the abuser, you will need to provide evidence showing you entered your marriage in “good faith”. Good faith means you entered the marriage because you wanted to share a life with the person, not only for immigration purposes. Evidence of good faith can include demonstrating that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also include information about your relationship in your personal statement and statements, also known as affidavits, from others have knowledge of your relationship, marriage, shared residence, and other life experiences.
If you are applying as the spouse of the abuser, you will need to provide evidence showing you entered your marriage in “good faith”. Good faith means you entered the marriage because you wanted to share a life with the person, not only for immigration purposes. Evidence of good faith can include demonstrating that one spouse has been listed as the other’s spouse on insurance policies, property leases, properly filed tax forms, or bank statements. You may also include information about your relationship in your personal statement and statements, also known as affidavits, from others have knowledge of your relationship, marriage, shared residence, and other life experiences.
How can I show I live with or previously lived with my abuser?
You will be asked to provide evidence of currently or previously living with your abuser. This evidence can include employment records, utility receipts, school records, hospital or medical records, birth certificates of children, mortgages, rental records, or insurance policies. You can also include affidavits, or statements, from people who have knowledge of your shared residence.
How can I show I am a person of good moral character?
If you are 14 years of age or older, you will be asked to provide evidence of good moral character. Your affidavit, or statement, of good moral character will need to include a local police clearance, state-issued criminal background check, or similar report from each locality or state in the United States or abroad where you have resided for six or more months during the three-year period immediately before you filed your self-petition.
How can I apply to self-petition under VAWA?
To apply to self-petition under VAWA, you must file Form I-360, “Petition for Amerasian, Widow(er), or Special Immigrant.” You can find Form I-360, instructions, a checklist, and information about how and where to file a U.S. Citizenship and Immigration Services (USCIS). It may be helpful to work with an immigration attorney or advocate.
What happens if my self-petition is approved?
- Deferred action. Deferred action means that Immigration and Customs Enforcement (ICE) will not try to deport you or remove you from the country until you are able to apply for lawful permanent residence. If you are already in removal proceeding and you qualify to self-petition under VAWA, you may be able to cancel those proceedings. It is very important to work with an immigration attorney with experience in VAWA if you are currently in removal proceedings.
- Work authorization. You will be able to legally work in the U.S.
- Some public benefits. Please note, not all public benefits are available to immigrants. It may be helpful to talk to an immigration attorney for more information.
- Ability to apply for lawful permanent residence (LPR) status. If your self-petition is approved, you may be able to apply for LPR status once you meet certain criteria.
When can I apply for a green card or lawful permanent residence status under VAWA?
To apply for a green card under VAWA, you must first apply to self-petition. Once your self-petition is approved, you may be able to apply for a green card once you meet certain criteria. Family members who were included in your self-petition application may also be able to apply for a green card. If a green card is available to you immediately, you may be able to apply for your self-petition and your green card at the same time.
You can apply for a green card immediately if you are the:
- spouse of a US citizen
- unmarried child of a US citizen and you are under 21 years old
- parent of a US citizen who is over 21 years old
If you are a self-petitioner that was not mentioned in the above list, such as the spouse or child of a lawful permanent resident, your ability to apply is based on the “family preference system”. The family preference system limits the number of people who can immigrate each year and there are many factors that will determine your waitlist time. You can learn more at USCIS.
Being approved as a self-petitioner under VAWA is not a guarantee that you will receive a green card. When you apply for your green card you will have to prove that you are “admissible” or that you are legally allowed to become a lawful permanent resident. There are many reasons that someone may not be allowed to become a lawful permanent resident, such as engaging in criminal activity.
To apply for a green card, you may file Form I-485, “Application to Register Permanent Residence or Adjust Status.” You will also need to submit other documentation and applicable forms. To learn more about applying for a green card, as a VAWA self-petitioner visit, USCIS.
Being approved as a self-petitioner under VAWA is not a guarantee that you will receive a green card. When you apply for your green card you will have to prove that you are “admissible” or that you are legally allowed to become a lawful permanent resident. There are many reasons that someone may not be allowed to become a lawful permanent resident, such as engaging in criminal activity.
To apply for a green card, you may file Form I-485, “Application to Register Permanent Residence or Adjust Status.” You will also need to submit other documentation and applicable forms. To learn more about applying for a green card, as a VAWA self-petitioner visit, USCIS.
