What is VAWA?

Complete Guide to the Violence Against Women Act (VAWA Immigration Relief)

The Violence Against Women Act (VAWA) provides critical immigration relief for certain immigrants who have suffered domestic abuse. This law allows eligible victims of abuse by a U.S. citizen or lawful permanent resident spouse, or by a U.S. citizen child over the age of 21, to pursue lawful immigration status without relying on their abuser.

Although often referred to as a “VAWA visa,” VAWA is not an actual visa category. Instead, it is a federal immigration law that permits qualified individuals to file a VAWA self-petition to adjust their immigration status and, in many cases, obtain a Green Card (lawful permanent residence) independently. This process helps protect victims by removing the need for a family-based petition controlled by the abusive individual.

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    VAWA SELF-PETITIONS FOR ABUSED SPOUSES, CHILDREN & PARENTS

    The Violence Against Women Act (VAWA) allows certain abused spouses, children, and parents of U.S. citizens or permanent residents to self-petition for immigration status without the abuser’s knowledge or participation.

    Abused spouse of a U.S. citizen or lawful permanent resident

    Abused child of a U.S. citizen or lawful permanent resident

    Abused parent of an adult U.S. citizen (21 or older)

    Certain former spouses or children, when specific requirements are met

    Safety-Focused Immigration Relief

    VAWA cases are handled with great care to protect the safety and privacy of survivors. The abusive family member does not need to sign the petition and does not have to be notified in order for the self-petition to proceed.

    A key part of the U visa application is obtaining a certification from law enforcement, a prosecutor, judge, or other authority on Form I-918, Supplement B, confirming your helpfulness (or potential helpfulness) in the investigation or prosecution.

    Derivative Family Members

    In some cases, qualifying family members (such as spouses, children, and in some situations parents or siblings) may be able to obtain derivative U status based on the principal applicant’s case.

    If you are experiencing abuse from a U.S. citizen or permanent resident family member, you may have immigration options that do not depend on the abuser’s cooperation.