VAWA allows victims to apply for permanent residency independently of the abusive spouse or another sponsor.
VAWA Visa
What Are the Immigration Rights Provided by VAWA?
The Violence Against Women Act (VAWA) self-petition for permanent residency, also known as the VAWA Visa, allows individuals who have been victims of violence in the United States to apply for permanent residency independently. This "self-petition" differs from many other visas—such as the Marriage or Work Visas—because it can be requested directly by the applicant. In this case, it is the individual who has experienced violence who applies.
First enacted in the United States in 1994, VAWA has been renewed and expanded multiple times since then. The Act was designed to address and prevent domestic violence, sexual violence, and other forms of gender-based violence. It has also played a crucial role in strengthening support and resources for victims of gender-based violence in the U.S.
While the law’s name refers to violence against women, its provisions also extend to men and minors who have been victims of abuse, domestic violence, or sexual assault. VAWA has been a key tool in promoting the safety and well-being of victims in U.S. society. To be eligible for permanent residency under VAWA, you must be a victim of abuse or violence committed by:
- A U.S. citizen spouse or former spouse, partner, or former partner
- A U.S. citizen parent
- A U.S. citizen child
Examples of Violence Covered by VAWA
Our legal team consists of women attorneys and mothers fully committed to supporting victims. Some forms of violence covered under VAWA include:
Domestic violence is a complex issue that encompasses various forms of abuse, profoundly impacting family dynamics and the safety of those involved. In its most evident form, it includes physical violence, where actions by a family or household member cause bodily harm. However, domestic violence is not limited to physical harm. It can also take emotional or psychological forms, creating an atmosphere of intimidation, control, and manipulation.
Child abuse within the context of domestic violence is an unfortunate reality that endangers the safety and well-being of children in the family environment. This type of abuse can take various forms, including physical, emotional, or sexual violence, as well as neglect that deprives children of their basic needs. Cruelty toward children can stem from family tensions or as an expression of power and control by abusers.
Harassment involves a range of persistent behaviors aimed at causing emotional distress, creating an intimidating and threatening environment for the victim. This issue goes beyond isolated actions; it is marked by a repetitive nature and ongoing psychological pressure exerted on the affected person. Harassment can take various forms, including online stalking, threatening phone calls, or constant following in physical spaces.
Intimate partner violence extends beyond marriage to encompass a wide range of relationships, including dating. This form of violence can manifest in various ways, from physical abuse to emotional and psychological harm. It is marked by the creation of a toxic environment that impacts both the victim and the overall dynamics of the relationship. Sexual violence within the relationship is also a significant and real aspect of intimate partner violence.
Gender-Based Violence and the VAWA Law
Understanding the relationship between gender-based violence and the VAWA Visa is essential when applying. Although they are different, the VAWA Visa is based on the Violence Against Women Act, passed by Congress in 1994.
Previously, abuse victims depended on their spouses to apply for permanent residency, placing them in a doubly vulnerable position: an unstable immigration status and constant exposure to partner violence. The VAWA Visa allows victims to file a self-petition, providing a safe pathway to legalize their immigration status and protect their rights.
While most victims of gender-based violence are women, it is important to note that men can also be affected.
What is Gender-Based Violence?
Recognizing oneself as a victim of gender-based violence can be more challenging than it seems. Often, people confuse or normalize violent behaviors in a relationship, especially within cultures that sometimes tolerate or minimize such actions.
Violence is not only physical; it can also be emotional, verbal, or psychological. Acknowledging it is the first step toward seeking help and protection.
Gender-based violence refers to acts of violence directed against a person based on their gender. It manifests in various forms, such as domestic violence, sexual abuse, psychological abuse, and coercive control.
In many cases, victims of gender-based violence are particularly vulnerable due to their immigration status, placing them in a position of dependency and fear toward their abuser.
In this context, the VAWA Visa can be a life-changing tool for victims of gender-based violence who suffer abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child. The law recognizes that immigrant victims often face additional barriers to seeking help, such as lack of awareness of their rights, fear of deportation, and language obstacles.
Through VAWA, these victims can petition for immigration relief without the abuser’s involvement, allowing them to break the cycle of violence and dependency. This provides them with the legal protection needed to rebuild their lives.
Identifying Gender-Based Violence
Recognizing gender-based violence is essential to identifying when a relationship is no longer healthy or safe. As mentioned, this type of violence can affect anyone, regardless of gender.
Gender-based violence can take many forms: physical, emotional, psychological, sexual, and even economic. Here are some common signs to help identify it:
Control and Manipulation
The abuser seeks to dominate all aspects of the victim’s life, including personal choices and social interactions. This often involves manipulative tactics like guilt-tripping, threats, or emotional blackmail.
Social Isolation
A common tactic is to separate the victim from family, friends, or other support networks. This is achieved either by direct prohibitions or by creating conflicts that drive the victim away from their social circle.
Verbal and Emotional Abuse
Insults, humiliation, constant criticism, and belittling are examples of verbal and emotional abuse. These actions erode the victim’s self-esteem, making them feel vulnerable or at fault.
Physical Violence
Pushing, hitting, pulling hair, and other physical assaults are clear signs of gender-based violence. It’s essential to understand that physical aggression is unacceptable and dangerous.
Threats and Coercion
The abuser may use threats to intimidate the victim, including threats of physical harm, revealing personal information, or legal consequences such as deportation, particularly in cases involving immigrants.
Financial Control
Restricting the victim’s access to financial resources, preventing them from working, or manipulating finances to exert control are examples of economic abuse.
Sexual Abuse
Forcing the victim into sexual activities against their will or pressuring them into unwanted sexual acts are serious forms of sexual abuse.
Cycle of Violence
Many abusive relationships follow a cycle where violence alternates with periods of remorse, promises to change, and affectionate behavior—only for the abusive behavior to eventually resume.
Understanding these signs can empower individuals to recognize and address abusive relationships before the cycle continues.
If you are a victim of gender-based violence, do not hesitate to report it and seek specialized legal advice immediately. At Airington Law – The People's Lawyers, we are here to help you.
How the VAWA Visa Affects the Abuser
The VAWA Visa not only protects victims of abuse but also has legal implications for the abuser.
By allowing the victim to apply for legal immigration status without the abuser's involvement, VAWA removes the control the abuser could exert over the victim’s immigration status.
The VAWA application is confidential, meaning the abuser is not notified or involved in the process. Additionally, in some cases, the abuser may face legal consequences if the victim presses criminal charges or if local authorities become involved due to the abuse.
However, VAWA's primary focus is to provide protection and relief to the victim, not to punish the abuser. Remember that applying for VAWA is a step toward your safety and well-being, and the process is designed to safeguard your confidentiality and security.
Migration process
What is the process for obtaining permanent residency for victims of domestic violence?
To file a self-petition under VAWA, you need to complete Form I-485. This is a petition for adjustment of status and a request for permanent residency. To be eligible, you must be present in the United States.
Additionally, you must complete Form I-360, a petition for special immigrants covering several categories, including the VAWA immigrant category. You will also need to provide evidence to support the abuse you have suffered.
Don’t worry, as your attorneys, we will handle your case and keep you informed about every detail throughout the process.
Permanent Residency
What Are the Benefits of VAWA?
Obtaining permanent residency through the VAWA visa provides significant benefits to victims of domestic violence, sexual assault, abuse, or threats from a U.S. citizen or lawful permanent resident spouse:
Legal Independence
Employment Authorization
During the process, approved applicants can obtain an employment authorization that allows them to work legally in the United States and gain financial independence.
Access to Public Assistance Programs
Permanent residents can access various public assistance programs, such as Medicaid and other social services, to help them safely integrate into our society.
Family Reunification
Once they obtain permanent residency, beneficiaries can apply for family reunification, allowing close relatives (such as children or spouses) to receive similar benefits.
Pathway to Citizenship
After living as a permanent resident for a specified period of time, residents may be eligible to apply for U.S. citizenship through the naturalization process.
VAWA Visa: Requirements for Applying
Gathering the proper documentation is a crucial step during the application process for the VAWA Visa. Submitting convincing evidence can make the difference between an approved and rejected application, so it is very important to meet all the requirements.
Here is a list of essential documentation you should consider:
- Relationship with the abuser: You must be the spouse, child, or parent of a U.S. citizen or lawful permanent resident. If you are a spouse, you can apply even if you are separated or divorced, as long as the divorce occurred within the last two years and was due to abuse. Abused children and parents can also apply for this visa.
- Evidence of abuse: It is crucial to demonstrate that you have been a victim of severe physical or psychological abuse. Evidence can include police reports detailing incidents of abuse, protection orders showing the need to protect the applicant from the abuser, witness statements from those who have observed the abuse, and medical records documenting injuries or treatments related to the abuse.
- Co-residence: You must have lived with the abuser at some point, although it is not necessary for you to still live together or have lived together for an extended period.
- Good moral character: You must demonstrate that you are a person of good moral character. This means you do not have serious criminal records and meet the acceptable conduct standards according to U.S. immigration law.
- Marital status and motivations: In the case of spouses, you must show that the marriage was entered into in good faith, not to obtain immigration benefits.
If the relationship with the abuser has ended, the applicant has a two-year window to file for the VAWA Visa under the Violence Against Women Act (VAWA).
Am I Eligible for the VAWA Visa?
Determining your eligibility for the VAWA Visa can be a complex and emotionally challenging process. However, understanding the basic eligibility criteria can help you take the first steps toward protection and safety.
If you are a spouse, child, or parent of a U.S. citizen or lawful permanent resident who has abused you, you may be eligible to apply for VAWA.
You may also apply if your child has been abused by your U.S. citizen or lawful permanent resident partner, and you are seeking protection for yourself or your child from future harm.
It is very important to assess whether you meet the previously mentioned requirements, especially in relation to proof of abuse and co-residence. Additionally, maintaining good moral character is essential for your application to be favorably considered.
We recommend consulting with an immigration attorney who specializes in VAWA cases. You are not alone. At Airington Law – The People’s Attorneys, we guide you through the process, helping you gather the necessary evidence and submit a solid application to maximize your chances of success.
FAQs
Frequently Asked Questions
The Violence Against Women Act (VAWA) allows victims of abuse by a U.S. citizen or lawful permanent resident to apply for a green card (permanent resident status) without the abuser’s knowledge or consent. This law offers protection and the opportunity to obtain legal status in the United States for individuals who have been victims of domestic violence, sexual abuse, or psychological abuse.
To qualify for the VAWA visa, you must be the spouse, child (under 21), or parent of a U.S. citizen or lawful permanent resident and have been a victim of abuse or extreme cruelty by that individual. You must also have lived with the abuser and demonstrate good moral character. It is not necessary to currently be married to the abuser if the marriage ended due to abuse or if the abuser lost their permanent resident status due to the abuse. For more details, visit USCIS – VAWA Eligibility.
Types of abuse that qualify for VAWA include physical violence, sexual abuse, psychological or emotional abuse, economic abuse, and threats of deportation. It’s important to provide evidence of the abuse, such as police reports, protection orders, witness statements, medical records, and any other documentation that demonstrates the abuse and its effects.
Processing times for a VAWA self-petition can vary but generally take between 12 to 18 months from filing the petition to approval. After approval, you can apply for an adjustment of status to obtain permanent residency (green card), which may take several additional months, depending on the case and USCIS workload.
To apply for the VAWA visa, you need to submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with evidence of abuse, proof of your relationship with the U.S. citizen or lawful permanent resident, evidence of co-residence, and proof of good moral character. You should also include a detailed personal statement describing the abuse and its impact. For more information, review Form I-360.
Yes, your unmarried children under 21 years old can be included as derivatives in your VAWA self-petition. If your petition is approved, your children may also obtain legal status and adjust their status to permanent residents (green card) with you. It’s important to provide evidence of the parent-child relationship and abuse, if applicable.
Once your VAWA self-petition is approved, you can file Form I-485 to adjust your status to permanent resident and obtain a green card. During this process, you’ll need to attend an interview with USCIS and provide additional supporting documentation, such as proof of continuous residence in the U.S. and further evidence of good moral character.
Yes, you can apply for a work permit (Form I-765) while your VAWA self-petition is pending. Once approved, you can legally work in the U.S. while waiting for a decision on your adjustment of status. This work permit will also allow you to obtain a Social Security number and access other benefits. For more information, visit USCIS – Employment Authorization.
If your VAWA visa application is denied, you can appeal the decision or file a motion to reopen or reconsider your case if new evidence or circumstances were not initially considered. It’s important to have an experienced immigration attorney who can help you understand the reasons for the denial and guide you through the appeal process or reapplication.
Yes, you can apply for the VAWA visa even if you are already in deportation proceedings. If your self-petition is approved, you may apply for cancellation of removal and adjust your status to permanent resident. It’s important to act quickly and seek legal advice to file your self-petition and stop the deportation process.
Practice Areas
Learn About Our Legal Services
The expert attorneys at Airington Law - The People’s Attorneys fight for victims' rights and offer a wide range of legal services to those who wish to come to our country and live the American dream. Some of our services include:
Contact Us!
Our services are available in our offices and online, with consultations available 100% in Spanish. Our firm helps all women who are victims of violence so they can live peacefully and independently in the United States.
Our expert team of VAWA lawyers in Richmond, VA speaks Spanish, ensuring clear and direct communication with you at all times. You won’t have to worry about the legal and immigration process—we will be by your side and provide support throughout. If you have been a victim of violence in your social, family, or work life, contact us today to schedule your free case evaluation. Together, we will work to achieve justice for you. We are The People’s Attorneys.