Legal Information: Federal


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January 30, 2018

If I am a victim of abuse, are there protections available for me under VAWA?

There are three possible forms of relief under VAWA that have their own set of requirements:

1) VAWA self-petition

You may be eligible to "self-petition” for lawful permanent residence without the assistance of the abuser if you are abused by:

  • your US citizen (USC) or legal permanent resident (LPR) spouse (or if that spouse has abused your child);
  • your USC or LPR parent (including a step-parent); or
  • your USC adult son or daughter (not an LPR son or daughter).*

For more information on VAWA self-petitions, go to our VAWA self-petition page.

2) Battered spouse or child waiver
You may be able to apply for a “battered spouse or child waiver” if you have conditional legal permanent residence as a spouse (and in certain circumstances as a child) of a USC or LPR, and the USC or LPR has abused you.  With a battered spouse or child waiver, the abuser does not have to file the joint petition with you.**

For more information on battered spouse and child waivers, go to our Battered spouse or child waiver page.

3) VAWA cancellation of removal
If you are in removal proceedings (formerly known as deportation proceedings) before an immigration judge, and you are abused by your USC or LPR spouse or parent (or you have a child with the USC or LPR who is abused by him/her), it might be possible to apply for “VAWA cancellation of removal.”***  However, because in order to be eligible to apply for VAWA cancellation of removal you have to be in removal proceedings, it is extremely important that you have an immigration attorney with experience in VAWA to advise you and represent you.

For more information, go to our VAWA cancellation of removal page.

Note: Because immigration procedures are so complex, we strongly suggest you consult with an immigration lawyer who has experience with VAWA.  Our Immigration/ International page lists organizations working on the area of immigration law and our Finding a Lawyer page includes the contact information of legal organizations and lawyer referral services by state.

If you are a victim of domestic violence, but do not think that you qualify for immigration relief under VAWA, there may be other ways that you can obtain lawful immigration status in the United States.  For example, If you were not married to the abuser or the abuser was not a USC or LPR, you may still qualify for U nonimmigrant status - please see our U Visa Laws for Crime Victims page.  The best way to determine your eligibility is to discuss your personal situation with an immigration attorney with experience in VAWA.

* INA § 204(a)(1)(A) & (B)
** INA § 216(c)(4)(C)
*** INA § 240A(b)(2)