If someone in your family is hurting you
The Violence Against Women Act (VAWA) is a federal law that lets certain abused family members apply for immigration status by themselves. Despite the name, it protects everyone: women, men, and children. You may qualify if you were abused by a U.S. citizen or lawful permanent resident who is your spouse or former spouse, your parent, or your adult son or daughter.
Abuse under VAWA is broader than physical violence. Threats to call immigration, controlling your money or documents, isolating you from family, constant humiliation, and sexual abuse can all count as battery or extreme cruelty.
Many people stay in a dangerous home because they believe their papers depend on the abuser. Under VAWA, they do not. You can file on your own, and the abuser is not notified and does not need to sign anything.
How the VAWA self-petition works
The self-petition is filed on Form I-360 with USCIS. There is no interview with the abuser and no court hearing. USCIS reviews your petition on paper, which is why the written record matters so much.
To approve the petition, USCIS generally needs to see that the abuser is a U.S. citizen or permanent resident, that you have the qualifying relationship, that you lived with the abuser at some point, that you suffered battery or extreme cruelty, and that you are a person of good moral character. For spouses, USCIS also looks at whether the marriage was entered in good faith.
Evidence can include your own detailed declaration, police or protective order records, medical or counseling records, photos, messages, and letters from people who saw what happened. If you do not have official records, that does not end the case. Your own sworn statement is often the most important piece.
- Step 1: A private, free consultation to see whether VAWA fits and whether another option might be safer or faster.
- Step 2: We prepare the I-360, your declaration, and supporting evidence, and we may also file for a work permit when the rules allow.
- Step 3: USCIS reviews the petition and may send a request for evidence, which we answer.
- Step 4: After approval, we help you apply for permanent residence (a green card) when you are eligible.
What USG Law Group does for you
Gissel "Gigi" Mejia, our USCIS Practice Manager, is usually the first person you will speak with. She works the USCIS petition side of the firm, including VAWA, and clients tell us she is kind, patient, and quick to respond. Attorney Marianela Uribe reviews and signs every filing.
We take your story at your pace and write your declaration with you, in your own words. We organize the evidence, explain what USCIS is looking for, and file the complete package. If you are already in removal proceedings, we coordinate the VAWA petition with your immigration court (EOIR) case.
We also plan for safety. We use the contact method and mailing address you choose, and we never contact the other person. USCIS has its own confidentiality rules for VAWA cases, and we explain how they protect you.
What can disqualify you, and what often goes wrong
Some facts can make a VAWA case harder. If the abuser is not a citizen or permanent resident, VAWA does not apply, although a U visa may. If the marriage was not legally valid or was entered only for papers, the petition may fail. Certain criminal convictions, or a divorce that happened more than two years before filing, may also be a problem.
Cases often run into trouble when the declaration is vague, when the evidence does not connect the abuse to the abuser, or when the person filed something earlier, without a lawyer, that now contradicts the new petition.
None of these issues automatically closes the door. There are exceptions, and sometimes a different path is better. The free consultation exists to sort this out honestly before anything is filed.
Why families trust a VAWA lawyer at USG Law Group
USG Law Group is a woman-led, bilingual immigration firm. Many of our VAWA clients prefer to speak with a woman, in Spanish, about what happened, and that is what you will find here. Clients tell us we explain everything in detail and move faster than they expected.
We offer a free initial consultation, payment plans and financing, and evening, weekend, and virtual appointments by phone or Zoom. Our office is in Woodbridge, Virginia, near Potomac Mills, and we serve Northern Virginia, Richmond, Maryland, and Washington DC. If leaving the house is hard, we can start by phone.
Related help and next steps
An approved VAWA petition is usually the first step toward a green card, so see our Adjustment of Status page for what comes next. If the abuser is not a citizen or resident, or if the harm was a crime by someone outside your family, our U Visa page may apply. If you also need a work permit, see our Work Permit (EAD) page. And if you are in removal proceedings, our Deportation Defense page explains how VAWA fits into that case.
