Differences Between VAWA and a Family Petition

Lisinski Law Firm

The main difference between a family petition and a VAWA case is who files and controls the case. In a family petition, the U.S. citizen or lawful permanent resident files the petition on behalf of their eligible family member. In contrast, VAWA allows certain eligible individuals to file a self-petition without depending on the family member on whom the petition is based and who is committing the abuse. This difference is key for many people who believe that a Family Petition is their only option to obtain legal status. For certain eligible individuals, VAWA may offer a path toward legal status independently and confidentially.

What Is a VAWA Case?

VAWA is a humanitarian law that allows certain individuals who have experienced abuse by a U.S. citizen or lawful permanent resident family member to file an immigration self-petition without depending on their relative. If they meet the applicable requirements, some individuals may also be eligible to apply for lawful permanent residence (Green Card). Individuals who may qualify for VAWA must have been victims of certain forms of domestic abuse by:

A U.S. citizen or lawful permanent resident spouse (or former spouse)
An adult U.S. citizen child
U.S. citizen or lawful permanent resident parents when the applicant is a minor

A VAWA case is also distinguished by its confidentiality and by protecting applicants’ privacy throughout the entire immigration process.

“You petition for yourself. If we base your case on your ex-wife or current wife, we do not need her help. You have the power in the case.”

Angel Lisinski, CEO and Founding Attorney of Lisinski Law Firm

You are not alone in this process, contact us for support.

What Is a Family Petition?

Form I-130, Petition for Alien Relative, also known as the Family Petition, is used by U.S. citizens and lawful permanent residents to request that certain eligible family members be recognized as beneficiaries of a family petition. U.S. citizens may petition for their spouse, children (unmarried or married), parents (if the petitioner is an adult), and siblings (if the petitioner is an adult). On the other hand, lawful permanent residents may petition only for their spouse and children of any age.

The Family Petition requires proof of the relationship between the petitioner and their eligible family member. The case depends on the participation of the petitioning family member, who may withdraw the petition under certain circumstances.

What Are the Benefits of VAWA?

One of the important benefits of VAWA is its special confidentiality protections. In addition, the self-petition allows the applicant to move forward without depending on the participation or consent of the family member on whom the application is based and who is committing the abuse. These protections are intended to safeguard the privacy and safety of individuals who file a VAWA self-petition.

Certain VAWA applicants may apply for Adjustment of Status to obtain lawful permanent residence (Green Card) concurrently and obtain greater protection in the future. Depending on the applicant’s circumstances and eligibility, the process may also provide access to other immigration benefits, such as employment authorization, a Social Security number, and, in certain cases, travel authorization (Advance Parole).

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How Can You Fix Papers Without Help From a Family Member?

VAWA allows certain eligible individuals to file a self-petition and seek an immigration benefit without depending on the family member who is committing the abuse to file a Family Petition on their behalf. VAWA can be especially important for individuals whose immigration status has been used by an abusive family member as a form of control, as it allows them to file an independent self-petition. The VAWA process does not require the participation or consent of the abusive family member and allows certain eligible individuals to seek immigration relief independently. Even if there are negative issues in your record, options may be available through VAWA depending on the particular circumstances of the case.