For survivors of domestic violence, the road to safety is never easy especially when their immigration status is tied to their abuser. Fear of deportation, financial dependence, and emotional manipulation can trap individuals in dangerous situations. In these cases, knowing your rights under U.S. immigration law can mean the difference between staying silent and reclaiming your independence.

The Violence Against Women Act (VAWA) offers a critical lifeline. Through the VAWA self-petition process, eligible immigrants can apply for lawful permanent residency, commonly called a green card, without their abuser’s knowledge or consent. This powerful protection is designed to safeguard not only women, but also men, children, and parents who are victims of abuse.

In 2025, the process is more survivor-centered than ever, but it still requires navigating complex documentation and proving eligibility. With the right legal guidance, VAWA petitions can transform fear into freedom and open a clear path toward safety and stability in the United States.

What Is a VAWA Petition?

A VAWA self-petition allows certain noncitizens who have been subjected to abuse by a U.S. citizen or lawful permanent resident family member to apply for a green card on their own. This eliminates the need for the abusive relative to be involved in the immigration process.

Who Can File Under VAWA?

You may be eligible if you are:

• A spouse of a U.S. citizen or lawful permanent resident who has abused you. 
• A child (unmarried, under 21) of an abusive U.S. citizen or lawful permanent resident. 
• A parent of a U.S. citizen son or daughter (over 21) who has abused you.

Importantly, the law is gender-neutral and applies regardless of the petitioner’s sex or gender identity.

Proving Abuse: What Counts?

Abuse under VAWA can include:

• Physical violence 
• Sexual abuse 
• Psychological or emotional abuse 
• Financial control and isolation 
• Threats of harm or deportation

Applicants must show evidence of both the abusive relationship and the abuse itself. This can include police reports, restraining orders, medical records, affidavits from witnesses, and even personal statements.

Step-by-Step Guide to Filing a VAWA Petition

Step 1: Gather Evidence

Compile proof of your relationship to the abuser, their status as a U.S. citizen or lawful permanent resident, and the abuse you suffered.

Step 2: File Form I-360

Submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with supporting evidence to U.S. Citizenship and Immigration Services (USCIS).

Step 3: Wait for Prima Facie Determination

If USCIS believes your case meets basic eligibility, you may receive a prima facie determination notice, which can help you access certain public benefits while your case is pending.

Step 4: Apply for a Green Card

If your petition is approved and a visa is available in your category, you can file Form I-485 for adjustment of status to obtain your green card.

Why Legal Help Matters in VAWA Cases

Sensitive Case Handling

An experienced immigration lawyer can handle communications with USCIS discreetly to ensure your safety.

Evidence Strategy

Survivors often worry they don’t have “enough” evidence. A lawyer can help identify alternative proofs and present your case in a compelling way.

Complex Eligibility Scenarios

Cases involving past immigration violations, divorce from the abuser, or residence outside the U.S. can still be eligible but require careful legal navigation.

Common Myths About VAWA Petitions

Myth #1: Only women can file.

False  VAWA is gender-neutral and applies to men, women, and non-binary individuals.

Myth #2: You must have police reports to qualify.

Not true. While helpful, other forms of evidence can also support your claim.

Myth #3: Filing will alert the abuser.

VAWA petitions are confidential. USCIS will not notify the abuser.

How VAWA Protects Survivors Beyond the Green Card

• Work Authorization: You can apply for an Employment Authorization Document (EAD) while your case is pending. 
• Access to Benefits: Some survivors may be eligible for public benefits after receiving a prima facie determination. 
• Path to Citizenship: After holding a green card for three years (in certain cases), VAWA beneficiaries can apply for U.S. citizenship.

How Relis Law Supports VAWA Petitioners

At Relis Law, we understand the urgency and sensitivity of VAWA cases. Our approach includes:

• Confidential consultations to protect your safety. 
• Comprehensive evidence-gathering strategies. 
• Constant communication to keep you informed without putting you at risk. 
• Full representation from petition filing to green card approval.

Your Safety, Your Future, Your Right

No one should have to choose between personal safety and legal status. The VAWA petition process is proof that the U.S. immigration system recognizes the unique challenges survivors face and offers a way forward. With the right legal support, survivors can take back control, secure permanent residency, and rebuild their lives with confidence.

At Relis Law, we believe every survivor deserves to live free from fear. We stand with you, we fight for you, and we guide you through each step of this journey. Your path to safety and stability starts here and you don’t have to walk it alone.

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