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VAWA: An Immigration Option for Survivors of Abuse
Image: © Tinnakorn jorruang / Shutterstock
You May Have an Immigration Option Even
If Your Abuser Will Not Help You
Leaving an abusive relationship can be difficult for many reasons. For immigrants, fear about their immigration status can make the situation even more complicated.
Some people worry:
“If I leave, what will happen to my immigration status?”
“What if my spouse refuses to help me?”
“What if I don't have legal status?”
For certain survivors of abuse, the Violence Against Women Act (VAWA) may provide an immigration pathway that does not depend on the abuser's cooperation.
And despite its name, VAWA protections are not limited to women.
What Is a VAWA Self-Petition?
VAWA allows certain abused family members of U.S. citizens or lawful permanent residents (green card holders) to petition for themselves without relying on the abusive family member to file the immigration petition.
This is called a VAWA self-petition, generally filed using Form I-360.
One of the most important aspects of the process is that the abuser does not need to file the petition for you or participate in the process nor do you need their consent.
Who May Qualify?
Depending on the circumstances, VAWA may be available to:
Abused Spouses
You may potentially qualify if you are or were married to a U.S. citizen or lawful permanent resident who subjected you to battery or extreme cruelty.
Certain former spouses may also qualify if the case meets the applicable requirements.
Abused Children
Certain children who experienced battery or extreme cruelty from a U.S. citizen or lawful permanent resident parent or stepparent may potentially qualify.
Abused Parents
A parent of a U.S. citizen who is at least 21 years old may potentially qualify if the parent was subjected to battery or extreme cruelty by the U.S. citizen son or daughter.
USCIS recognizes these three general categories of VAWA self-petitioners: qualifying spouses, children, and parents.
Abuse Is Not Always Physical
One of the most important things to understand is that abuse can take different forms.
VAWA cases may involve battery or extreme cruelty, which can include conduct beyond physical violence.
Depending on the circumstances, this may involve emotional or psychological abuse, threats, intimidation, controlling behavior, or other conduct.
However, not every difficult relationship or argument automatically qualifies as battery or extreme cruelty under immigration law.
The specific facts of your situation matter. That is one reason why speaking with an immigration attorney can be important before deciding whether VAWA is an option.
What If Your Abuser Controls Your Immigration Documents?
An abusive spouse or family member may use immigration status as a way to control or intimidate someone.
For example, an abuser may threaten:
“If you leave me, you'll be deported.”
“You can't get a green card without me.”
“I'll cancel your immigration case.”
For someone experiencing abuse, these threats can feel very real.
But depending on your circumstances, your immigration options may not depend on your abuser.
VAWA was specifically created to allow certain qualifying victims to seek immigration protection without depending on the abusive U.S. citizen or permanent resident family member.
Do I Have to Live With My Abuser?
This is an important point that has changed in USCIS policy. VAWA self-petitioners do not have to currently live with the abuser.
Instead, for the qualifying relationship, the applicant generally must establish that they currently reside or previously resided with the abuser.
This means that leaving an abusive household does not automatically eliminate the possibility of a VAWA case.
What If I Am Undocumented?
Being undocumented does not automatically mean that VAWA is unavailable.
VAWA exists in part to provide immigration protection to certain victims who may otherwise be dependent on an abusive U.S. citizen or permanent resident family member.
However, VAWA eligibility has specific requirements, and not every undocumented person who has experienced abuse qualifies. Your immigration history should be reviewed carefully before filing.
What Kind of Evidence Is Needed?
VAWA cases require evidence establishing eligibility.
Depending on the circumstances, evidence may include:
Documentation showing the qualifying relationship;
Evidence of the abuser's U.S. citizenship or permanent resident status;
Evidence of shared residence;
Evidence that the relationship was entered into in good faith, when required;
Evidence of battery or extreme cruelty; and
Evidence addressing other eligibility requirements.
There is not always one single document that proves an abuse claim.
The strength of a case can depend on the totality of the evidence and how the evidence supports the applicant's story. That is why simply asking, “Do I have a police report?” does not necessarily answer whether you may have a VAWA case.
Important Reminder: VAWA Cases Require Accurate Evidence
VAWA cases are serious immigration matters, and applicants must provide truthful information and evidence.
Never create, alter, or exaggerate evidence for an immigration application.
If you are unsure how to document what happened to you, an immigration attorney can help you understand what types of evidence may be relevant to your case.
What If I Am Already in Immigration Court?
A VAWA case can become more complicated if you are currently in removal proceedings or have a prior removal order.
VAWA self-petitioners can have special adjustment-of-status provisions, and immigration court jurisdiction can also matter.
If you are in removal proceedings, do not assume that filing an I-360 automatically stops your immigration court case. Your entire immigration history should be reviewed before taking action.
You Don't Have to Figure It Out Alone
If you have experienced abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child, you do not have to wait for your abuser to help you.
You do not have to decide whether your experience is “bad enough” on your own.
And you do not have to share your story publicly to ask an attorney about your options.
Could VAWA Be an Option for You?
Your immigration status should not be used as a tool to control you.
If you believe you may qualify for VAWA, schedule a confidential consultation with our office to discuss your situation and learn what options may be available to you.
At Burchett Law, PLC, we understand that VAWA cases require careful attention to both the immigration requirements and the individual circumstances of the person seeking protection. Schedule a consult with us to discuss if you qualify.
This article is for general informational purposes only and does not constitute legal advice. VAWA eligibility depends on the specific facts and circumstances of each case. Immigration laws and USCIS policies can change.
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