Immigration Protection for Survivors of Abuse
If your immigration status depends on a spouse or family member who is abusive, you may feel trapped or afraid to take action. You may worry that leaving the relationship, reporting the abuse, or seeking help could affect your ability to remain in the United States.
The Violence Against Women Act (VAWA) provides an immigration option for certain spouses, children, and parents who have experienced battery or extreme cruelty by a qualifying U.S. citizen or lawful permanent resident family member. VAWA allows eligible individuals to file an immigration petition on their own, without depending on the abusive family member to sponsor them.
Despite its name, VAWA immigration protection is not limited to women.
At AH Law Firm PLLC, our immigration attorneys help individuals and families in Queens and throughout New York understand their options and navigate the VAWA process with sensitivity and confidentiality.
What Is a VAWA Self-Petition?
Normally, a person seeking a Green Card through a family relationship depends on a U.S. citizen or lawful permanent resident relative to file an immigration petition for them.
For someone experiencing abuse, that dependence can become another form of control.
VAWA changes that.
An eligible person may be able to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, directly with USCIS without the abusive family member’s cooperation. A victim does not need the abuser’s permission or cooperation to file a VAWA self-petition.
Who May Qualify for VAWA?
VAWA eligibility depends on the circumstances of each case. It may be available to certain:
- Spouses or former spouses of abusive U.S. citizens or lawful permanent residents
- Children who have experienced battery or extreme cruelty by a U.S. citizen or lawful permanent resident parent
- Parents who have experienced battery or extreme cruelty by a qualifying U.S. citizen son or daughter
Other requirements apply. For example, USCIS generally considers the qualifying family relationship, whether the applicant lived with the abusive family member, evidence of battery or extreme cruelty, and good moral character. In a spousal case, the applicant must generally also show that the marriage was entered into in good faith rather than primarily for an immigration benefit.
What Does “Battery or Extreme Cruelty” Mean?
Abuse does not always leave a visible injury.
A VAWA case may involve physical violence, but USCIS also considers circumstances involving extreme cruelty. Because every relationship and situation is different, someone should not assume they are ineligible simply because they have not experienced severe physical violence.
If a spouse or family member uses threats, intimidation, coercion, isolation, or immigration status as a means of control, speak with an immigration attorney about whether the circumstances may meet VAWA requirements.
Can I Apply for VAWA Without My Abuser Knowing?
One of the most important aspects of VAWA is that an eligible person can self-petition without the abuser’s cooperation or knowledge.
USCIS also provides special procedures for protected cases, including options for using a safe mailing address when receiving immigration correspondence at home could create a safety concern.
This can be particularly important when an abusive spouse or family member controls household mail, finances, or immigration documents.
What Evidence Can Be Used in a VAWA Case?
No two VAWA cases look exactly the same.
Depending on the circumstances, supporting evidence may relate to:
- The abuser’s U.S. citizenship or lawful permanent resident status
- Your relationship with the abuser
- Living with the abusive family member
- Battery or extreme cruelty
- A good-faith marriage, when applicable
- Your good moral character
- Other facts relevant to VAWA eligibility
USCIS states that a VAWA self-petitioner may submit credible relevant evidence to establish eligibility.
An attorney can help determine which documents and other evidence are appropriate for your particular case.
Can VAWA Lead to a Green Card?
For eligible applicants, an approved VAWA self-petition can provide a path toward lawful permanent residence (a Green Card).
However, approval of Form I-360 does not mean every applicant automatically receives a Green Card. Whether and when someone can apply for adjustment of status depends on factors including the applicant’s immigration category, visa availability where applicable, admissibility, and other individual circumstances.
A Green Card lawyer in New York can review the complete immigration history before determining the appropriate next step.
What If I Am Divorced From the Abusive Spouse?
Divorce does not necessarily mean that VAWA is no longer available.
USCIS instructions provide that, in certain circumstances, a former spouse may still qualify if the marriage was legally terminated within the two years before filing and there is a connection between the termination of the marriage and the battery or extreme cruelty. Other requirements still apply.
Because timing can be important, consider speaking with an attorney as early as possible.
Do I Have to Stay With an Abusive Spouse to Qualify?
No. VAWA was designed so that eligible survivors do not have to depend on an abusive family member to pursue immigration relief.
You should not remain in an unsafe situation simply because you are concerned that leaving could automatically prevent you from seeking immigration protection.
Whether you qualify will depend on your individual circumstances.
Can I Work While My VAWA Case Is Pending?
Employment authorization rules for VAWA cases depend on the stage and circumstances of the immigration case.
USCIS states that approved VAWA self-petitioners and qualifying derivative beneficiaries may be eligible for employment authorization. Some individuals who are eligible to file Form I-485 concurrently may also have a separate basis for employment authorization while the adjustment application is pending. A prima facie determination by itself does not automatically provide work authorization.
Your attorney can determine which employment authorization category, if any, applies to your case.
VAWA vs. U Visa: What Is the Difference?
VAWA and the U Visa can both provide immigration protections to certain victims, but they are different forms of relief.
VAWA generally focuses on abuse within specific qualifying family relationships involving a U.S. citizen or lawful permanent resident.
A U Visa is intended for certain victims of qualifying criminal activity who meet additional requirements, including requirements related to helpfulness to law enforcement or another qualifying authority.
Depending on what happened, one option may be more appropriate than the other. In some situations, an attorney may need to evaluate several possible forms of immigration relief.
Learn more about T Visas and U Visas.
How AH Law Firm PLLC Can Help
VAWA cases involve deeply personal circumstances. They also require careful preparation because family history, immigration history, and evidence can all affect the case.
AH Law Firm PLLC can help with:
- Evaluating whether you may qualify for VAWA
- Preparing and filing Form I-360
- Identifying appropriate supporting evidence
- Preparing your personal declaration and supporting documentation
- Responding to USCIS requests for additional evidence
- Evaluating eligibility for adjustment of status
- Preparing Green Card applications when eligible
- Addressing related immigration or removal concerns
- Reviewing whether another form of humanitarian immigration relief may be available
Our goal is to explain your options clearly and help you make informed decisions about your immigration case.
Speak With a VAWA Immigration Lawyer in Queens, NY
You do not have to depend on an abusive spouse or qualifying family member to find out whether you have immigration options.
If you believe you may qualify for protection under VAWA, AH Law Firm PLLC can review your circumstances confidentially and explain the immigration options that may be available to you.
Contact AH Law Firm PLLC to schedule a confidential consultation with a VAWA immigration lawyer in Queens.