VAWA or the Violence Against Women Act provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA allows certain victims of domestic violence to adjust their status to lawful permanent residents in the United States.
VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.
With the passage of Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations, Congress provided noncitizens who have been abuse by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process.
This allows victims to seek both safety and independence from their abusers.
You must complete and file a Form I-360 (VAWA). You will also be required to provide the following;
We are here to help and know that this is a very sensitive matter, this will be handled within our offices with care, compassion and utmost privacy.
To learn more, click above for a FREE case evaluation with the U.S. immigration attorneys of Aftalion Law Group.
No. VAWA self-petitions are confidential by law. USCIS is prohibited from contacting your abuser or disclosing any information about your petition. The entire process is designed so that you can seek immigration relief independently without your abuser’s knowledge, consent, or participation.
Yes. Despite its name, the Violence Against Women Act protects all individuals regardless of sex, gender identity, or sexual orientation. Any person who has been subjected to battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident relative may be eligible to self-petition.
Strong VAWA cases include evidence of abuse (police reports, medical records, photos, protective orders, or sworn declarations), proof of your qualifying relationship, proof of good moral character, proof that you resided with the abuser, and documentation of your identity and immigration status.
USCIS typically issues a prima facie determination within a few months of filing Form I-360. Full adjudication can take 12 to 24 months depending on the case complexity and current backlog. Once approved, you may be eligible to apply for a green card through adjustment of status.
Yes. Once USCIS issues a prima facie determination on your VAWA petition, you become eligible to apply for an Employment Authorization Document (EAD). This allows you to work legally in the United States while your case continues through the adjudication process.
