What immigration protections are available to abuse victims under VAWA?

The Violence Against Women Act (VAWA) allows certain victims of battery or extreme cruelty to self-petition for immigration benefits without the abusive US citizen or permanent resident family member's knowledge or cooperation. VAWA protects spouses, children, and parents who have been abused by a qualifying US citizen or LPR family member.

Eligible individuals file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS. The petition is confidential; USCIS does not notify the abuser. Applicants must show they are or were in a qualifying relationship, that abuse occurred, and that they are of good moral character. Approved VAWA self-petitioners can then apply for a green card.

VAWA self-petitioners with approved petitions may qualify for deferred action and work authorization while waiting for a visa to become available. VAWA protections apply regardless of the self-petitioner's immigration status, and there is no filing fee for I-360 VAWA cases. Legal assistance from nonprofit organizations specializing in immigration and domestic violence is strongly encouraged.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.