What is a VAWA Self-Petition?

What is VAWA?

The Violence Against Women Act (VAWA) is a federal law in the United States that gives legal protection to victims of domestic violence, sexual assault, and other related crimes. One of the benefits of VAWA is that it provides a pathway to immigration for victims of domestic abuse who otherwise would need to rely on their abusers for sponsorship. As you may have learned from our other articles on the adjustment of status (AOS) process, it generally relies on a U.S. citizen or permanent resident filing a petition for your application for a green card. This means that your application is reliant on and controlled by your family member, who is a citizen or LPR, until your application is successful. In the case of marriage-based AOS, you can remain reliant on your marriage for immigration status even after you are granted a green card. VAWA allows qualifying applicants to self-petition for immigration status, meaning that they can apply for adjustment of status without a sponsor. This means that the applicant will not be reliant on their abuser for immigration status. Instead, they can file independently. 

"One of the benefits of VAWA is that it provides a pathway to immigration for victims of domestic abuse who otherwise would need to rely on their abusers for sponsorship."

How do I qualify for VAWA self-petitioning? 

There are three requirements to be eligible for VAWA self-petitioning. The first part of a VAWA self-petition is having a qualifying relationship with an abusive U.S. citizen or lawful permanent resident (LPR). This means that you must be the spouse or former spouse of a citizen or LPR, the child or stepchild of a citizen or LPR, or the parent of a citizen who is 21 or older. You can learn more about each of these categories in further sections. The second requirement is showing proof that you were subject to “battery or extreme cruelty” by someone with a qualifying relationship to you. The third step is proving that you have “good moral character.”

What do I need for my application if I am married or was married to a citizen or LPR? 

First, your relationship to your abusive spouse must fall under one of these five categories: 

1. You are currently married to a citizen or LPR. 
2. You are divorced from a citizen or LPR because of abuse. This divorce must occur within two years of your application. The two-year time period begins when your divorce is finalized. 
3. You are married to a citizen or LPR who lost their status because of domestic violence within two years of your application. 
4. You were married to a citizen or LPR and later found out that they were still married to a different partner. 
5. Your citizen spouse died within two years of your application. 

If you fall under one of these five categories, you will need to prove that you were in a bona fide marriage. You can learn more about evidence for a bona fide marriage here. 

What qualifies as abuse for my VAWA petition? 

For VAWA applications, abuse is considered “battery or extreme cruelty.” This means that you must prove that you were battered or subjected to extreme cruelty by a citizen or LPR with whom you have a qualifying relationship. Both of these terms are broad and encompass many different forms of harm.

What qualifies as battery? 

Battery generally refers to physical violence, such as hitting or punching, or sexual violence, like rape. 

What qualifies as "extreme cruelty"?

In some ways, extreme cruelty is more complex to illustrate than battery because it goes beyond the scope of physical violence. There is no specific definition of extreme cruelty outlined by USCIS. It is more important to demonstrate a consistent pattern of control and cruelty. This can include isolation, financial abuse, violent threats, restriction of food/medication/clothing, or threats of deportation. This is not a comprehensive list. 

Is there a specific time period in which the battery or extreme cruelty needed to happen for me to qualify? 

Yes, there are specific timeframes for when the battery or extreme cruelty must have occurred to qualify for a VAWA self-petition, depending on the relationship category:

• Spousal Relationship (Marriage): The abuse must have occurred during your qualifying marriage.
• Parental Relationship (Child as Applicant): The abuse must have occurred when you were under 21 and living with or visiting the abusive parent.
• Parental Relationship (Parent as Applicant): The abuse must have occurred when your child was 21 or older.



Even though abuse must occur within this time period, you can include evidence or testimony of violence towards you beyond this timeline to show a consistent pattern of violence or abuse in your relationship.

Can men qualify for VAWA self-petitioning? 

Yes. Even though the law specifies women, male victims can also qualify if they meet the general requirements to self-petition.

Do I need to hire a lawyer for my VAWA case?

Filing a VAWA self-petition can be a complicated process. You will need to prove a bona fide relationship in addition to proving that you have experienced “battery or extreme cruelty.” If you would like more information on how our firm can help, please contact us.