Relief for Abused Spouses Under VAWA

If you are or were married to a U.S. citizen or permanent resident and your spouse physically or mentally abused you, you may be able to obtain your lawful permanent residence in the U.S. even without the petition of your spouse. VAWA is the answer for thousands of victims of abuse.

VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions to protect victims of abuse who are not citizens of the United States. In many cases, VAWA allows certain victims of abuse who are not citizens to obtain lawful status without having to rely on their abuser to petition.

Normally, if you are a spouse, child, or parent of a U.S. Citizen (USC) or a spouse or child of a Legal Permanent Resident (LPR) and you want to obtain Lawful Permanent Resident status (commonly referred to as having a “green card”), the USC or LPR has to file a petition with the U.S. Citizenship and Immigration Service (USCIS). VAWA does away with the requirement of a spouse petition.

Also, if your marriage is less than two years old when you obtain your LPR status, you would normally get what is called “conditional permanent residence,” (commonly known as a “conditional green card”). Your spouse would then normally need to file a joint petition with you to remove the “condition” so that you can obtain full lawful permanent residence before the second anniversary of your permanent residence.

However, under VAWA, certain noncitizen victims of abuse can get legal status on their own without involving the abuser.

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How to qualify:

Abused spouses may file a self-petition under VAWA. A self-petition is a way to apply for lawful status in the U.S. on your own by submitting an application to the USCIS requesting lawful status on your own. The following persons can self petition under VAWA:

• Abused spouses of a USC or LPR, and the abused spouse’s children if they are under 21 years old and unmarried (the children would be included in the spouse’s application as “derivative beneficiaries“);
• Non-abused spouses of a USC or LPR, if the USC or LPR spouse has abused your unmarried and under 21 child. The non-abused spouse’s children who are under 21 years old and unmarried may also be eligible (the children would be included in the spouse’s application as derivative beneficiaries);
• Abused children (under 21 years old and unmarried) of a USC or LPR, and their children (under 21 years old and unmarried) as derivative beneficiaries; and
• Abused parents of a USC (not LPR) son or daughter (USC son/daughter must be over 21 years old).

In addition to meeting the abusive relationship requirement, you must meet the following, if the petition is based on marriage to a USC or LPR:

• Be married to a USC/LPR (including common-law marriage);
• Your USC spouse (not LPR) died within the past 2 years;
• Your USC/LPR spouse lost his/her citizenship or residency within the past two years related to an incident of domestic violence;
• You believed that you married a USC/LPR and a marriage ceremony was performed but you later found out that your marriage was not valid because your spouse was committing bigamy (s/he was already married when s/he “married” you); or
• You were divorced from your USC/LPR spouse within the past two years.

In addition, you must demonstrate the following:

• The marriage was a good faith marriage;
• During your marriage, your USC/LPR spouse battered (physically abused) you or your child or subjected you or your child to "extreme cruelty". This may include mental abuse, name calling, threats, or humiliation;
• You lived with the abuser at some point; and
• You are a person of "good moral character".