VAWA: Protection for Victims of Domestic Violence
Immigration News
LatestU.S. Department of StateNov 1, 2026
November 2026 Visa Bulletin: read the official monthly update
The Department of State has published its November 2026 Visa Bulletin, with family and employment preference charts. Open the official bulletin for the dates and USCIS filing-chart link. A date on a chart alone does not decide whether you may file.
USCISAdjustment of Status (Green Card): Rules and Filing Charts Keep ChangingJul 1, 2026USCISHumanitarian Protections Remain Available: U-Visa, T-Visa, and VAWAJul 1, 2026USCISCuban Parole Pathways: Confirm the Current Status Before You Rely on ThemJul 1, 2026EOIRImmigration Court Practices Vary by Location: Local Representation MattersJul 1, 2026
Official U.S. sources (USCIS, EOIR, Federal Register). Not legal advice. Consult an attorney about your specific situation.
The Violence Against Women Act (VAWA) allows victims of abuse by a U.S. citizen or permanent resident spouse, parent, or child to apply for immigration status independently, without the abuser's knowledge or cooperation. Under INA § 204(a)(1)(A)(iii), you can file an I-360 self-petition that is completely confidential.
VAWA protects men and women who have suffered physical, emotional, psychological, sexual, or economic abuse. You do not need a police report or a protective order, although these documents strengthen your case. What matters is demonstrating a valid marital or family relationship, that you resided with the abuser, that you suffered battery or extreme cruelty, and that you are a person of good moral character.
Once your VAWA self-petition is approved, you can apply for adjustment of status to permanent resident under INA § 245. USCIS also grants a work permit while your case is pending. The entire process is confidential: USCIS cannot contact the abuser or disclose information about your case. Our bilingual team in Norcross handles these cases with the sensitivity and discretion they deserve.
Steps You Should Take
1
Seek Safety First
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Develop a safety plan before taking any legal action.
2
Call Confidentially at (770) 609-9396
Our consultation is private and confidential. We evaluate your eligibility for VAWA and explain the process with no obligation.
3
Gather Evidence Safely
If you can do so without risk: photos of injuries, threatening messages, police reports, protective orders, letters from counselors or shelters, and statements from people who know about the abuse.
4
Do Not Depend on the Abuser for Your Status
VAWA exists so that you do not have to choose between your safety and your immigration status. You can obtain permanent residence independently.
Frequently Asked Questions
Will my spouse know that I filed a VAWA petition?
No. The VAWA process is completely confidential under INA § 384. USCIS cannot contact the abuser, verify your story with the abuser, or reveal the existence of your case. This protection is fundamental to your safety.
What type of abuse qualifies for VAWA?
VAWA covers physical abuse (hitting, pushing, rape), emotional and psychological abuse (threats, humiliation, isolation, control), and extreme cruelty. You do not need to have physical marks. Patterns of control, threats of deportation, and economic abuse also qualify.
Do I still need to be married to apply for VAWA?
Not necessarily. You can apply if the marriage ended by divorce within the last 2 years, if the abuser passed away within the last 2 years, or if the abuser lost their immigration status due to an incident of domestic violence.
Can I include my children in my VAWA petition?
Yes. Your unmarried children under 21 can be included as dependents in your I-360 self-petition. Children who have suffered abuse can also file their own independent self-petition.
How long does the VAWA process take?
USCIS generally processes the prima facie determination in 2 to 6 months, which enables you to obtain a work permit. Final approval of the I-360 takes 12 to 24 months. Adjustment of status (I-485) takes additional time after approval.
📋 Documents for Your VAWA Case
Petitioner Identity
- □Passport (all pages)
- □Birth certificate with certified translation
- □2 recent passport photos
- □Valid ID
Relationship with Abuser
- □Marriage certificate (if spouse)
- □Child's birth certificate showing abusive parent
- □Evidence of abuser's citizenship or residence
- □Divorce decrees from prior marriages
Evidence of Abuse
- □Detailed personal declaration
- □Police reports
- □Protective orders (TPO)
- □Photos of injuries
- □Medical records
- □Threatening messages
- □Psychological evaluation
- □Letters from shelters or counselors
- □Witness statements
Good Moral Character
- □Police clearance records (last 3 years)
- □Character reference letters
- □Tax returns
Applicable Laws
INA § 204(a)(1)(A)(iii)VAWA self-petition: allows abuse victims to apply for residence without the abuser's cooperation.
INA § 384 / 8 USC § 1367VAWA confidentiality: absolute prohibition on contacting the abuser or disclosing case information.
8 CFR § 204.2(c)Requirements for the VAWA self-petition: relationship, residence, abuse, good moral character.
INA § 245Adjustment of status to permanent resident for approved VAWA beneficiaries.
Related Services
Other Immigration Law Services
Green cards and status
Immigration court and deportation defense
Humanitarian protection and detention
Young immigrants
Citizenship
Family immigration
Work and business visas
Waivers and permission to return
Travel, consulates and extensions
More services
Case Evaluation
Talk to a vawa attorney today.
Schedule Consultation(770) 609-93961250 Tech Dr, Suite 240
Norcross, GA 30093
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Document Checklist
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