Rights and Resources Available to VAWA Self-Petitioners

The Violence Against Women Act (VAWA) was established to help individuals who have faced domestic abuse or violence and who are married to U.S. citizens, are parents of U.S. citizens, or lawful permanent residents. VAWA provides a path for self-petitioners, allowing them to apply for lawful permanent residency without relying on the abusive spouse, child, or parent. This is especially crucial for those who are in abusive relationships, where the abuser controls access to legal status.

If you are a victim of domestic violence or abuse, VAWA provides important protections, rights, and resources to help you navigate the process of self-petitioning for permanent residency. Let’s explore the rights available to VAWA self-petitioners and the resources they can rely on throughout this journey.

Who Qualifies for VAWA Self-Petitioning?

The VAWA self-petition process allows victims of domestic violence to apply for a Green Card without the cooperation or involvement of their abusive spouse, child, or parent. Self-petitioners can be:

• Spouses of U.S. citizens or lawful permanent residents.
• Unmarried children under 21 of U.S. citizens or lawful permanent residents.
• Parents of U.S. citizens who are 21 years old or older.

It is important to note that VAWA covers individuals regardless of gender. Men and women alike can be eligible to self-petition under VAWA if they meet the necessary criteria.

Rights of VAWA Self-Petitioners

• Confidentiality Protections: One of the most important rights available to VAWA self-petitioners is the confidentiality of their application. If you are a victim of domestic violence or abuse, your personal information is kept private throughout the process. U.S. Citizenship and Immigration Services (USCIS) is required by law to protect the privacy of applicants. This protection extends to your address, phone number, and other sensitive details that may be included in your petition.

• Ability to File: Without the Abuser’s Consent Under normal circumstances, individuals seeking permanent residency would need the support and cooperation of their U.S. citizen or permanent resident spouse, child or parent. However, VAWA self-petitioners do not need the abuser’s consent to file for a Green Card. This provision is a crucial protection for victims who may fear retaliation or further abuse if they inform their spouse or parent about their application.
• Adjustment of Status: Once your self-petition is approved, you can apply for lawful permanent residency (a Green Card) without having to depend on your abuser. After your petition is granted, you can adjust your status from a temporary to a permanent resident, providing you with a pathway to citizenship in the future. The approval of your VAWA petition can be life-changing, as it gives you the freedom to live independently of your abuser. You can also file for adjustment of status while your VAWA application is pending. Consult an immigration attorney to determine if this legal strategy is right for your particular case.

Resources Available to VAWA Self-Petitioners

• Legal Assistance: Navigating the VAWA self-petition process can be complicated, and it is highly recommended that you seek legal help to guide you through the application. There are nonprofit organizations and law firms that specialize in VAWA cases and offer free or low-cost legal assistance to victims of domestic violence. A skilled immigration lawyer can ensure that your application is complete, increase your chances of approval, and provide you with legal protection during your process.
• Victim Support Services: Various organizations provide support for domestic violence victims, including those applying under VAWA. These organizations offer a range of services, including safety planning, emotional support, emergency housing, and help with obtaining protective orders. Many of these groups specialize in helping individuals going through the VAWA process and can connect you with counselors, shelters, and resources specific to your needs.
• Domestic Violence Shelters: If you are in immediate danger or need a safe place to stay, domestic violence shelters are available across the U.S. These shelters provide emergency housing, food, legal assistance, and emotional support. They are confidential, so you don’t have to worry about your abuser finding out where you are. Many shelters also have advocates who are familiar with the VAWA process and can provide guidance on how to apply for a Green Card while ensuring your safety.
• Counseling and Therapy Services: Survivors of domestic violence often experience emotional and psychological trauma, including anxiety, depression, PTSD, and feelings of isolation. Counseling services, both individual and group, are available for those applying for VAWA benefits. Mental health professionals can offer counseling to help you recover from the abuse and provide you with coping strategies to manage any ongoing effects.
• Helplines and Hotlines: National and local hotlines are available to provide immediate assistance for victims of domestic violence. The National Domestic Violence Hotline offers confidential support 24/7 and can connect you with local resources, shelters, and legal assistance. These hotlines can also provide information on the VAWA process, answer questions, and offer immediate help when you need it most.
• Public Benefits and Financial Assistance: Depending on your situation, you may be eligible for various public benefits such as food assistance, Medicaid, or financial aid. States and local communities often have programs that are specifically designed for victims of domestic violence, and these programs can help you get back on your feet as you wait for your Green Card application to process.

Important Considerations for VAWA Self-Petitioners

• Good Moral Character: To qualify for VAWA benefits, you must demonstrate that you have good moral character. This requirement is part of the evaluation process for your Green Card application. Criminal convictions related to domestic violence or other serious offenses could affect your ability to qualify. However, victims who have been forced into criminal activity due to abuse are not automatically disqualified.
• Timeliness of Filing: It’s important to file your self-petition as soon as possible after experiencing abuse. You must file your petition within two years of the final divorce decree if you are no longer married to the abuser. However, if you are still married, there is no deadline, and you can file while still living with the abusive spouse.
• Proving Abuse: As part of the VAWA application, you will need to provide evidence of the abuse you experienced. This can include police reports (not required, but helpful), medical records, court documents, witness statements, or any other documentation that supports your claim. The more evidence you can provide, the stronger your case will be. The applicant’s personal statement of the abuse is also considered as evidence, and is particularly important. 

Speak to a Knowledgeable VAWA Attorney

VAWA provides a vital opportunity for individuals who have experienced domestic abuse to seek safety and independence without the fear of losing their immigration status. Through the process of self-petitioning, you can apply for legal status independently of your abuser, accessing the resources and protections necessary to support you throughout this journey.

If you are a victim of domestic violence and are considering applying for a Green Card through VAWA, it is crucial to seek legal advice from a compassionate and experienced immigration lawyer. At Saavedra & Perez Law, we are committed to guiding you through every step of the VAWA petition process, connecting you with the right resources, and ensuring that you have the support you need to begin building a safer, more independent future. Let us help you navigate this important process with the care and expertise you deserve.