VAWA Petitions in the United States
Understanding VAWA
The Violence Against Women Act (VAWA) allows certain victims of domestic violence who are U.S. citizens or lawful permanent residents to self-petition for immigration relief without the abuser’s knowledge or consent. VAWA applies to spouses, children, and parents of abusive U.S. citizens or green card holders. The goal is to protect victims and provide a path to lawful status while avoiding retaliation from the abuser.
Relevant federal statutes include 8 U.S.C. § 1154(a)(1)(A)(iii) and 8 U.S.C. § 1255, which govern eligibility and adjustment of status for VAWA self-petitioners. USCIS and U.S. Citizenship and Immigration Services (USCIS) oversee VAWA petitions, and Connecticut residents must also comply with state protections regarding domestic violence.
Who Qualifies for VAWA
You may qualify if you:
- Are the spouse, child, or parent of a U.S. citizen or lawful permanent resident
- Have been subjected to battery or extreme cruelty
- Live in the United States or are eligible to adjust status
- Demonstrate a good moral character
- Can provide evidence of the relationship and abuse
How I Can Help
VAWA petitions require sensitive handling and careful documentation. I provide guidance by:
- Preparing and filing Form I-360 for self-petition
- Collecting supporting evidence, including affidavits, police reports, and medical records
- Advising on confidentiality and safety issues
- Assisting with adjustment of status to obtain a green card
- Representing clients in case of Requests for Evidence (RFEs) or petition denials
Frequently Asked Questions About VAWA
Can I file for VAWA if I am still living with the abuser?
Yes. VAWA allows self-petition even if you currently live with the abusive U.S. citizen or green card holder, and confidentiality is strictly maintained.
Does VAWA apply to male victims?
Yes. VAWA protections apply regardless of gender.
What is the difference between VAWA and a regular spousal petition?
VAWA allows victims to petition independently without the abuser’s involvement, unlike a regular spousal petition where the U.S. citizen or permanent resident spouse must file.
Can children benefit from VAWA?
Yes. Children of abusive U.S. citizens or green card holders may qualify for derivative VAWA status.
How long does the process take?
Processing times vary but generally range from several months to over a year, depending on USCIS caseload and the need for supporting evidence.
Why Legal Representation Matters
VAWA cases involve sensitive personal and legal issues. An attorney ensures your petition is complete, confidential, and persuasive, increasing the likelihood of approval and a safe path to lawful status.