What Is VAWA?

The Violence Against Women Act (VAWA) allows certain survivors of abuse or extreme cruelty to apply for legal status without the knowledge or cooperation of their abuser. VAWA protects individuals who have suffered physical, emotional, or psychological abuse from:

• A U.S. citizen or lawful permanent resident (LPR) spouse
• A U.S. citizen parent
• A U.S. citizen adult son or daughter (21 or older)

VAWA also provides confidentiality protections, ensuring your abuser will not be notified of your petition.

Who Qualifies for VAWA?

You may be eligible to self-petition under VAWA if you meet the following criteria:

Qualifying Relationship

• Spouses: You are married to or divorced from an abusive U.S. citizen or LPR. Divorce must have occurred within the last two years and must have been related to the abuse.
• Parents: You are the parent of an abusive U.S. citizen son or daughter who is 21 years of age or older. Parents of abusive LPRs do not qualify.
• Children: You are the unmarried child (under 21) of an abusive U.S. citizen or LPR parent. Protections may extend to children over 21 under the Child Status Protection Act (CSPA).

Proof of Abuse or Extreme Cruelty

You must show evidence of abuse or extreme cruelty, such as:

• Physical violence or threats of harm
• Emotional manipulation or psychological abuse
• Financial control or isolation

Even if the abuse was not physical, extreme cruelty may qualify you for VAWA.

3. Good Faith Marriage (for Spouses)

If filing as a spouse, you must prove that your marriage was entered into in good faith and not for immigration purposes. Evidence of a good faith marriage may include:

• Joint financial accounts or property ownership
• Shared lease agreements or utility bills
• Photos of family gatherings or events
• Correspondence between you and your spouse
• Affidavits from family and friends familiar with your relationship

Good Moral Character

You must demonstrate good moral character during the three years immediately preceding your VAWA petition. Certain criminal convictions or activities, such as false testimony under oath or involvement in prostitution, may affect eligibility. Our team can help you address any concerns and apply for waivers if necessary.

Confidentiality Protections for VAWA Petitioners

VAWA petitions are protected under strict confidentiality provisions:

• Absolute Privacy: USCIS will not notify your abuser or any third party about your petition.
• Federal Protections: Under federal law, any disclosure of information about a VAWA petition is strictly prohibited, ensuring your safety and privacy.

You can file with confidence knowing that your case will remain confidential.

Steps to File a VAWA Petition

1. File Form I-360

VAWA self-petitions are filed using Form I-360. This form establishes your qualifying relationship and includes details of the abuse you experienced.

2. Gather Evidence

Strong evidence is critical for a successful petition. Examples include:

• Police reports, protection orders, or court records
• Medical or counseling records
• Photos of injuries or abuse
• Witness statements from family, friends, or community members
• Evidence of shared residence, such as leases, utility bills, or photos

3. Submit the Petition to USCIS

After filing Form I-360, USCIS will review your petition and evidence. If approved, you can move forward with applying for work authorization and adjustment of status.

Can VAWA Petitioners Apply for a Green Card?

Yes. Once your VAWA petition is approved, you may be eligible to apply for lawful permanent residency (a Green Card).

Eligibility Requirements for Adjustment of Status

To adjust status after VAWA approval, you must:

• Have a valid Form I-360 approval
• Be physically present in the United States at the time of application
• Be admissible to the U.S. or qualify for a waiver of inadmissibility

Applicants must file Form I-485, Application to Register Permanent Residence or Adjust Status, to begin this process.

Special Considerations for VAWA Petitioners

1. Bigamy and Invalid Marriages

If your marriage was not legally valid due to the abuser’s bigamy, you may still qualify for VAWA if you believed the marriage was legitimate.

2. Divorce and Separation

You can file a VAWA petition within two years of divorce or termination of the relationship, provided the divorce was related to the abuse.

3. Inadmissibility Waivers

VAWA petitioners can apply for waivers of certain grounds of inadmissibility, including:

• Unlawful presence or entry
• Prior immigration violations
• Certain criminal offenses

Form I-601, Application for Waiver of Grounds of Inadmissibility, may be required in these cases.

Inclusive Support for All Survivors

VAWA protections extend to all survivors of domestic abuse, regardless of gender or sexual orientation. At Luis Ruiz Law, we have experience assisting:

• Male survivors
• LGBTQ+ survivors
• Non-traditional family structures

We handle every case with the care, respect, and confidentiality it deserves.

Contact a Houston VAWA Immigration Lawyer Today

If you are a survivor of domestic abuse, you don’t have to face this process alone. At Luis Ruiz Law, we are here to guide you every step of the way, providing compassionate and confidential legal support. Contact us today to schedule a consultation and begin your path to safety and security.