VAWA Immigration: Protection for Victims of Domestic Violence

You Don’t Have to Stay Because of Your Immigration Status

You don’t have to stay in an abusive relationship because of your immigration status. If your partner, parent, or child has threatened you with deportation, controlled your paperwork, or told you that you “have no status without them,” there is a law designed specifically to protect you.

VAWA gives survivors of domestic abuse a way out, and a path to a green card, without the abuser ever knowing you applied.

Many victims stay because they are afraid. Abusers often say things like:
“If you leave me, I’ll call ICE.”
“Without me, you’ll be deported.”
“No one will believe you.”

Congress recognized this exact pattern of control and created VAWA to stop it. Your safety and your future matter.

Law Group International provides confidential consultations for survivors across Virginia, Washington, DC, and Maryland. If you are ready to take back control, help is available.

What Is VAWA?

The Violence Against Women Act (VAWA) is a federal law first passed in 1994 and reauthorized multiple times, most recently in 2022. Despite its name, VAWA protects people of all genders. Men, women, and non-binary individuals can all qualify.

VAWA allows victims of domestic abuse by a U.S. citizen or lawful permanent resident (green card holder) to apply for immigration protection on their own, without the abuser’s involvement.

This is what makes VAWA revolutionary.

Normally, family-based immigration requires the U.S. citizen or green card holder to file the petition. That gives them control over your status. Many abusers use that power to threaten, manipulate, and trap their victims.

With VAWA, you self-petition.
Your abuser does not file anything.
Your abuser is not notified.
Your abuser does not have to cooperate.

Congress created VAWA because it recognized that immigration status should never be used as a weapon of abuse.

Who Qualifies for VAWA?

To qualify for VAWA, you must meet several legal requirements. Many survivors are surprised to learn they already qualify.

1. Qualifying Relationship

You must be or have been the spouse, child, or parent of a U.S. citizen or lawful permanent resident who abused you.

Spouse: Current spouse or former spouse (if divorced within the last 2 years)
Child: Unmarried, under 21, abused by a U.S. citizen or LPR parent
Parent: Abused by a U.S. citizen son or daughter who is 21 or older

2. Abuser’s Immigration Status

Your abuser must be a U.S. citizen or a lawful permanent resident.

3. Abuse

You must have experienced battery or extreme cruelty during the relationship.

Battery includes physical violence
Extreme cruelty includes psychological abuse, threats, isolation, economic control, coercive behavior, threats of deportation, destroying documents, using children as leverage, and controlling your movements or finances

Physical violence is not required. Many VAWA cases are based primarily on emotional and psychological abuse.

4. Good Moral Character

This is a general immigration requirement and does not mean you must be “perfect.” Many issues can be explained or waived.

5. Residence

You must have lived with your abuser at some point and currently reside in the United States.

Important: You do not need police reports, criminal charges, or a conviction. Reporting the abuse is not required.

VAWA vs. U Visa

Many survivors ask whether VAWA or a U Visa is the better option. The answer depends on who abused you.

Abuser Relationship

VAWA: Abuser must be a U.S. citizen or LPR spouse, parent, or child
U Visa: Abuser can be anyone (partner, employer, stranger, acquaintance)

Law Enforcement Certification

VAWA: Not required
U Visa: Required

Outcome

VAWA: Direct path to a green card
U Visa: 4-year visa first, then green card

Processing Time

VAWA: Typically 12–24 months
U Visa: Often 4–5+ years due to backlog

Confidentiality

Both processes protect your identity and do not notify the abuser

If your abuser is your U.S. citizen or LPR spouse, parent, or child, VAWA is usually the stronger and faster option. If the abuser is not a family member, the U Visa may be the correct path. Some individuals qualify for both, and an attorney can help determine the best strategy.

VAWA Application Process

VAWA cases are detailed but manageable with the right guidance.

Step 1: Gather Relationship Evidence

This may include marriage certificates, joint leases, bank accounts, photos together, shared bills, or affidavits from people who know about your relationship.

Step 2: Gather Abuse Evidence

Police reports are not required. Evidence can include:

Your personal written declaration describing the abuse
Medical or therapy records
Text messages, emails, or voicemails from the abuser
Statements from friends, family, or coworkers
Protective orders (if any)
Photos of injuries or property damage

Step 3: Good Moral Character Evidence

This may include background checks and personal statements.

Step 4: File Form I-360

This is the VAWA self-petition, including your declaration and supporting evidence.

Step 5: USCIS Review

Your case is reviewed by USCIS at the Vermont Service Center. Your abuser is never contacted. Strict confidentiality rules apply.

Step 6: Prima Facie Determination and Approval

Once approved, you can apply for your green card. Many applicants receive work authorization while waiting.

What If Your Abuser Threatens Deportation?

This is one of the most common and powerful tools abusers use.

They say:
“If you leave, I’ll call ICE.”
“You have no papers without me.”
“No one will believe you.”

The truth is:

VAWA exists because Congress recognized this exact tactic.
Your application is confidential. Your abuser will not be notified.
If your abuser tries to withdraw a petition they filed, VAWA protection still applies.
Immigration authorities often exercise discretion for domestic violence survivors.

Your abuser has far less power than they want you to believe. Taking action protects you. Staying allows the abuse to continue.

Frequently Asked Questions

Can men apply for VAWA?
Yes. VAWA protects people of all genders.

What if I am already divorced?
You can apply within 2 years of the divorce.

What if I never called the police?
Police reports are not required. Your statement and other evidence may be enough.

Will my abuser know I applied?
No. USCIS follows strict confidentiality rules.

Can my children be included?
Yes. Unmarried children under 21 may be included.

What if I entered the U.S. without inspection?
You may still qualify. VAWA allows certain waivers that other cases do not.

You Deserve Safety and Stability

Your immigration status should never keep you trapped in abuse. VAWA puts you in control of your future, without your abuser’s permission, cooperation, or knowledge.

The attorneys at Law Group International, Khalid Shekib and Daniela Lucena, have helped survivors across Virginia, Washington, DC, and Maryland find safety and long-term immigration stability through VAWA.

Your consultation is completely confidential.
You can contact Law Group International by phone, email, secure form, or WhatsApp.
Safe meeting options may be available if needed.

Taking the first step can change everything.
Spanish-speaking services available.