Know the Laws:

UPDATED January 13, 2009

This page includes information for obtaining legal status if you are married to an abusive US citizen or lawful permanent resident.

• Basic Info
  • What is VAWA?
  • How can I get lawful permanent residency under VAWA?
  • What if I am divorced, widowed, or remarried? Am I still eligible to self-petition?
• How do I Self-Petition under VAWA?
• Cancellation of Removal Process
• Battered Spouse or Child Waiver

Basic Info

back to topWhat is VAWA?

VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions in United States immigration law to protect battered noncitizens. These provisions were updated in 2000 by the Battered Immigrant Women's Protection Act.

back to topHow can I get lawful permanent residency under VAWA?

The special provisions that VAWA created under United States Immigration law may help you obtain Lawful Permanent Residence. Under VAWA, battered non-citizens who are married to, or recently divorced from US Citizens or Lawful Permanent Residents can, in certain circumstances, self-petition (without the help or knowledge of their abusive spouse) to obtain Lawful Permanent Residence or to remove the condition on their 2-year Conditional Permanent Residence cards. If you have never been married to your abuser, or if your abuser is not a US Citizen or Lawful Permanent Resident, then you most likely do not qualify to self-petition for Lawful Permanent Residence under VAWA. However, you may qualify for a U-visa. For more information, see U-Visa Laws and Procedures.

Normally, when petitioning for Lawful Permanent Residence as a spouse of a U.S. Citizen or Lawful Permanent Resident, your spouse must initiate the petition with the United States Citizenship and Immigration Service (USCIS) of the Department of Homeland Security, and attend an interview with immigration authorities along with you in order for your petition for Lawful Permanent Residence to be granted. In relationships of domestic violence, this often means that the abusive spouse uses their ability to control the immigration status of the victim as yet another method of abuse. To eliminate this deeply damaging power dynamic, VAWA allows battered non-citizens to "self-petition” for Lawful Permanent Residence. In effect, instead of depending upon their abusive spouse to apply for the victim’s immigration status with USCIS, a victim can apply on his or her own behalf and on behalf of her children. The abusive spouse plays no role in the process and does not have to know you are applying. In fact, the law is clear that USCIS may not inform an applicant’s spouse that a victim has applied for a VAWA self-petition.

Because the law is complicated, before you apply for a VAWA with the USCIS, you should first consult a shelter worker, immigration attorney, or a domestic violence or immigration organization for assistance. You will find a list of local domestic violence organizations on the State and Local Programs page for your state under the Where to Find Help tab at the top of this page.

VAWA created a second way for battered non-citizens to obtain Lawful Permanent Residence under VAWA: "Cancellation of Removal." Cancellation of removal is available to battered noncitizens who are in, or can be placed into, removal (deportation) proceedings before an immigration judge. If a battered noncitizen qualifies for Cancellation, an Immigration Judge may waive deportation and grant him or her lawful permanent residency. However, because a battered noncitizen must be in removal proceedings before he or she can apply for Cancellation of Removal, and being in removal proceedings carries with it a substantial risk of deportation, please be certain to consult with an immigration attorney before proceeding.

VAWA created a third way for battered non-citizens to obtain Lawful Permanent Residence under VAWA: Battered Spouse or Child Waiver. If you have the 2 year conditional permanent residence card and you are a victim of domestic violence, your conditional status can be removed before the two year period.

If you are a victim of domestic violence, but do not think that you qualify for either a VAWA Self-Petition or Cancellation of Removal under VAWA, there may be other ways that you can obtain lawful immigration status in the United States. The best way to determine your eligibility is to discuss your personal situation with an attorney who specializes in immigration law.

back to topWhat if I am divorced, widowed, or remarried? Am I still eligible to self-petition?

It depends. Certain changes in your legal status do not affect your eligibility to Self-petition or to obtain Cancellation of Removal under VAWA: *

• The spouse of an abusive US citizen or lawful permanent resident can self-petition up to two years after divorce, if there is a connection between the divorce and the abuse.
• The spouse of an abusive US citizen can self-petition up to two years after the death of his/her spouse.
• The spouse or child of an abusive US citizen or lawful permanent resident can self-petition up to two years after the US citizen or lawful permanent resident loses immigration status, if the loss of status is related to domestic violence.
• You may remarry, but not until after your VAWA self-petition is approved. If you marry before filing the application or while it is still pending, you will lose the opportunity to obtain Lawful Permanent Residence through VAWA.

• If victim files self-petition while children are less than 21 years old and unmarried, his/her children will remain eligible to obtain lawful permanent residence no matter how long it may take the authorities to process and approve his/her application.
• If victim files self-petition while her children are less than 21 years old and unmarried, they may be able to be included on her application and may not need to file VAWA self-petitions themselves.
• The child of an abusive U.S. Citizen or Lawful Permanent Resident may file a VAWA Self-Petition up to the age of 25, but only if (a) they remain unmarried and (b)can prove that the abuse they suffered at the hands of their US Citizen or Lawful Permanent Resident parent is one central reason why they could not file a VAWA before they turned 21.

back to top