Survivors of domestic abuse often face more than just physical harm. Many live with the fear that speaking out could lead to retaliation, especially when their immigration status is tied to their abuser. The Violence Against Women Act (VAWA) was created to provide a path forward—one that allows survivors to seek lawful status in the U.S. without relying on the person who harmed them.
But many victims hesitate to file under VAWA because they worry about what might happen to their abuser. Will they be contacted? Will they be punished? Can they find out about the petition?
Understanding VAWA and Who It Protects
VAWA allows certain immigrants who have been abused by a U.S. citizen or lawful permanent resident to apply for lawful immigration status on their own. This includes spouses, children, and in some cases, parents. The process is completely independent of the abuser. You do not need their consent, and they do not need to be involved.
The law was designed this way for a reason. Many abusers use immigration status as a tool of control, threatening to call immigration authorities or refusing to help their spouse or child obtain legal status. VAWA breaks that cycle by giving survivors control over their own future.
What Happens After You File a VAWA Petition
When you file a VAWA self-petition (Form I-360), it is handled by a special division of U.S. Citizenship and Immigration Services (USCIS) known as the Vermont Service Center. Officers who work on VAWA cases receive specific training in handling sensitive and trauma-informed applications. They understand the importance of confidentiality and take extra steps to protect your identity and your information.
Your petition will not be shared with your abuser. USCIS will not call them, send them a letter, or ask them to attend any interviews. Even if your abuser is your spouse and listed on prior immigration applications, they will not be notified about your VAWA petition. The law prohibits it.
Confidentiality Rules That Protect You
The protections under VAWA are reinforced by strict confidentiality rules. These fall under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Here’s what that means in practice:
- Your information cannot be disclosed to your abuser. USCIS, ICE, and other federal agencies are not allowed to release any details about your VAWA case to the person you named as the abuser. This includes whether or not you filed a petition, what you included in your application, or any decision that is made.
- Your safety is a priority. If you move or change contact details, you can request “safe address” procedures to ensure correspondence doesn’t fall into the wrong hands. In many cases, you can use your attorney’s address or another secure location.
- Your abuser cannot sabotage your case. Even if they try to submit information about you or contact immigration officials, that communication cannot be used to influence your case unless you are given the opportunity to respond. USCIS understands that abusers often lie or manipulate systems to maintain control.
Will My Abuser Face Legal Consequences?
VAWA is primarily focused on helping survivors. It does not automatically punish or investigate abusers. Filing a VAWA petition does not trigger a criminal investigation or deportation against the person you name. That said, there are certain situations where your abuser may face legal consequences—but only if other authorities become involved through separate means.
For example:
- If you report the abuse to local police or file a protective order, criminal charges could be pursued depending on the evidence.
- If your abuser has committed immigration fraud or has violated immigration laws, U.S. Immigration and Customs Enforcement (ICE) may take interest, but only if they are informed independently. Your VAWA petition alone does not prompt this.
- If your abuser is a lawful permanent resident and is later convicted of a serious crime, their immigration status may be affected through other processes.
In short, filing a VAWA petition does not guarantee or require that anything happens to your abuser. It is a process designed for you—not to punish them, but to help you move forward safely.
Can My Abuser Find Out Another Way?
The VAWA system is built to avoid exposing you to additional danger. However, it is important to take precautions. If you live with your abuser or still have contact with them, avoid leaving VAWA-related paperwork where they can find it. If you work with an attorney, make sure your mail goes to their office or to a trusted address.
Some survivors worry that their abuser may guess what is happening if they notice changes in immigration status. While that is possible, the legal system itself will not confirm or deny anything related to your petition. Even if the abuser contacts USCIS or ICE directly, they are not entitled to any information about your case.
Working With an Immigration Attorney Can Help
The VAWA process can be emotionally and legally complex. Each survivor’s experience is different. That’s why working with an immigration attorney is so important. A qualified attorney can:
- Make sure your petition is complete and well-documented
- Help you explain your story in a clear and honest way
- Communicate securely with USCIS on your behalf
- Set up safeguards to keep your case confidential
- Advise you on whether any separate legal steps may be appropriate
Attorneys also help correct any issues from past applications that may be connected to your abuser, such as jointly filed petitions or green card sponsorship.
A Path Toward Stability and Independence
Filing a VAWA petition is not easy. It requires courage, honesty, and the willingness to take back control. But the process is designed to put your safety first. You can apply for protection without alerting your abuser. You can receive lawful status on your own terms. And you can take the first steps toward a safer future.
At Saavedra & Perez Law, we understand the risks that survivors face. Our team is here to guide you through every step of the VAWA process with care, confidentiality, and compassion. If you are unsure whether you qualify or have questions about your specific situation, we’re here to help. Your safety is the priority. You do not have to walk this road alone.