Understanding VAWA: A Pathway to Safety & Residency for Survivors

The Violence Against Women Act (VAWA) is a powerful immigration relief option that provides a pathway to safety and legal residency for individuals who have suffered abuse by certain family members who are U.S. citizens or lawful permanent residents. Originally enacted in 1994, VAWA was designed to protect survivors of domestic violence, sexual assault, and other forms of abuse without requiring them to rely on their abuser to gain legal status.

Who Can Qualify for VAWA?

VAWA is available to both women and men, and eligibility is not limited by gender. To qualify, the applicant must demonstrate that they:

• Have been abused or subjected to extreme cruelty by a:
  • U.S. citizen spouse or former spouse
  • U.S. citizen parent or stepparent
  • U.S. citizen son or daughter
  • Lawful permanent resident (green card holder) spouse or parent
• Have a qualifying relationship with the abuser
• Resided with the abuser at some point
• Have good moral character
• Are currently living in the United States or can show that the abuse occurred in the U.S. or that the abuser is a U.S. government employee

How Does VAWA Work?

Individuals who qualify for VAWA may self-petition for legal status by filing Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This allows them to apply for immigration relief without the knowledge or involvement of their abuser, ensuring confidentiality and protection.

If the I-360 petition is approved, the petitioner may become eligible to:

• Apply for work authorization (employment authorization document)
• Apply for lawful permanent residency (green card) if an immigrant visa is immediately available
• Remain in the U.S. lawfully while their application is processed

VAWA as a Pathway to Residency

For many survivors, VAWA serves as the first step toward becoming a lawful permanent resident. If the self-petition is approved and a visa is available, the applicant may file Form I-485 (Application to Register Permanent Residence or Adjust Status). Over time, this can also lead to U.S. citizenship.

VAWA is not only a legal protection—it is a humanitarian lifeline. It recognizes the vulnerabilities of survivors and empowers them to take control of their lives without remaining in harmful or dangerous relationships simply for the sake of legal status.

Let Our Law Firm Help

Navigating the VAWA process can be emotionally and legally complex. Our firm is experienced in handling VAWA petitions with the sensitivity, discretion, and dedication survivors deserve. If you or someone you know may qualify for VAWA, contact us today to schedule a confidential consultation. You are not alone, and you do not have to stay in an abusive situation to secure your future in the United States.