VAWA Changes for Victims of Sex Trafficking and Other Crimes — What to Know

Who qualifies under VAWA
VAWA lets certain survivors self-petition without the abuser’s help if the abuser is a U.S. citizen or lawful permanent resident spouse, ex-spouse (within 2 years of divorce), parent, or adult U.S. citizen child. You must show a good-faith relationship, battery or extreme cruelty, and good moral character. Special consideration is given for abuse-related conduct.

Key protections (and recent practice trends)

• Confidentiality (8 U.S.C. §1367): Agencies must protect survivor information. Abusers shouldn’t be alerted.
• Flexible evidence standard: Police reports or convictions are not required. Affidavits, medical notes, therapy letters, texts, photos, and witness statements can prove abuse.
• Deferred action & work authorization: Approved VAWA self-petitioners can receive deferred action and EADs (c)(31). Many applicants also get prima facie determinations to access certain public benefits while the case is pending.
• Good moral character waivers: USCIS may excuse conduct tied to the abuse (e.g., coerced offenses). This recognizes the dynamics of control.
• Adjustment options: Many VAWA self-petitioners can adjust status as immediate relatives when otherwise admissible. Often without an I-864 (use I-864W exemption).

How VAWA intersects with T and U visas

• Sex trafficking (T visa): If you were recruited, harbored, or transported by force, fraud, or coercion (or any minor in commercial sex), a T visa may fit. T nonimmigrants can work, access services, and later adjust to residence. Inadmissibility can be waived with I-192 when in the public or national interest.
• Other serious crimes (U visa): Victims who cooperate with law enforcement in crimes like sexual assault, DV, stalking, forced labor, or obstruction may qualify for a U visa. This requires Form I-918, Supplement B certification. Bona fide U applications can receive deferred action and EADs while waiting.

Choosing the right path

• VAWA is best when the abuser’s status is USC/LPR and the survivor seeks independence from the abuser for a green card.
• T/U fit when trafficking or qualifying crimes occurred, including by non-status offenders, with options for waivers and derivative family.

Next steps
Create a safety plan, preserve digital and paper evidence, and speak with counsel about VAWA vs. T vs. U strategy. Discuss inadmissibility waivers, and timing for EAD and adjustment. Our office builds trauma-informed cases that protect privacy and maximize eligibility.