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Immigration

VAWA basic info

In your message you mention that XXX 

Even though I cannot say if you would qualify, I do want to mention the VAWA self-petition. This relief is based on a law that creates a special route to lawful immigration status for victims of domestic abuse who normally must rely on their abusers to file for status for them. VAWA self-petitioning allows victims of abuse who are close relatives of US citizens and lawful permanent residents to file for status on their own. This relief has 3 requirements:

  1. to have one of the qualifying relationships- for example, to be legally married to a US citizen or LPR;
  2. prove that the person was the victim of abuse- defined in the law as “battery or extreme cruelty”, while in the US (with a few exceptions); and
  3. show that the person is of good moral character.

Because immigration laws and the process to apply itself can be very complicated, it’s recommended to contact an attorney who specializes in this topic. You can find contact information for free legal services lawyers and the state bar’s lawyer referral service for private attorneys on our Finding a Lawyer page. If you are eligible for services with a free legal services organization, but they can’t represent you, you may want to ask if you can at least get a free consultation with an attorney to get brief advice. We also have an National Organizations- Immigration page where you can find organizations that specialize in this topic and may be able to provide a consult, a referral or more information. Specifically, the American Immigration Lawyers Association has a ‘finder’ feature where you can find lawyers that specialize in different areas of immigration law. Even though I can guarantee the information they provide is accurate, it might be a good place to start researching in your particular situation. 

Finally, I want to mention that sometimes, when a victim is ready to end an abusive relationship, it’s possible that the abuser will become more violent. So, I want to provide you a link to local domestic violence organizations your state that might be able to support you. These organizations may be able to provide support, shelter, counseling, safety planning, legal referrals or other services.  Here is a link that might help you locate Local Advocates/Shelters in your area. There’s also a National Domestic Violence Hotline where a victim can chat or talk to an advocate 24/7.