VAWA

The Violence Against Women Act (VAWA) allows certain immigrants who are abused by their U.S. citizen or lawful permanent resident (LPR) spouses, former spouses, parents, or children to apply for permanent U.S. residence without the knowledge of the abusive family member. 
 

In 1994, the U.S. government enacted the Violence Against Women Act (VAWA) as part of a larger Violent Crime Control and Law Enforcement Act. VAWA was the first federal legislation aimed at assisting victims of domestic violence and sexual assault in addition to other unwanted behaviors like stalking.
 

If you have been or are being abused by a U.S. citizen or green card holder relative, you are protected by VAWA. Under VAWA, U.S. immigration law provides pathways to green cards for survivors of abusive U.S. relatives. After self-petitioning for VAWA status, you can also become eligible for U.S. permanent resident status. Applicants of all genders, not just women, are eligible to self-petition.
 

To apply for your green card, you’ll need to prove that you meet the eligibility requirements for both VAWA and green card status, including:
 

1. You are a victim of domestic abuse by your U.S. citizen or green card holder relative. Under U.S. immigration law, you must prove that you were battered or subjected to extreme cruelty by your abuser. 
    

2. You must have lived with your abuser at some point during your relationship.
    

3. You are residing in the United States. Some exceptions allow you to apply while living abroad. For example, you may apply abroad if the U.S. government or armed services employed your abuser.
    

4. If abused by your U.S. citizen spouse or permanent resident spouse, you must prove you entered into the marriage in good faith. This means that you did not marry your spouse solely to obtain a green card.
    

5. You are eligible to receive an immigrant visa.
    

6. You are a person of good moral character. 
    

7. You are not inadmissible to the United States and do not face any bars to adjustment. USCIS shows more leniency toward VAWA applicants on these issues. You may need to obtain specific waivers before self-petitioning.
    

When you file a VAWA self-petition, you may be able to include some of your close relatives as “derivatives.” If the abuser is your spouse, you may be able to include your children who are under 21 and unmarried at the time of filing your petition. If the abuser is your parent, you may be able to include your children who are under 21 and unmarried at the time of filing your petition. If the abuser is your adult child, you cannot include other relatives as derivatives.