Violence Against Women Act (VAWA) Self-Petition

Victims of Intimate Partner Violence also called victims of domestic violence or family violence) are often too afraid of their abusive partner to ask for help, especially from the police. Immigrant victims may feel even more afraid.

Your abusive spouse may:

• Keep you from asking for help because you don’t have your immigration papers
• Promise to help you get your legal status if you stay in the abusive relationship
• Use the immigration process to threaten, abuse, or control you
• Threaten to have you deported if you don’t do what they want

If you are an immigrant victim of domestic violence married to an abusive United States citizen or Lawful Permanent Resident (LPR), the Violence Against Women Act (VAWA, for short) protects you.

What is VAWA?

VAWA is a federal law that gives you the right to apply to become a lawful permanent resident (get a “green card”) without the help of your abusive marriage partner. This application is called a “self petition.”

Do I qualify for a VAWA self-petition?

You qualify to file a VAWA self-petition if one of the following applies:

• You are or were married to a U.S. citizen who has abused you
• You have been abused by your lawful permanent resident spouse or former spouse
• You are a parent of a child who was abused by your U.S. citizen or LPR spouse
• You have been abused by your son or daughter who is a U.S. citizen
• You have been abused by your U.S. citizen parent,
• You have been abused by your parent who is a lawful permanent resident

The law covers men and women who are domestic violence victims. You can apply for your children, too. They do not have to be abuse victims.

What do I have to prove?

You must prove all of these things:

That you:

• Are a child, parent, or current or former spouse of a Are a child, parent, or current or former spouse of a US citizen or permanent resident
• Live or lived with the abuser in the United States,
• Have “good moral character” (you do not have a criminal record)
• Are a victim of “battery” or “extreme cruelty”

If you are or were married to the abuser: you must also prove that your marriage was in “good faith.” This means that you did not marry only to get immigration status.

If you did not marry your abusive partner:  you may be eligible for a U Visa. (See U Visa tab in this section.)

How do I prove battery or extreme cruelty?

Most acts of  intimate partner violence is  battery or extreme cruelty. Examples include:

• Physical or mental injury
• Psychological abuse, threatening you, putting you down, or isolating you from others
• Sexual abuse, including rape

NOTE: In the U.S. it is against the law to have sex with your intimate partner or spouse without their consent.

The Department of Homeland Security will consider any evidence that is believable. This may include:

• Orders of protection
• Police or court records
• Medical records
• Affidavits or sworn statements from school officials, social workers, or shelter workers
• Your written statements about what happened

How do I apply for legal status?

You may self-petition by filing  Form I-360 Petition for Amerasian, Widow(or), or Special Immigrant. If the Department of Homeland Security approves your VAWA self-petition, then you can apply for lawful permanent residence.

Note: If you never married your abusive partner, you may qualify for a U Visa. (See U Visa tab.)
For more information:

• Go to the Battered Spouse, Children & Parents page of the USCIS website
• Contact a Crime Victim Advocate
• Talk to a lawyer near you

Battered Spouse Waiver

If you were issued a conditional green card because you have been married to your spouse for less than two years when you filed a visa petition, you must file a joint application for a permanent green card to show that your marriage has continued. Sometimes, an abusive spouse may use this requirement to control, frighten, or harm their immigrant partner. However, victims of domestic violence are eligible to file the application without the help of their abusive spouse.

Who is eligible to apply for a Battered Spouse Waiver?

You may be eligible to apply on your own if:

• You have been battered or subjected to extreme cruelty,
• You are divorced and the divorce was not your fault,
• Your spouse has died, OR
• You would suffer extreme hardship if you can’t stay in the United States.

How do I apply for a Battered Spouse Waiver?

You must file an I-751 and check the box that shows you are applying on your own. You must include proof of the battery or extreme cruelty, like police reports or hospital records, orders of protection, or statements from witnesses to the abuse, including your own detailed statements with your application. 

For more information and instructions on how to complete the I-751form, visit the USCIS website.

U Visa

U nonimmigrant status, also called the U Visa, is available to some victims of crime, including victims of intimate partner violence.  This visa offers protection to crime victims, who may be afraid of deportation, if they cooperate with law enforcement in the investigation or prosecution of criminals.

Who is eligible to apply for a U Visa?

You may be eligible for a U Visa if:

• You are the victim of certain crimes,
• You suffered substantial physical or mental abuse because you are a victim of criminal activity,
• You have information about the criminal activity that can help law enforcement in the prosecution of the crime, AND
• The crime occurred in the United States.

Some family members may also be protected by a U Visa and included in your application.

What are the qualifying crimes?

In order to be eligible for a U Visa, you must be a victim of certain crimes, like:

• Blackmail
• Domestic Violence
• Female Genital Mutilation
• Felony Assault
• Human Trafficking
• Kidnapping
• Murder
• Prostitution
• Rape
• Witness Tampering

You can find a list of qualifying crimes on the USCIS website.

How do I apply for a U Visa?

To apply for a U Visa, you must file Form I-918. A police officer, prosecutor, or judge must certify your help on Form I-918, Supplement B. 

You can find more information on the USCIS website.  

Or contact a Crime Victim Advocate or an attorney near you. 

S Visa

If you have information about a crime or criminal organization, including victims of a criminal group, you may be eligible for a S Visa. This temporary visa would allow you to travel to the United States to participate in a criminal trial as a witness. People who have been granted S Visas may also be eligible to become lawful permanent residents after travelling to the United States and assisting law enforcement.

A state or federal law enforcement official must apply for this visa and for permanent residency for you.  You will be required to cooperate with law enforcement and live under certain restrictions before this visa is granted, and any cooperation agreement must be completed before an application for lawful permanent residence is filed.

If you are assisting in an investigation or prosecution, talk to a police officer or prosecutor about obtaining a S Visa, or find more information on the  USCIS website.  

T Visa

Human trafficking is a form of modern-day slavery. Traffickers make victims false promises of good jobs and a better life, and then force them to work under inhuman conditions or prevent them from escaping. Human trafficking involves any forced work, not just sex-work, although that is one well-known form of trafficking.

T Nonimmigrant Status, also called the T Visa, offers immigration protection to victims of severe forms of sex or labor trafficking. The T Visa allows these victims to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. Near the end of those four years, a T Visa holder can apply for lawful permanent residence.

Who is eligible for a T Visa?

You may be eligible for a T Visa if you:

• Are or were a victim of severe form of sex or labor trafficking,
• Are in the United States because of the trafficking,
• Assist law enforcement in the criminal investigation or prosecution of the traffickers, AND
• Show that you would suffer extreme hardship if removed from the United States.

How do I apply for a T Visa?

To apply for a T Visa, you must file Form I-914. Certain family members may also be eligible to apply.

You can find more information on the USCIS website.

Or contact a Crime Victim Advocate or an attorney near you.

Other rights of immigrant victims of crime

VAWA, S, T or U Visa applicants are eligible for employment authorization and certain federal and state benefits and services.

No agency or worker within the Department of Homeland Security, including the U.S. Citizenship and Immigration Services, can disclose that a victim has applied for VAWA, T or U immigration benefits. Your privacy will be protected and the government will not tell your abuser about your application and will not ask your abuser for information about you, even if your abuser is the only person who has that information.

Warning: You may be deported if your application is not approved.

Under a new policy, the immigration agencies of the United States have announced that they will begin a removal (deportation) proceeding against any person who is not in lawful immigration status if their application is denied, including against applicants who file applications based on domestic violence.  Filing an application is risky if the government does not know about you.

For this reason, we encourage you to consult with an immigration lawyer before filing any application.

You can find more information about your rights at Immi.org.

Or call the New York State New Americans Hotline at 1-800-566-7636. The New Americans Hotline provides live assistance and referrals in more than 200 languages. Anyone can call the hotline regardless of citizenship or documented status.