Immigrants & Immigration

Abusers of undocumented immigrants often exploit the victims' immigration status. This can make the victim afraid to get help or report abuse to law enforcement. The US government created VAWA in 1994 so abused family members have a way to legalize their immigration status without their abusers. VAWA protections are meant to enhance safety for victims and their children. 

VAWA created two special protections for certain abused family members of US citizens or lawful permanent residents (LPRs or green card holders). They include:

• The self-petitioning process, and 
• VAWA cancellation of removal.

VAWA cancellation of removal is a special remedy provided in immigration court. Learn more about VAWA cancellation. 

No. Despite the name of the law, VAWA is gender-neutral. It protects people of all genders, including children.

Normally, a US citizen or LPR must file immigration papers for their relatives. A VAWA self-petition lets people sponsor themselves. The self-petition is filed with the US Citizenship and Immigration Services (USCIS). The person filing a self-petition is called the “self-petitioner”. The abuser has no part in the application. The law requires the government to keep the process confidential to protect the victim's safety.

An approved VAWA self-petition can lead to LPR status (a green card). However, to get a green card under VAWA, the self-petitioner must still apply for a green card separately.

The main benefits include:

• Work authorization. Approved applicants get a work permit, allowing them to get a job legally and support themselves. This work permit can be renewed.
• Protection from deportation. If a VAWA self-petition is approved, USCIS may also give the petitioner “deferred action.” This means that the government will not deport the petitioner after the petition is approved. This protection lasts only for a certain amount of time.
• A path to a green card. The ultimate goal for many self-petitioners is obtaining a green card. A green card will allow them to live and work in the US permanently and safely.

An approved VAWA self-petition does not automatically grant any kind of lawful immigration status. To receive a lawful status, an approved VAWA self-petitioner must file a separate application to request a green card. They must file the Form I-485 Application to Register Permanent Residence or Adjust Status.

To qualify for a VAWA self-petition, an immigrant must prove they have a specific relationship with an abusive US citizen or LPR. A person can apply if they are:

• The spouse, intended spouse, or former spouse of an abusive US citizen or LPR, who either:
  • Suffered abuse themselves at the hand of their spouse, or
  • Their child suffered abuse by their US citizen or LPR spouse.
• A child under age 21 of an abusive US citizen or LPR parent, or
• A parent who was abused by their adult US citizen child. The adult child must be at least 21 years old.

Note: Parents of LPRs are not eligible for VAWA. Only abused parents of US citizen adult children are eligible.

If a child under 21 was abused by their US citizen or LPR parent, their other noncitizen parent may self-petition. This is the case even if the self-petitioner themselves was not abused. The abused child also does not have to be undocumented for the self-petitioning parent to qualify for VAWA.

An intended spouse is a self-petitioner who thought they legally married a person, but they didn’t know the abuser was already married to someone else. Because the abuser was already married, their marriage to the self-petitioner is not legally valid. Intended spouses are included in VAWA to protect people who thought they were legally married and abused.

A self-petitioner must prove four main things:

• Their relationship with the US citizen or LPR abuser,
• That they lived with the abuser at some point in time,
• That they suffered "battery or extreme cruelty" at the hands of the abuser, and
• That they have good moral character for the last three years before filing.

If qualifying for VAWA based on an abusive spouse, the self-petitioner must also show that the marriage was entered into for reasons other than immigration. This is called a “bona fide” marriage. In other words, the self-petitioner must prove their marriage wasn’t for immigration fraud.

Battery or extreme cruelty can include a lot of different behaviors. It could mean the abusive spouse physically hurt the self-petitioner. This includes if the self-petitioner has been physically restrained or prevented from leaving a place. It also includes non-physical forms of harm like:

• Verbal, emotional and mental abuse, 
• Extreme controlling behavior,
• Financial abuse, or
• Threats of deportation.

This is not a complete list of behaviors that could be considered "battery or extreme cruelty." An experienced attorney can help someone understand whether the abuse they suffered could qualify them for VAWA.

It depends. A self-petitioner must show they have been a person of good moral character for the last three years before filing. If they’ve been convicted of certain crimes during that period, they may not be able to establish good moral character.

A person has “good moral character” when they meet the standard of good person set by their community. Generally, this means the self-petitioner must show they do not have a serious criminal record. For VAWA, the self-petitioner must show they have good moral character for three years before filing. They must also maintain good moral character while the self-petition is pending. This means that they must not get into any trouble while the self-petition is pending.

There are things that can disqualify a person from showing good moral character temporarily. There are also things that permanently prevent someone from showing good moral character.

A person does not have good moral character if, during the three years before their self-petition is filed, they:

• Are drunk frequently,
• Have been convicted of two or more gambling offenses,
• Have two or more Driving Under the Influence (DUI) convictions,
• Gave false information to get immigration benefits,
• Do not pay their taxes on time,
• Do not pay child support or alimony,
• Were in prison for 180 days or more at any time,
• Break a law by having drugs (except 30g or less of cannabis),
  • Note: Even though cannabis use is legal in Illinois, it is still against federal law. Use of cannabis and convictions relating to cannabis can count against a person for good moral character.
• Engaged in prostitution,
• Smuggled a person to enter the US,
• Practiced polygamy,
• Engaged in an extramarital affair, or
• Committed a crime “involving moral turpitude.” This is an immigration term that means the crime was especially immoral, according to the government.

Generally, if the issue occurred more than three years ago, immigration will not count it too heavily. However, it’s important to keep in mind that they can consider it if they want to.

A person can never establish good moral character if they, at any time:

• Are convicted of murder,
• Are convicted of an aggravated felony on or after November 29, 1990, or
• Are involved in persecution, genocide, torture, or severe violations of religious freedom.

If a person has a criminal history, it is important to consult with an immigration lawyer. Having convictions in a person’s record can make it harder to show good moral character. The rules are complicated. 

In some cases, a criminal conviction may not “count” against good moral character. For example, juvenile convictions do not count for immigration purposes unless the child was charged as an adult. An immigration lawyer can help explain the rules and best present an individual’s history.

Yes, if they file within two years after the divorce and the divorce was connected to the abuse.

A person can file a VAWA self-petition for up to two years after the end of the marriage. The two years starts from the date the marriage was legally terminated. This can be found in the final divorce judgment issued by the judge. It’s called a “Judgment of dissolution of marriage” in Illinois.

The self-petitioner must also provide proof the divorce was connected to the abuse. They can do this by providing a copy of the divorce order that discusses the abuses. Some examples of what to submit are:

• A copy of the divorce order that discusses the abuse,
• An affidavit the self-petitioner wrote discussing the connection between the abuse and divorce, and 
• Affidavits from reliable third-parties as evidence of this connection.

Note: If a self-petitioner gets re-married to another person after their divorce to the abusive spouse, their VAWA self-petition will not be approved. A person whose VAWA self-petition has already been approved can remarry without affecting their VAWA status.

It depends on whether the abusive family member is a US citizen or LPR. It’s also different if a self-petitioner is a spouse, parent or child.

The abusive family member is a US citizen and dies before a self-petition is filed, the self-petitioner is still eligible to file up to two years after the abusive family member’s death. If the self-petition is already pending, 

If a self-petition has not been filed before the US citizen abusive family member died, then:

• A self-petitioning spouse can file for up to two years after their abusive, US citizen spouse dies.
• A self-petitioning parent can file for up to two years after their abusive, US citizen adult child dies.
• A self-petitioning child cannot file for VAWA at all if their abusive, US citizen parent dies.

If a self-petition has not been filed before an LPR abusive family member dies, the self-petitioning spouse or child is not eligible to file for VAWA.

There are different rules when a VAWA self-petition is pending, and the abusive family member dies. If an abusive US citizen dies while a VAWA self-petition is pending, the self-petitioner’s can continue the process. If the self-petition is approved, they can still also file for a green card.

If an abusive LPR dies while a VAWA self-petition is pending, then the petition is generally cancelled. This means the self-petitioner’s case closes. However, the self-petitioner may be able to keep their case open if they notify USCIS the LPR relative died, and can show two things:

• That they lived in the US when the LPR relative died, and
• That they continue to live in the US on the date the pending self-petition is approved.

Even if they are able to show these two things, the US government may still decide to close the case. They might close it if they think continuing the case isn’t in the public’s best interest.

No, self-petitioners do not need to have reported they suffered abuse to the police. No police report is required to apply. The government will look at other proof, like personal letters, photos, or statements from doctors, counselors, and friends. If there are police reports or court records available that show the US citizen or LPR relative was abusive toward the self-petitioner, including them could strengthen a person’s case.

No. The law prevents all USCIS and Department of Homeland Security (DHS) agencies from sharing information about a VAWA self-petitioner with anyone outside of USCIS or DHS. This means the government cannot contact the abuser about anything related to the VAWA self-petitioner. It also means that if the abuser contacts USCIS or DHS to ask if their family member is filing anything, they cannot say anything. This includes confirming or denying whether there is a case at all. If an employee of USCIS or DHS violates these confidentiality protections, they will be sanctioned by their employer and required to pay a civil fee of no more than $5,000.

A person must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. This form can be used for many different filings. A VAWA self-petition is just one way to use this form. The Form I-360 must be filed by mail. They must submit all supporting documents with their petition.

USCIS accepts “any credible evidence” to support a VAWA self-petition. This means that official documents like immigration or police records are not required. USCIS can consider written statements of the self-petitioner and other people familiar with the self-petitioner and their situation. As long as the statements or other evidence submitted is plausible, sufficiently detailed, and internally and externally consistent, USCIS should accept them. However, in reality, USCIS officers get to decide whether a person’s statement without official documents is enough. Therefore, it’s important to submit as many official documents as possible with a VAWA self-petition to help support a case.  

Read what documents can be used to prove eligibility for VAWA relief.

Learn how to file a VAWA self-petition.

After filing, the government will do a quick review to see if the case looks complete. If everything was filled out correctly, and it looks like someone might qualify for VAWA, they will mail a “Prima Facie Determination” notice. This is an initial approval that can help the self-petitioner get certain public benefits, like health or disability help, while they wait for a final decision. It also helps protect you from being deported while your case is being decided.

Certain relatives of US citizen abusers may be able to file for a green card at the same time as they file their self-petition. Spouses and unmarried children under the age of 21 of abusive US citizens, and parents of adult US citizens at least 21 years old can file for a green card at the same time they file their self-petition. They do this by filing the Form I-485, Application to Register Permanent Residence or Adjust Status along with their Form I-360.

All other self-petitioners can only file for a green card once a visa is available to them. This means that once their self-petition is approved, then they must wait until the “Priority date” on their receipt comes up on the Department of State Visa Bulletin website for their category. This is updated every month. Once the Priority Date becomes current, then they may file a Form I-485 with USCIS to get a green card. This process can take many months or even years.

USCIS can require a petitioner or applicant for any immigration benefit to be interviewed. A self-petitioner is very likely to be interviewed when they file a Form I-485 to get a green card. This is true whether the Form I-485 is filed at the same time as the Form I-360 or after the Form I-360 is approved.

If USCIS wants to interview someone, they will receive an interview notice with the date, time, and place of the interview. For Illinois residents, the interview will generally take place at the USCIS Chicago field office.

Self-petitioners may be required to talk about difficult things during the interview. The officers will likely ask about many things relating to their relationship with their abuser. This can include:

• The nature of their qualifying relationship with the abuser,
• The history of the abuse,
• Information about their shared residence, and
• If the self-petition is marriage-based, whether the marriage was entered into in good-faith. This means the marriage was not done only for immigration purposes.

The officer will likely ask about the self-petitioner’s criminal history or other past acts, like whether they pay taxes. They ask this to determine whether the self-petitioner has good moral character.

Self-petitioners should be aware of any inconsistencies there might be in the written evidence they have submitted. They should prepare to explain why they might look inconsistent. It’s important to tell the truth and explain why things might be inconsistent. This is better than ignoring the potential problems or lying.

Since these interviews can be stressful, it is best to practice answering potentially difficult questions with someone trusted. Consult with a reputable immigration lawyer or Department of Justice (DOJ) accredited representative to get help preparing for a VAWA-related interview.

Yes. If someone’s family member already filed a petition, but they are being abused by that family member, they can still file a VAWA self-petition. They can also file a self-petition even if the abusive family member also filed a Form I-485 to get a green card.

To do this, the self-petitioner must reach out to the USCIS field office where their adjustment of status application is pending. They must request that the USCIS office pause the adjustment application so they can proceed with filing a VAWA self-petition. This is called holding an application “in abeyance.” This can be done by writing a letter and mailing it to the office where the application is pending. The request should have the self-petitioner's name, A number, any receipt numbers, and a request to hold the application in abeyance so they can file a self-petition. The self-petitioner must file a Form I-360 within 30 days of requesting the pause.