VAWA - Abogada de la Ley de Violencia contra la Mujer

The Violence Against Women Act (VAWA) allows non-citizen survivors of domestic violence or extreme cruelty to petition for U.S. lawful permanent residence (a Green Card) independently and confidentially, without the knowledge, consent, or assistance of their abuser. You may qualify if you:

• Are the spouse, child (under 21), or parent of an abusive U.S. Citizen (USC) or Lawful Permanent Resident (LPR). You may still be eligible to apply even if you were not actually married but had reason to believe that you were.
• Have suffered battery or extreme cruelty during the relationship.
• Lived with the abuser at some point in the U.S. (or abroad under specific circumstances).
• Possess good moral character.

No. Absolute confidentiality is guaranteed by federal law (8 U.S.C. § 1367). USCIS is strictly prohibited from notifying your abuser, sharing information with them, or relying on evidence provided by them. All communications, notices, and approvals are sent to your attorney or a safe address designated by you.

Yes. Despite its name, VAWA protections apply equally to all individuals regardless of gender identity or sexual orientation. Men, women, and children abused by a qualifying U.S. citizen or green card relative have the exact same rights to self-petition for legal status.

You do not need to have police reports, medical records, or physical injuries to qualify for VAWA. USCIS recognizes that abuse takes many forms, including:

• Physical Abuse: Hitting, slapping, shoving, choking, or physical threats.
• Emotional & Psychological Abuse: Intimidation, verbal insults, isolation from friends/family, or constant humiliation.
• Immigration & Financial Control: Threatening deportation, withholding immigration paperwork, preventing you from working, or controlling all household finances.

A Prima Facie determination is an initial review conducted by USCIS upon receiving your Form I-360. If USCIS determines your self-petition contains sufficient initial evidence to meet statutory requirements, they issue a Prima Facie Determination Letter. This document allows survivors to access certain public assistance programs (such as Medicaid, housing aid, and SNAP benefits) while the final application remains pending.

• If the abuser is a U.S. Citizen: You can file your Form I-485 (Adjustment of Status) concurrently with your Form I-360 self-petition, allowing you to obtain an Employment Authorization Document (EAD – Category c9) within a few months. However, whether you do this is a strategical decision that should be made with the assistance of an experienced attorney.

If the abuser is a Green Card Holder (LPR): Once your Form I-360 self-petition is approved, you receive deferred action and an EAD (Category c31) while waiting for your immigrant visa priority date to become current.

You can still file a VAWA self-petition after a divorce, provided you file within 2 years of the final divorce decree and demonstrate a direct connection between the divorce and the abuse or extreme cruelty experienced during the marriage.

Building a VAWA case requires sensitive, highly detailed personal declarations and thorough evidence collection without putting your safety at risk. At Transparent Justice Law Firm, P.C., Attorney Tina Genovese-Muñoz draws on her experience as a former USCIS Officer to evaluate hardship evidence, structure persuasive petitions, and protect survivors every step of the way toward permanent residency.