VAWA Petition: Self-Petitioning for a Green Card Under the Violence Against Women Act

The Violence Against Women Act (VAWA) allows certain victims of abuse to self-petition for a green card without the involvement or knowledge of their abusive U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. This critical immigration relief offers a pathway to safety and independence for those who have suffered domestic violence, battery, or extreme cruelty.

At Cho Law LLC, we are committed to helping survivors navigate the VAWA self-petitioning process with confidentiality, compassion, and expertise. Our legal team ensures that each case is carefully prepared to demonstrate eligibility and protect the applicant’s rights.

Why File a VAWA Petition?

VAWA provides survivors with the ability to obtain a green card without relying on their abuser. Benefits of filing include:

  • Protection from deportation while the petition is pending
  • Eligibility for work authorization
  • Ability to apply for permanent residency without the abuser’s consent
  • A path to U.S. citizenship after obtaining a green card

Who Qualifies for a VAWA Petition?

To qualify for a VAWA self-petition, you must meet the following criteria:

1. Relationship to the Abuser

  • Spouse: You are or were married to a U.S. citizen or LPR who subjected you to battery or extreme cruelty.
  • Parent: You are an abused child (under 21) of a U.S. citizen or LPR.
  • Child: You are an abused parent of a U.S. citizen son or daughter (age 21 or older).

2. Abuse or Extreme Cruelty

You must show that the U.S. citizen or LPR subjected you to battery or extreme cruelty, which can include:

  • Physical violence
  • Threats of harm or deportation
  • Psychological or emotional abuse
  • Financial control or isolation

3. Good Faith Marriage (For Spouses)

  • If applying as a spouse, you must prove that your marriage was entered into in good faith and not solely for immigration purposes.

4. Continuous Residence in the U.S.

  • You must have lived in the U.S. at some point with the abuser.

5. Good Moral Character

  • You must demonstrate that you have maintained good moral character, meaning you have not engaged in serious criminal activities.

VAWA Petition Filing Process

  1. Submit Form I-360 (VAWA Self-Petition)

    File Form I-360 with supporting evidence proving your eligibility.
    You do not need your abuser’s consent or involvement.

  2. USCIS Review & Prima Facie Determination

    USCIS may issue a prima facie determination if initial evidence is sufficient, allowing you to access certain public benefits.

  3. Work Authorization (EAD) & Deferred Action

    If your I-360 is approved, you may apply for work authorization while waiting for your green card.

  4. Adjustment of Status (Form I-485) – Green Card Application

    If a visa is available, you may file Form I-485 for lawful permanent residency.
    If already eligible, Form I-485 can be filed concurrently with Form I-360.

  5. Green Card Approval & Path to Citizenship

    Once approved, you receive a 10-year green card.
    You can apply for U.S. citizenship after three years if married to the abuser or five years

Required Evidence for a VAWA Petition

To strengthen your VAWA self-petition, you should submit:

  • Personal declaration detailing the abuse
  • Police reports, restraining orders, medical records, or court documents (if applicable)
  • Proof of the abuser’s U.S. citizenship or LPR status
  • Proof of good moral character (e.g., background checks, affidavits)
  • Marriage certificate (for spousal petitions)
  • Proof of joint residence with the abuser (e.g., lease agreements, bills, mail)

How Cho Law LLC Can Help

Our experienced attorneys provide confidential, compassionate, and strategic legal assistance to survivors of abuse seeking immigration relief under VAWA.

Our Services Include:

  • Confidential Consultation: We assess your case while ensuring privacy and security.
  • Comprehensive Documentation: We help you gather and present strong supporting evidence.
  • Legal Advocacy: We prepare and submit a compelling VAWA self-petition.
  • Adjustment of Status Assistance: We guide you through the green card process after I-360 approval.
Schedule a Consultation Now

No, VAWA is a self-petition, meaning you do not need the abuser’s involvement or consent.

You may still qualify if you file within two years of the divorce and can prove the abuse occurred during the marriage.

Yes, VAWA applies to all genders, including men who have suffered abuse by a U.S. citizen or LPR spouse, parent, or child.

Yes, once your I-360 is approved, you may apply for work authorization (EAD) while waiting for your green card.

VAWA provides special protections, and you may still qualify even if you entered without inspection (EWI).

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