The Violence Against Women Act, or VAWA, has been a life-changing piece of legislation for many people living in the United States. While its name highlights women, VAWA protections extend to all genders. For undocumented immigrants living with an abusive U.S. citizen or lawful permanent resident spouse or family member, VAWA offers a unique path to legal status without needing that abuser’s consent or involvement.

The reality for many undocumented immigrants is that their lack of legal status can be used against them in abusive relationships. Threats of deportation, withholding of immigration paperwork, and financial control are common tools of coercion. But VAWA was designed to break that cycle. It gives survivors the power to step out of the shadows and into a legal process that protects their safety and dignity.

Who Qualifies to File a VAWA Self-Petition?

VAWA self-petitioners must show a qualifying relationship to a U.S. citizen or lawful permanent resident. The most common situation involves a spouse, but it can also include children and parents in specific situations. For example, a child who suffers abuse at the hands of a parent who is a citizen or a green card holder can self-petition. Likewise, a parent of a U.S. citizen who is abusive may also qualify.

Importantly, the abuse does not need to be physical. Emotional, verbal, sexual, and psychological abuse can also form the basis of a VAWA petition. The key is demonstrating that the abuse was extreme or cruel and that the relationship meets the required legal standard. If you are or were married to an abuser, your marriage must have been entered into in good faith, which means it cannot have been solely for immigration purposes.

The Benefits of Filing a VAWA Self-Petition

VAWA petitioners, if successful, gain more than just the chance to remain in the United States. They gain independence. Approval allows them to apply for work authorization, which opens doors to employment and financial freedom. It also sets the stage for eventual lawful permanent residence, commonly known as getting a green card.

Unlike many other immigration paths, VAWA doesn’t require the abuser’s involvement at any stage. In fact, USCIS (U.S. Citizenship and Immigration Services) keeps VAWA provisions confidential, which reduces the risk of retaliation or further harm. That confidentiality makes a huge difference for survivors who may still be living with or near their abuser.

How to Start the VAWA Self-Petition Process

To begin the VAWA self-petition process, an applicant needs to file Form I-360 with USCIS. This form is titled “Petition for Amerasian, Widow(er), or Special Immigrant.” In addition to the form, petitioners must submit evidence of their relationship to the abuser, proof of the abuse, and documents that show good moral character, which can include police reports, medical records, photos, letters from counselors or shelter staff, and affidavits from friends or family who have witnessed the abuse.

It is also crucial to include your declaration in your VAWA application, which is a written statement that tells your story in your own words, explaining the abuse, the relationship, and how it affected your life.

Gathering Evidence Without Putting Yourself at Risk

One of the hardest parts of the VAWA process is collecting the documentation needed to support your case. Many survivors fear that digging up this information could alert the abuser or increase their danger, which is why safety planning is essential before filing.

If you have access to your documents, make copies and store them somewhere secure, such as with a trusted friend or a domestic violence shelter. You don’t have to do this alone. Many organizations offer assistance with VAWA petitions, and they can help you safely gather and organize your evidence.

Filing While Undocumented: You Still Have Rights

It’s natural to feel scared about coming forward if you’re undocumented. But VAWA was designed for people in your exact situation. You don’t need to have legal status to file. You don’t even need to be in lawful status at the time of applying. The law protects you from deportation during the process, and USCIS is not allowed to share your information with immigration enforcement unless there’s a clear legal reason outside of your VAWA application.

That being said, it’s smart to speak with a lawyer or accredited representative before filing. Immigration law is complex, and an experienced advocate can help you avoid mistakes that could delay or hurt your case. There are free and low-cost legal resources available in most areas, especially for survivors of domestic violence.

What Happens After You File?

After USCIS receives your I-360 petition, they’ll send a receipt notice confirming they got it. Processing times vary, but many cases take around 12 to 24 months. Once approved, you may be able to apply for adjustment of status to become a permanent resident. 

If Your Petition Is Denied

Not every petition is approved. If your case is denied, USCIS will send you a written explanation. In some cases, you may be able to file a motion to reopen or reconsider the decision. In others, you may choose to refile with stronger evidence. Having a skilled attorney can help you understand your options and next steps if your initial petition isn’t successful.

Seek Legal Support: You Deserve Safety and Stability

If you’re undocumented and living in an abusive situation, you have rights. The VAWA self-petition process was built to give you a path to safety without needing your abuser’s help or permission. It allows you to reclaim control over your life and your future.

You don’t have to navigate this journey alone. Call Toland Law, LLC today at 857-347-3701 to schedule a free consultation with our team.

Toland Law, LLC