VAWA: applying for residency without depending on the abuser

Who may qualify

• Spouses of citizens or residents who suffered battery or extreme cruelty (which includes psychological abuse, control, threats of deportation, isolation) during a marriage entered in good faith.
• Unmarried children under 21 (in some cases up to 25) abused by a citizen or resident parent, and parents abused by a citizen son or daughter who is 21 or older.
• You must have lived with the abuser at some point and have good moral character.
• If you are already divorced, you can file within two years after the divorce if you show the divorce is connected to the abuse.
• The law bars immigration from using information from the abuser against you and protects the confidentiality of the petition (8 U.S.C. § 1367).

What the attorney does

• Evaluates whether the facts fit the legal definition of battery or extreme cruelty, which is broader than many people think.
• Gathers the evidence without putting you at risk: a detailed statement, police reports or protective orders if they exist, medical or therapy records, letters from people who saw what happened, proof of the good-faith marriage and of living together.
• Files the self-petition (I-360) and, when appropriate, adjustment of status and the work permit.
• Coordinates with criminal defense if there is an open criminal case, yours or the abuser's.

What to bring to the consultation

• Marriage certificate and proof of the spouse's status (even a copy or a photo).
• Any police report, restraining order or court paper.
• Medical, therapy or shelter records, if any.
• Proof that you lived together: leases, accounts, mail.
• Names of people who could write a letter about what they saw.

Common questions

Will my husband find out?

No. The petition is filed without his signature and the law bars immigration from telling him. USCIS sends mail to the address you choose.

There were never blows, but there were threats and control. Do I qualify?

The law covers extreme cruelty, not only physical violence. Threats of deportation, isolation, control of money or constant humiliation can qualify depending on the facts.

Do I need a police report?

It is not required. It helps, but the petition can be proven with your statement and other credible evidence.

I entered without inspection. Can I adjust here with VAWA?

Yes. The law allows approved VAWA self-petitioners to adjust status inside the country even if they entered without inspection, if there is no other bar. (8 U.S.C. § 1255(a))

Can men apply under VAWA?

Yes. The name comes from the original law, but the protection applies to any abused spouse, child or parent, regardless of sex.