Secure Protection and Legal Status Under the Violence Against Women Act
Trusted Legal Help for VAWA Petitions
If you are a victim of domestic violence, abuse, or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child, you may qualify for protection and legal status under the Violence Against Women Act (VAWA). A trusted immigration lawyer at Martinez Immigration can help you navigate the VAWA process with confidentiality and care.
Who may need an immigration attorney for VAWA?
An immigration lawyer can assist with:
- Filing a VAWA self-petition (Form I-360)
- Gathering evidence of abuse and qualifying relationship
- Establishing good moral character
- Overcoming legal obstacles related to admissibility
- Securing work authorization and lawful status
- Applying for a Green Card after VAWA approval
Not sure if you’re eligible?
An immigration lawyer can review your case and provide expert legal guidance.
Eligibility for VAWA
To qualify for a VAWA self-petition, you must meet the following criteria:
- You are the spouse, child, or parent of a U.S. citizen or lawful permanent resident (LPR).
- You have experienced experienced mental, physical or emotional abuse by the U.S. citizen or LPR.
- You have lived with the abuser at some point.
- You are of good moral character (no serious criminal history).
- You are filing within two years of divorce or death (if applicable).
How to Apply for a VAWA Petition Process
File Form I-360
Submit the Petition for Amerasian, Widow(er), or Special Immigrant with supporting evidence.
Evidence Review
Provide documentation of abuse, relationship, and moral character.
Prima Facie Determination
USCIS may issue a preliminary approval if your petition appears to meet basic criteria.
VAWA Approval
If approved, you may qualify for deferred action and work authorization.
Adjustment of Status
File Form I-485 to apply for a Green Card.
VAWA petitions are handled with strict confidentiality to protect applicants from further harm.
Required Documentation
Proof of Relationship
Marriage certificate, birth certificate, or adoption records.
Proof of Abuse
Police reports, medical records, protection orders, or affidavits from witnesses.
Proof of Residency with Abuser
Lease agreements, utility bills, or shared mail.
Proof of Good Moral Character
Background checks or affidavits from community members.
Proof of Eligibility for Adjustment of Status
Evidence of lawful entry or waiver eligibility.
Common Challenges & Legal Solutions
Challenges
Solutions
Lack of Evidence of Abuse
Some victims may not have official records or police reports.
An immigration lawyer can help gather alternative evidence such as affidavits and medical records.
Criminal Record or Security Concerns
Minor offenses or past violations may complicate eligibility.
A waiver or legal appeal may be necessary. An immigration lawyer can assess your options.
Expired Visa or Unlawful Presence
If you are out of status, you may still qualify under VAWA protections.
An immigration lawyer can help secure a waiver or adjustment of status.
Additional Resources
Frequently Asked Questions
Can men apply for VAWA?
Yes, VAWA protections apply to all genders, including men and non-binary individuals.
Can I work while my VAWA petition is pending?
Yes, you can apply for a work permit (Form I-765) after filing Form I-485.
What happens if my abuser withdraws the marriage-based petition?
VAWA allows you to file independently, even if your abuser withdraws the original petition.
What if I’m divorced from my abuser?
You can still qualify for VAWA if you file within two years of the divorce.
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Get Legal Help from an Immigration Lawyer
Need expert legal help for your VAWA petition? A trusted immigration lawyer at Martinez Immigration will guide you through the entire process with compassion and confidentiality.