A path to status for abused spouses, children and parents
The Violence Against Women Act (VAWA) lets certain people who have been abused by a U.S. citizen or lawful permanent resident family member apply for immigration status on their own. You do not need the abuser's help, signature or knowledge. Despite the name, VAWA protection is available to men and women.
A VAWA case asks you to document painful events and often to gather records while you are still dealing with the aftermath. Usher Law Group helps survivors in New York and New Jersey build the case carefully and confidentially.
Who may qualify
- Spouses who were battered or subjected to extreme cruelty by a U.S. citizen or permanent resident spouse. In some cases this includes former spouses, and a spouse whose child was abused by the citizen or resident.
- Children who were abused by a U.S. citizen or permanent resident parent, generally if unmarried and under 21.
- Parents who were abused by a U.S. citizen son or daughter who is at least 21.
In general, you must also show that you lived with the abuser, that you have good moral character, and, for spouses, that you entered the marriage in good faith and not only to obtain immigration benefits. Some people may still file after a divorce or after the abuser lost status or died, but strict time limits apply, so do not wait.
How the process works
- Self-petition. You file Form I-360 with USCIS, with evidence of the relationship, the abuser's status, shared residence, good faith marriage (for spouses), the abuse and your good moral character.
- Decision on the petition. USCIS reviews the petition and may request more evidence.
- Green card. If the I-360 is approved, you may be able to apply for a green card. Depending on your situation, the green card application may be filed together with the petition or later.
Federal law restricts USCIS and other agencies from using information provided by the abuser against you and from disclosing information about your VAWA case.
Other options for survivors
- Conditional residents can ask USCIS to waive the joint filing requirement to remove conditions if they were abused. See our family-based immigration page.
- People in removal proceedings may be able to ask an immigration judge for a special form of cancellation of removal for abuse survivors. See deportation defense.
- Victims of other crimes, including abuse by someone who is not a citizen or permanent resident, may qualify for a U visa. See our visas page.
Evidence that may help
Every case is different, and you do not need every item below. USCIS considers any credible evidence.
- Proof of the abuser's U.S. citizenship or permanent residence, or information we can use to help establish it
- Marriage, birth or divorce records showing the relationship
- Proof you lived together, such as leases, bills or mail
- Evidence of the abuse: police reports, protective orders, court records, medical records, shelter records, photos or messages
- Statements from friends, family, clergy, counselors or social workers
- A detailed personal statement in your own words
- An evaluation from a licensed mental health professional, where helpful
- Evidence of good moral character, such as police clearances and community letters
How we help
- Assess eligibility and compare VAWA with other options, such as a U visa or an I-751 waiver
- Help you prepare a clear personal statement at a pace you can manage
- Gather and organize records, including records you cannot safely collect yourself
- Address criminal history or immigration violations that may affect the case
- Prepare and file the I-360, the green card application and any related requests
- Work with you in English, Russian or Spanish
Frequently asked questions
Will the abuser find out that I filed?
VAWA was designed so you can file without the abuser's knowledge or involvement. Federal confidentiality rules restrict USCIS from disclosing information about your case and from relying on information supplied by the abuser. Use a safe mailing address for all notices, and tell your attorney if your contact information changes.
Can men file under VAWA?
Yes. Despite the name of the law, the immigration protections apply to eligible survivors of any gender.
I am divorced from my abuser. Can I still file?
Possibly. A former spouse may still be able to self-petition if the divorce is connected to the abuse, but there is a time limit after the divorce. Get advice as soon as possible so the deadline does not pass.
Do I need a police report to file?
No. Police reports and protective orders can be strong evidence, but they are not required. USCIS considers any credible evidence, including your own statement and statements from people who know what happened.