VAWA: Protection for Abuse Survivors

The Violence Against Women Act (VAWA) allows victims of domestic abuse committed by a U.S. citizen or lawful permanent resident to independently petition for a green card without the abuser's involvement.

Who Can File

• Spouses of a U.S. citizen or lawful permanent resident who have been subjected to abuse
• Children (under 21) of a U.S. citizen or lawful permanent resident who have been subjected to abuse
• Parents of a U.S. citizen (if the child is 21 or older) who have been subjected to abuse

Important: Despite its name, VAWA protects victims of any gender.

The VAWA self-petition is filed using Form I-360, and the abuser is NOT notified.

What You Must Prove

• A valid marriage to a U.S. citizen or lawful permanent resident (or a former marriage terminated within the past 2 years)
• That you were subjected to physical or emotional abuse (battery or extreme cruelty)
• That you resided with the abuser
• Good moral character on the part of the petitioner
• That the marriage was entered into in good faith (good faith marriage)

Evidence

• Police reports
• Medical records
• Photographs of injuries
• Restraining orders
• Letters from counselors or social workers
• Personal declaration

Approval of the VAWA self-petition is the first step toward a green card.

Next Steps

• Prima Facie Notice — a preliminary approval that grants access to certain public benefits
• EAD — work authorization available after prima facie approval
• I-485 — filing for Adjustment of Status after full approval

Additional Resources

• National Domestic Violence Hotline: 1-800-799-7233
• Free legal services through Legal Aid
• Confidentiality protection — USCIS does not disclose any information to the abuser