Violence Against Women Act (VAWA) Self-Petitions

The Violence Against Women Act (VAWA) provides important immigration protections for certain individuals who have experienced battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member. VAWA allows eligible individuals to pursue immigration relief independently, without the abusive family member’s knowledge, cooperation, or participation.

Certain spouses and former spouses of U.S. citizens or lawful permanent residents may qualify to file a VAWA self-petition. In some circumstances, children and parents of U.S. citizens may also qualify for protection under VAWA. Eligibility depends on the particular family relationship, immigration history, residence requirements, evidence of abuse, good moral character, and other factors established by immigration law.

A VAWA self-petitioner does not need to remain in an abusive relationship in order to seek immigration protection. Depending on the circumstances, an individual who is divorced from an abusive spouse may still qualify if the applicable legal requirements are satisfied.

VAWA cases may be based on physical abuse as well as other forms of “battery or extreme cruelty,” which can include certain forms of emotional, psychological, sexual, financial, or controlling abuse. A police report is not required to establish eligibility. Abuse may be documented through many different forms of evidence, including medical or psychological records, photographs, text messages, emails, court records, statements from counselors or service providers, and declarations from family members, friends, or others with knowledge of the circumstances.

Our firm works with clients to identify and gather the evidence available in their individual circumstances while recognizing that survivors may not have reported the abuse to law enforcement or maintained extensive documentation. USCIS must consider any credible evidence relevant to a VAWA self-petition.

If a VAWA self-petition is approved, the individual may be eligible to pursue lawful permanent residence, depending on their immigration history, visa availability, and other applicable requirements. Our firm can evaluate eligibility for both the VAWA self-petition and any related application for Adjustment of Status.

VAWA was enacted in part to ensure that immigration status cannot be used as a means of coercing an individual to remain in an abusive relationship. The self-petition process allows eligible survivors to pursue immigration status independently and confidentially.