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VAWA: a green card without your abuser's involvement
Confidential self-petitions for abused spouses, children and parents.
Consultations by phone, Zoom or WhatsApp, in English, Spanish or Portuguese.
Short answer
VAWA lets the abused spouse, child or parent of a U.S. citizen or green card holder petition for residence alone, without the abuser's knowledge, signature or cooperation. The law forbids USCIS from telling the abuser that you filed. Men and women both qualify, and abuse includes emotional and financial control, not only physical violence.
Get residence on your own, without the abuser knowing or signing anything.
Violence Against Women Act
The Violence Against Women Act (VAWA) was passed by Congress in 1994 and it provides special protection for both immigrant spouses and the children who have suffered battery or extreme cruelty at the hands of a United States citizen or lawful permanent resident. Although victims of domestic violence are usually female, the Act also covers abused male spouses and children.
This means if your husband, wife, father, mother, stepfather, or stepmother, who is a U.S. citizen or lawful permanent resident, has abused you or your child physically, sexually, or psychologically, you are entitled to file for permanent residence benefits under VAWA.
As a victim of abuse, you may feel trapped, forced to remain living with your U.S. citizen or permanent resident spouse.
Due to your lack of immigration papers, you might think there is no way out. That is not true. There are resources and avenues available to you.
VAWA permits the abused foreign-national spouses and children of U.S. citizens and permanent residents to sever their ties with the abuser without being subjected to deportation or other legal penalties. This law has protected so many thousands of abused individuals from further harm, while also enabling them to remain in the United States on an ongoing basis.
The abuse takes many forms for instance
Perhaps your permanent resident spouse physically beats you, isolates you from your family or doesn't allow you to spend time with friends, and refuses to file immigration papers to petition you for a green card. Maybe they even use your immigration status as an intimidation tactic.
Maybe your U.S. citizen spouse divorced you yet continues to stalk you on social media, blowing up your phone and calling you insulting names. Maybe they won't give you any child support, or they use child support to bribe you. Maybe they threaten to call the police to deport you.
Or as the child, maybe you have seen these things happen to your parent, and watched as your legalized or citizen parent physically attacked your mother or father, as well as verbally and emotionally mistreat you and your sibling.
However severe the domestic violence you've experienced, you don't need to give up.
You are not alone.
VAWA permits the abused foreign-national spouses and children of U.S. citizens and permanent residents to sever their ties with the abuser without being subjected to deportation or other legal penalties. This law has protected so many thousands of abused individuals from further harm, while also enabling them to remain in the United States on an ongoing basis.
With or without your spouse, there are options to help you and your children. With or without your spouse, you can fight deportation. With or without your spouse, you can become a lawful permanent resident.
The Law Office of 360 Immigration Law Group can help you prepare and file your petition for lawful permanent residence and obtain a green card under VAWA. Even if you don't qualify for residence under VAWA, we may still be able to help you obtain legal status as a victim of criminal domestic abuse with a U visa.
Winning your VAWA case is not simple
Violence Against Women Act cases are a unique type of immigration service. These cases are sensitive and confidential. You are permitted to file for immigration benefits without a family member to sponsor you. This is a called a "Self-Petition." Because of the sensitive nature of these cases, USCIS ("immigration") will never disclose information to unauthorized parties.
Because your paperwork has to be accurately prepared - and your evidence strongly laid out - you need to find an attorney who makes you feel comfortable when you share those painful moments you'd rather forget. Someone you can trust implicitly to not only listen to you, but to fight for you and your family.
Domestic violence is not easy to talk about, much less discuss in detail, but in order to win, you need to present your case carefully and specifically. You cannot afford to hold back the truth.
However, attempting to do this on your own is a bad idea. When one mistake can ruin your chance for success, it's best to find the right VAWA immigration lawyer for you.
Who is eligible to self-petition for VAWA?
Although VAWA stands for the Violence Against Women Act, its protection is not limited to immigrant women. Abused or battered spouses of U.S. citizens or lawful permanent residents includes abused male spouses, and those in same-sex relationships.
The following persons are eligible to file self-petitions under VAWA:
- Those who are suffering abuse by a spouse who is a U.S. citizen or legal resident;
- Those who have children who are suffering abuse by a spouse who is a U.S. citizen or legal resident;
Children who are suffering abuse by a parent or other guardian.
While your VAWA application is being processed, you have the right to stay with or to leave the abuser. It's your decision, and your decision alone, without pressure from your spouse or parent. The right immigration lawyer will even assist you with the divorce process, and can guide you on obtaining a restraining order that protects you and your children.
The whole process is completely confidential and private. If you use the services of a VAWA immigration lawyer, the government will not contact you directly. Your abusive spouse - or ex-spouse - will never be told about your VAWA petition. They will not be able to use your petition to bribe or intimidate you, even if you are in removal proceedings. Immigrant victims who file for a VAWA-related relief can even apply for cancellation of removal. Your abuser will never be able to hold your immigration status over head.
In addition, if your self-petition is approved, you can obtain a work permit while waiting for your VAWA interview to become a permanent resident.
Do you qualify for a VAWA green card?
Many immigrant victims of domestic violence do not think they qualify for VAWA protections and benefits. For instance, you may have been told only battered immigrant women can win a VAWA grant of permanent residence. This view is wrong. Under VAWA, you can also win if you have been subject to something called "extreme cruelty." Some examples of extreme cruelty include: Social Isolation:
- Limiting you from making phone calls or controlling when and how you make a call;
- Making you dependent on the abuser for transportation;
- Preventing you from visiting or speaking with family members;
Prohibiting you from working, going to school, or learning English.
- Controlling all the money, credit cards, and bank accounts;
- Forcing you to give them money or to pay their bills;
- Not giving you any spending money without permission;
Keeping your name off any bank accounts, rental agreements, and utility bills.
- Calling you names and putting you down in front of other people or in private;
- Making you feel guilty about the children when they act up;
- Opening and reading all your mail before allowing you to see it;
- Questioning the kids about what you did all day while the abuser was at work;
If you have been mistreated in these types of ways, you have a chance to win VAWA benefits. Whether your VAWA case is reviewed by an immigration officer or an immigration judge, hiring an experienced immigration VAWA attorney is the best way to ensure you put together a case strong enough to win your freedom.
If you've been the victim of domestic violence, now or in the past, you are not alone. If you're serious about discovering how to win permanent residency. . .
Let's schedule your Legal Strategy and Planning Session today - we can help you through the complicated VAWA process and help you win your freedom from abuse.
U visa
Domestic violence refers to many kinds of abuse committed by a member of a family, a household, or an intimate partner against another member of the family, household, or against the intimate partner. "Domestic Violence" also refers to many forms of abuse committed by one person against another in certain dating relationships or engagements.
- You can seek a court order to protect you if your abuser
- Harms you physically,
- Tries to harm you physically,
- Makes you afraid that serious physical harm is going to happen to you, or
Threatens, pressures or forces you to have sex.
If you are a victim of domestic violence, you have the right to be safe, regardless of your legal status in the United States. You may worry that you don't have the right to call the police if you are being abused, but that is not true.
When you contact police about domestic violence, their duty is to protect you from your abuser. They are not supposed to call ICE to inform them you are in the United States without legal status.
If you are afraid of your abuser or think they may hurt you, you can go to the court or the police to ask for a restraining order.
If you are a victim of domestic violence and you do not have legal status in the US, you should contact immigration lawyers and advocates to help protect you.
Victims of crimes
Temporary nonimmigrant visas are available for victims of certain crimes. These nonimmigrant visas are divided into the following three categories:
- S visas for victims of organized crime or terrorism
- T visas for victims of human trafficking
U visas for victims of violent crimes (some common examples include domestic violence, involuntary servitude, kidnapping, false imprisonment, assault, blackmail, and extortion)
All three of these visa categories allow for a potential stay of three years and the eventual possibility to apply for lawful permanent residence. But because each of these visas requires a victim to cooperate in any criminal prosecution, speaking with an attorney before seeking one is highly recommended.
Victims of domestic violence
The 1994 Violence Against Women Act (VAWA) and the Battered Immigrant Women's Protection Act of 2000 allow individuals who are married to U.S. citizens or lawful permanent residents to obtain residency in two ways , through self-petitioning or through cancellation of removal. Self-Petitioning / Battered Spouse Petitions , Instead of depending upon a spouse to apply for residency, a victim of domestic violence can apply for residency independently. The resident spouse plays no role in the process and does not have to know that the applicant is filing a VAWA claim. VAWA is complicated, however, and you should consult with a lawyer before proceeding. Cancellation of Removal , This option is available to applicants who are in, or who can be placed into, removal proceedings. Because applicants must be in removal proceedings before VAWA cancellation of removal is possible, it is necessary to see an immigration attorney before this type of VAWA relief is sought.
If you're serious about discovering how to win your permanent residency... Let's schedule your Strategy and Planning Session today! We are here to help you.
Is this confidential?
Yes. What you tell us is protected and we do not contact anyone else without your permission.
In VAWA, U-visa and T-visa cases the abuser or employer is not notified that you filed, and they are not asked to sign anything or take part.
If you are on a shared or monitored device, use the hide button at the top of this page, call us from a phone that is not tracked, or ask us to wait for you to call us back.
National Domestic Violence Hotline: 1-800-799-7233 (24 hours, all languages).
Who qualifies?
Your abuser is a U.S. citizen or green card holder
Spouse, parent, or in some cases your adult son or daughter.
You lived with them
At any point, it does not have to be recent, and you do not have to live there now.
You experienced battery or extreme cruelty
Threats, isolation, financial control, immigration-status threats and psychological abuse all count.
You have good moral character
Most applicants meet this easily; we review any record before filing.
Schedule a case evaluation
Tell us your situation. We will tell you honestly whether you have a case.
Schedule Free Case EvaluationWe reply within 1 business day, in English, Spanish or Portuguese.
Staying safe on a shared device
Browsers keep a history of pages you visit. Use a private window, clear your history afterwards, or use a friend's phone. If you are in immediate danger, call 911.
National Domestic Violence Hotline: 1-800-799-7233 (24 hours, all languages).
Do you qualify? A four-question check
Do you qualify? A four-question check
Four private questions. Nothing is stored, sent, or saved to this device.
What does the process look like?
A safe first conversation
Whenever you are ready
On the channel you choose, at a time you choose. We never contact you unexpectedly.
Build the declaration and evidence
4 to 8 weeks
Your statement, plus whatever exists, messages, photos, medical or counselling records, witness letters.
File the I-360 self-petition
Filing week
Filed to a dedicated USCIS unit. Your abuser is not notified and is never asked for anything.
Prima facie determination and residence
Notice in 1 to 4 months
An interim notice can unlock certain benefits; then the green card application follows.
How long does it take?
I-360 VAWA petitions are currently taking roughly 20 to 34 months to decide, with a prima facie determination often arriving within a few months. The green card step may follow the approval or, for spouses of citizens, be filed alongside it.
What does it cost?
Flat fee, and there is no USCIS filing fee for the I-360.
The self-petition itself carries no government filing fee. Our legal fee is flat and quoted before you decide. If cost is the barrier, tell us, we would rather have that conversation than have you not file.
Frequently asked questions
No. Federal law bars USCIS from disclosing the filing to the abuser, and they are never asked to sign, appear or provide documents.
Contact
Tell us about your case
Send us the basics and we'll reply within one business day in English, Spanish or Portuguese.
- We reply within one business day, in English, Spanish or Portuguese.
- Consultations by phone, Zoom or WhatsApp.
- Attorney input is part of our case evaluation process from the start. The information you share is carefully reviewed with an attorney.
Take the Next Step Today
Whether you need help with a visa, a green card, or deportation defense, we're ready to help.
Reach out to our trusted immigration law attorneys in Coral Springs and South Florida.