Violence Against Women Act (VAWA) Petitions
Abused Spouses, Children and Parents
The family-based immigration process generally requires U.S. citizens and lawful permanent residents to file a petition for their non-citizen family members. Some petitioners may misuse the immigration process to further abuse their non-citizen family members by threatening to withhold or withdraw the petition in order to control, coerce, and intimidate them.
With the passage of the Violence Against Women Act of 1994 (VAWA) and its subsequent re-authorizations, Congress provided non-citizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.
Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS. A non-citizen filing the self-petition is generally known as a VAWA self-petitioner. If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence and obtain a Green Card. This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.
Those Eligible to File
- Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Get Help
Help and support is available to victims of domestic violence through the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance and support, and the website has information about local resources, shelters, medical and mental health services, legal help, and other types of assistance. For more information, visit the National Domestic Violence Hotline website.