VAWA Self-Petition for Certain Survivors of Abuse
VAWA and U nonimmigrant status are separate forms of immigration relief. VAWA may allow certain abused spouses, children and parents of U.S. citizens, and certain abused spouses or children of lawful permanent residents, to file a self-petition without the abuser’s knowledge or cooperation. U nonimmigrant status applies to certain victims of qualifying crimes who meet additional requirements.
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Who May Be Eligible
- A spouse or former spouse who was subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident, subject to the applicable requirements and filing deadlines.
- A child who was subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
- A parent who was subjected to battery or extreme cruelty by a U.S. citizen son or daughter who is at least 21 years old.
- Other requirements may include a qualifying relationship, shared residence, good moral character and, for spousal cases, a good-faith marriage.
Important Considerations
- VAWA is a self-petition, not a visa named 'the VAWA visa.'
- A police certification is not generally required for a VAWA self-petition.
- An approved self-petition does not automatically guarantee adjustment of status or a green card.
- Eligibility is fact-specific and should be reviewed by a licensed immigration attorney when legal analysis is required.
Potential Benefits
Self-Petition
Ability to self-petition without relying on the abuser.
Confidentiality
Confidentiality protections under federal law.
Possible Future Eligibility
Possible eligibility for employment authorization or lawful permanent residence if all applicable requirements are met.
Our Support Team
Adriana Gallardo
Founder