What is VAWA? VAWA Frequently Asked Questions (FAQ)

1. What is VAWA?

The Violence Against Women Act (VAWA) allows certain immigrants who have suffered abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for a green card without the abuser's knowledge or involvement.

2. Do I have to be a woman to apply under VAWA?

No. Despite its name, VAWA protections apply to both men and women who have experienced battery or extreme cruelty.

3. Can I apply for a green card if I entered the U.S. unlawfully?

Yes. VAWA self-petitioners are exempt from the rule that normally requires a lawful entry to adjust status. Even if you entered without inspection, you may still be eligible to apply for adjustment of status inside the U.S.

4. What if I overstayed my visa or was unlawfully present?

Normally, unlawful presence can create a three- or ten-year bar. Under VAWA, these bars do not apply when the abuse was connected to your immigration situation. This means you do not need a provisional waiver (Form I-601A) to adjust.

5. Do I need financial sponsorship for my green card?

No. VAWA applicants are exempt from the public charge test. You do not need an affidavit of support from your abuser or anyone else.

6. Can I apply if my abuser is not a U.S. citizen?

Yes, but only if your abuser is a lawful permanent resident (green card holder). VAWA applies to spouses, children, or parents of U.S. citizens and permanent residents.

7. What happens if I am in immigration court?

You can still apply for VAWA and may be able to adjust status before an immigration judge if your petition is approved.

8. How do I prove the abuse?

You do not need a police report. Evidence can include medical records, counseling records, affidavits from friends and family, photographs, or your own written statement. There are several other alternatives to provide for evidence of abuse.

9. Will my abuser be notified?

No. The VAWA process is completely confidential. USCIS does not contact your abuser about your petition.

10. Should I talk to a lawyer before applying?

Yes. While VAWA offers powerful protections, every case is unique. An immigration attorney can help you understand your eligibility and guide you through the process safely.

If you believe that you have suffered abuse at the hands of your U.S Citizen or Lawful Permanent Resident spouse, parent or child, give our office a call to schedule a consult and discuss your potential options and relief.