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Immigration Has No Borders
Frequently Asked Questions on VAWA
What is VAWA?
The Violence Against Women Act (VAWA) is a federal law that provides protections and immigration benefits for survivors of domestic violence, sexual assault, human trafficking, and other forms of gender-based violence.
Individuals who have been the victims of abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child may be eligible for immigration benefits under VAWA. This includes both women and men who have suffered abuse.
VAWA provides several immigration benefits, including:
Self-petitioning for lawful permanent residency (green card) without the abuser's knowledge or consent.
Eligibility to apply for employment authorization while the VAWA petition is pending.
Protection from deportation (removal) proceedings based on the abuse.
To file a VAWA self-petition, individuals must provide evidence of the abuse, such as police reports, medical records, affidavits from witnesses, photographs, or other supporting documentation.
Yes, individuals who are divorced from their abuser may still be eligible to file a VAWA self-petition as long as they can provide evidence of the abuse during the marriage.
Yes, individuals who are in removal proceedings or have a final order of removal may still be eligible to apply for VAWA benefits. They should consult with an immigration attorney to explore their options.
Yes, VAWA self-petitioners may include their unmarried children under the age of 21 as derivative beneficiaries on their petition. Each child must meet the eligibility criteria for derivative benefits under VAWA.
There is no deadline for filing a VAWA self-petition. However, certain abused spouses whose marriage has been terminated within the past two years may still self-petition. Individuals are encouraged to file as soon as possible after experiencing abuse to avoid delays in processing their petition.
Yes, individuals who are in the United States without lawful immigration status may still be eligible to apply for VAWA benefits. VAWA provides protections regardless of immigration status.
Yes, individuals in same-sex relationships who have been the victims of abuse may be eligible to apply for VAWA benefits. VAWA protections apply regardless of the gender or sexual orientation of the individuals involved.
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