Violence Against Women Act (VAWA) Immigration Lawyer

Who is Eligible for VAWA Immigration Benefits?

VAWA allows the following individuals to self-petition for a green card:

• Spouses of U.S. citizens or lawful permanent residents who have been battered or subjected to extreme cruelty
• Children (under 21 and unmarried) of U.S. citizens or lawful permanent residents who have been battered or subjected to extreme cruelty
• Parents of U.S. citizens who have been battered or subjected to extreme cruelty

To qualify, the abuse must have taken place in the United States or, if abroad, must have been perpetrated by a U.S. citizen or permanent resident employed by the U.S. government or armed forces.

The abuse can be physical, sexual, emotional, economic, or psychological. Examples include:

• Physical violence, such as hitting, kicking, choking, or threatening with a weapon
• Sexual abuse or rape
• Emotional abuse, such as constant criticism, humiliation, or isolation
• Economic abuse, such as preventing the victim from working or controlling their finances
• Immigration-related abuse, such as threatening deportation or refusing to file immigration papers

VAWA Eligibility Requirements

To self-petition under VAWA, the victim must demonstrate:

• A qualifying relationship to the abuser (spouse, child, or parent)
• The abuser is a U.S. citizen or lawful permanent resident
• The victim resided with the abuser at some point
• The victim currently resides in the U.S. or, if living abroad, was abused by a U.S. citizen or permanent resident employed by the U.S. government or armed forces
• The victim has good moral character
• For spousal petitions:
  • The marriage was entered into in good faith
  • If the abuser is a permanent resident, the victim’s termination of status and removal would result in extreme hardship

The victim can include their unmarried children under 21 in the VAWA petition. If the victim is under 21, their parents can be included.

The VAWA Filing Process

The VAWA self-petition (Form I-360) can be filed from within the U.S. or abroad. It must be submitted with extensive supporting evidence, including:

• Proof of the abuser’s U.S. citizenship or permanent residence
• Evidence of the qualifying relationship, such as a marriage or birth certificate
• Evidence of the abuse, such as police reports, medical records, photographs of injuries, or affidavits from witnesses
• Proof of joint residence with the abuser
• Evidence of good moral character, such as police clearances and affidavits from community members

If the self-petition is approved, the victim can apply for a green card through adjustment of status (if in the U.S.) or consular processing (if abroad). If the abusive relative is a U.S. citizen, the victim may often apply for a green card through adjustment of status concurrently with the VAWA self-petition, entitling them to apply for work authorization and certain public benefits while the green card application is pending.

Challenges in VAWA Cases

VAWA cases can be complex and emotionally charged. Victims often face significant barriers to coming forward and accessing legal help, including:

• Fear of retaliation from the abuser
• Lack of financial resources
• Language barriers
• Mistrust of law enforcement and the legal system
• Shame, guilt, or self-blame about the abuse
• Concerns about child custody and support

Our attorneys approach each case with sensitivity and understanding. We take the time to listen to our clients, assess their needs and goals, and develop a legal strategy that prioritizes their safety and well-being.

Why Choose De Wit Immigration Law for Your VAWA Case?

Choosing the right attorney is critical in a VAWA case. You need a lawyer who is not only skilled in VAWA law and procedure but also committed to your healing and empowerment.

At De Wit Immigration Law, we offer:

• Experience in VAWA petitions and domestic violence immigration cases
• A compassionate, non-judgmental approach
• Fluency in English and Spanish
• Flexibility to meet with clients in a safe, confidential location of their choosing
• A commitment to zealous advocacy and client empowerment

You don’t have to face this difficult time alone. Contact us today to schedule a confidential consultation and learn how we can help you take the first step toward a brighter future.

Frequently Asked Questions