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