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what is VAWA?

Complete Guide to the Violence Against Women Act

Through the Violence Against Women Act, known as VAWA, many immigrants have found a path of relief towards legal immigration status, specifically for people who have been victims of domestic abuse by an American citizen or resident spouse, or a citizen child over 21 years of age.

While it is commonly referred to as the VAWA Visa, the Violence Against Women Act is not technically a visa, but rather a law that enables victims of domestic abuse submit a self-petition to adjust their status and, eventually, obtain a Green Card (legal permanent residence), without depending on a family petition controlled by the abuser.

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VAWA Immigration Lawyer

Navigating the VAWA application process can be complex and emotionally overwhelming. That is why it is so important to have the support of an experienced VAWA immigration attorney, like attorney Angel Lisinski, to ensure that your petition is filed correctly, with all the necessary documents, and that your rights are respected throughout the entire process. Considering the number of difficulties when facing the U.S. immigration system, seeking help from the best VAWA attorney near you could make a real difference in your case.

At the Lisinski Law Firm, we have won papers for many people across the country and are ready to guide you in your VAWA petition, regardless of how difficult it may be.
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What is a VAWA Petition?

The VAWA petition allows victims of mistreatment by a citizen or resident spouse, or a citizen child of legal age, to request legal immigration status independently. To understand what happens to the abuser in a VAWA case, it is crucial to clarify that VAWA is 100% confidential and will not have any negative consequences for your child or spouse. It is simply a pathway towards immigration benefits like the Green Card without depending on a family member to petition for you.
The best strategy when starting a petition is to contact a trusted VAWA attorney to guide you during the process. To submit your case to USCIS, you must request and file form I-360, write your declaration, and gather all the required evidence and documentation.
At the Lisinski Law Firm, we have a proven track record in winning VAWA cases and stand out as the best VAWA immigration attorneys because we:
  • Understand every detail of the application process.
  • Know first-hand how difficult it is to face a situation of domestic abuse and irregular immigration status.
  • Have an exceptional legal team totally dedicated to our clients.
  • Don’t give up on the toughest of cases.
The best part about the VAWA case is that the abuser does not have to be involved in the application process and they do not have to be informed about the petition in the first place. The petitioner is completely in control of the situation.

Who Can File for VAWA?

According to USCIS, to meet VAWA’s eligibility requirements the petitioner must prove that they were a victim of “abuse or extreme cruelty” in their relationship with:

  • Spouses
U.S. citizen or resident spouse or ex-spouse. You may qualify even if you have been separated or divorced within two years.

  • Children
Citizen child of 21 years of age or older.

  • Parents
U.S. citizen or resident parents, while being underage.
Despite its name, the Violence Against Women Act also protects men who have been victims of domestic abuse and eligibility is based on the same factors.

VAWA Immigration Requirements

  • Proof of a qualified relationship with an abuser who is a U.S. citizen or lawful permanent resident.
  • Evidence that you suffered domestic abuse, battery, or extreme cruelty during the relationship.
  • Proof that you lived with the abuser at some point.
  • Demonstrated good moral conduct.
  • Absence of marriage or immigration fraud.
Index

Can You Include Family Members in Your Petition?

VAWA immigration law states that the family members that can be added as derivatives in your petition are:
  • Unmarried children under 21 years of age who, upon approval as derivatives by USCIS, may receive the same immigration benefits as the petitioner
  • Unmarried stepchildren under 21 years of age.
  • Unmarried children who reach legal age during the immigration case’s processing period, but only under certain circumstances outlined by the Child Status Protection Act (CSPA).

Eligibility Requirements for VAWA

Victims of domestic abuse committed by U.S. citizen or lawful permanent residents may reach legal status under the Violence Against Women Act (VAWA) if they meet certain eligibility criteria such as:
  • Proof of a qualified relationship with an abuser who is a U.S. citizen or lawful permanent resident.
  • Evidence of mistreatment or extreme cruelty perpetrated by the abuser.
  • Proof of cohabitation with the abuser.
  • Proven good moral conduct.
  • Supporting evidence such as medical records, USCIS forms, police reports, and both personal and witness declarations.

What Kind of Documentation May Be Required in a VAWA Case

VAWA immigration law is complicated and demands significant attention to detail. Submitting all possible evidence under the guidance of an experienced VAWA attorney is key to strengthening your case and preparing it for success. The supporting documentation that you must preset consists of:

  • Personal written declaration about the abuse and details of the relationship with the abuser.
  • Police reports.
  • Medical records.
  • Witness declarations about the abuse or the relationship.
  • Relevant photographs supporting the declaration.
  • Completed Form I-360

Step-by-Step Guide to the VAWA Application Process

  • Step 1: Prepare and Submit Form I-360
  • Complete and submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) to USCIS.
  • Provide supporting evidence as outlined by your attorney.

  • Step 2: Wait for a decision from USCIS

  • USCIS will review your petition and may notify you if additional documentation is needed.
  • If approved, you may become eligible to apply for additional immigration benefits.
  • If denied, there may be options to appeal, depending on your case.

  • Step 3: Apply for a Work Permit (Optional)

  • If eligible, you may apply for a work permit while waiting for your adjustment of status.

  • Step 4: Apply for Permanent Residence (Adjustment of Status)

  • If a visa is immediately available, you may file Form I-485 (Application to Register Permanent Residence or Adjust Status)
  • In some cases, Forms I-360 and I-485 can be submitted together.

Other Forms of Relief: U Visa and T Visas

If you do not qualify for VAWA, or if your petition is denied, there are other potential options to fix papers. Humanitarian cases like the T Visa and the U Visa enable victims of human trafficking and other crimes to adjust their status and receive immigration benefits like the Work Permit, Social Security, and even the residency.

  • U Visa

If you were a victim of certain crimes within the United States, such as assault, theft, or extortion, among others, and there is a police report about what happened, you could qualify for the U Visa. This case has a very strong waiver for negative things on the record like illegal entries, prior deportations, and even certain felonies. Similarly to the VAWA case, you don’t need a family member to petition for you, and your written declaration along with a police report could be sufficient evidence to submit a case to USCIS.

  • T Visa
Many people come to the United States searching for better opportunities, but unfortunately, they often face conditions of mistreatment at work and at home, and even during their journey to this country. The T Visa provides a pathway to legal status for victims of mistreatment at work, at home, and by a coyote. Victims of mistreatment at the workplace could qualify based on pay-related issues, such as lack of fair payment, while victims of coyote mistreatment could apply if they were subjected to forced labor under threats and intimidation. For the T Visa, it does not matter if the mistreatment happened several years ago or if the petitioner believes they don’t have any evidence.

The Importance of Legal Assistance

Submitting a VAWA petition can be complicated, stressful, and emotionally challenging for the petitioner. The best way to prepare a case for success is to enlist the support of an experienced VAWA immigration attorney who ensures that the petition is filed correctly, with the evidence and forms aligned with USCIS standards. Above all, a trusted VAWA attorney will defend the client’s rights during the entire process and will guide them through the U.S. immigration system.

Need a VAWA Immigration Attorney Near You?

At the Lisinski Law Firm, we have a proven track record winning VAWA cases for many people who had lost all hope of fixing papers. Our legal team dedicated to difficult cases actively looks for all potential options to obtain documents 100% within the United States — that is why we are proud to have so many success stories and lives changed by our work.

We fight to keep families together, and we have succeeded in doing so on many occasions through the VAWA case. With multiple office locations nationwide and channels of virtual immigration support, we are ready to guide you towards legal status.

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Frequently Asked Questions About VAWA

The VAWA petition processing time varies depending on USCIS case volume, background checks, and whether the petition is complete. On average, it takes 12 to 24 months, though the timeline may be extended if USCIS issues a Request for Evidence (RFE). Rest assured that our legal team works to minimize delays submitting all documents correctly and on time.
Yes. USCIS may deny your VAWA petition if it finds insufficient evidence of abuse, a qualifying relationship, or good moral character. However, in many cases, it is possible to appeal or refile. While we prepare every case for success, we are also ready to fight for your rights if an appeal is necessary.
You may be eligible for a work permit (Form I-765) while your VAWA petition is pending if you also file Form I-485 (Application for Adjustment of Status) at the same time. This is called concurrent filing and is available in certain cases. 
Yes. Both men and women can apply for VAWA if they were victims of abuse by a U.S. citizen or lawful permanent resident spouse, ex-spouse, or adult child. Gender does not determine eligibility for immigration relief through VAWA. 

According to USCIS, VAWA petitions may be based on physical abuse or extreme cruelty, which can include domestic violence, severe threats or intimidation, financial control, isolation from family and community, emotional, sexual, or psychological abuse. A VAWA immigration attorney can help you identify which types of abuse support your case. 

No, a police report or medical records are not required, but they can strengthen your case. Our legal team can help you gather the right evidence to support your VAWA petition, including affidavits, witness statements, and personal declarations.
If you fear deportation and believe you’re eligible for VAWA, contact a trusted immigration attorney as soon as possible. Starting a VAWA case could potentially help protect you. Having proof of a pending case (such as USCIS receipts) reduces the risk of detention or removal.
Yes. You do not need to be currently living with the abuser, but you must show that you lived together at some point during the qualifying relationship. 
In some cases, yes. An approved VAWA petition may help you stop deportation proceedings. Once you receive benefits such as a work permit or lawful permanent residence through VAWA, you are protected from removal. Each case is different, so it’s best to consult with an experienced VAWA attorney like attorney Angel Lisinski to evaluate your options.
Yes. If your VAWA petition is approved and you are eligible, you can apply for a Green Card (permanent residence) using Form I-485. In many cases, you can submit Form I-360 and Form I-485 together through concurrent filing. 

Our team is here for you!

If you have additional questions about VAWA and want to know more about the application process, interviews, or if you’re ready to start an immigration case and change your life with documents, book an appointment today!
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Why choose us?

We value our clients more than anything and are committed to making sure you understand every step of the process. We are committed to replying to all your phone calls, emails, and text messages within 24 business hours. Our goal is to maintain clear and consistent communication during the entire process. With you at the heart of everything we do, we go above and beyond to ensure you feel supported, valued, and confident that your case is in the best hands.
You need an attorney who will work with you to find the best possible path towards legal status, even in the toughest of cases. Our dedication to consider every single avenue for relief has resulted not only in proven high-success rates for our clients, but also in dreams fulfilled and lives changed.

For immigration representation, we can serve anyone throughout the United States as a matter of Federal law. In fact, many of our clients are in other states, so we have plenty of experience working closely with clients from long distances. We are available day and night to meet with clients by phone or other virtual means, no matter where you may be located. We welcome all our clients to visit our offices across the United States, if they want to, but they will never have to do so in order to start an immigration case.

You won’t spend time being frustrated talking to automated recordings. Instead, you will have real support from our legal team, available during the following times:
  • Hours of In-Person Operation:Monday – Friday, 9 a.m. – 5 p.m.
  • Extended Support Hours: 24/7 legal team at your service.

Client-Centered

We value our clients more than anything and are committed to making sure you understand every step of the process. We are committed to replying to all your phone calls, emails, and text messages within 24 business hours. Our goal is to maintain clear and consistent communication during the entire process. With you at the heart of everything we do, we go above and beyond to ensure you feel supported, valued, and confident that your case is in the best hands.

High Success Rates

You need an attorney who will work with you to find the best possible path towards legal status, even in the toughest of cases. Our dedication to consider every single avenue for relief has resulted not only in proven high-success rates for our clients, but also in dreams fulfilled and lives changed.

Nationwide Clients

For immigration representation, we can serve anyone throughout the United States as a matter of Federal law. In fact, many of our clients are in other states, so we have plenty of experience working closely with clients from long distances. We are available day and night to meet with clients by phone or other virtual means, no matter where you may be located. We welcome all our clients to visit our offices across the United States, if they want to, but they will never have to do so in order to start an immigration case.

Available & Reliable

You won’t spend time being frustrated talking to automated recordings. Instead, you will have real support from our legal team, available during the following times:
  • Hours of In-Person Operation: Monday – Friday, 9 a.m. – 5 p.m.
  • Extended Support Hours: 24/7 legal team at your service.

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