violence against women act

Basic Requirements for VAWA (Violence Against Women Act) Immigration Relief

Who can apply (self-petition on Form I-360):

Spouse or former spouse (marriage ended within 2 years) of a U.S. citizen or lawful permanent resident (LPR).
Child (unmarried, under 21) abused by a USC/LPR parent (some late filings accepted with extraordinary circumstances).
Parent abused by a U.S. citizen son or daughter (21+).

Note: VAWA is gender-neutral; all genders qualify.

Core eligibility elements

Qualifying relationship to the abuser (and proof of the abuser’s USC/LPR status, when available).
Battery or extreme cruelty (physical, sexual, psychological, financial, or coercive control).
Good-faith marriage (for spouse cases): evidence the marriage was not for immigration purposes.
Residence: evidence you resided with the abuser at some point (any location).
Good moral character for the statutory period (typically 3 years). USCIS may excuse conduct caused by the abuse.
Credible evidence standard: police reports not required. You may use affidavits, medical/therapy notes, photos, texts/emails, orders of protection, school or clergy letters, and witness statements.

Filing and confidentiality

File Form I-360 with supporting proof. Many receive a prima facie determination for certain benefits while the petition is pending.
Survivor confidentiality (8 U.S.C. §1367) limits information disclosure; USCIS does not notify the abuser.

Next steps after approval

If otherwise admissible and a visa is available, file Form I-485 (adjustment of status).
VAWA self-petitioners generally do not need an Affidavit of Support; submit Form I-864W (exemption).
Request work authorization via Form I-765, typically category (c)(31) after I-360 approval (or through a pending I-485).
Certain inadmissibility issues may require waivers (e.g., §212(i) for misrepresentation, §212(h) for some crimes).

Children and derivatives

VAWA spouses can include derivative children; children may also self-petition. Age-out protections can apply.

Practical tips
Create a safety plan, gather records early, keep copies of all filings, update addresses (AR-11), and avoid travel until counsel confirms eligibility. Our office builds trauma-informed, evidence-driven VAWA cases from I-360 to green card.