JLA Law Group

VAWA: Protection for Victims of Domestic Violence

Case Evaluation→(770) 609-9396

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.

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

Visa ULey de InmigraciónDefensa contra DeportaciónLey de InmigraciónÓrdenes de ProtecciónDerecho Familiar

Other Immigration Law Services

G
Green Card
D
Deportation Defense
A
Asylum
U
U-Visa
D
DACA
N
Naturalization
F
Family Petitions
W
Work Permits
C
Cancellation of Removal
I
I-601 Waiver
M
Marriage Green Card
A
Adjustment of Status
H
H-1B Visa
T
Temporary Protected Status
S
Special Immigrant Juvenile
C
Criminal & Immigration

Case Evaluation

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Norcross, GA 30093

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