VAWA self-petition

The Violence Against Women Act (VAWA) allows victims of battery or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR) family member to self-petition for immigration relief without the abuser's knowledge or consent.

8 steps across 2 sections

1. Qualifying Relationships

  • Spouse or former spouse of a U.S. citizen or LPR who is abusive.
  • Child (unmarried, under 21) of a U.S. citizen or LPR who is abusive.
  • Parent of a U.S. citizen son or daughter (21+) who is abusive.

2. Requirements

  • Good faith marriage or qualifying relationship Must demonstrate the relationship was entered into in good faith, not solely for immigration purposes.
  • Battery or extreme cruelty Must have been subjected to battery or extreme cruelty during the relationship. This includes physical, emotional, psychological, sexual, or economic abuse.
  • Good moral character Must demonstrate good moral character.
  • Residency Must have resided with the abusive family member in the United States at some point.
  • No police report required You do not need a police report or criminal conviction against the abuser.

Common Mistakes

  • Believing a police report is required
  • Not including sufficient evidence of abuse
  • Contacting the abuser or allowing them to find out
  • Not filing due to fear
  • Waiting until the qualifying relationship ends

Pro Tips

  • Confidentiality is paramount
  • Any credible evidence works
  • Prima facie benefits
  • Self-petition means independence
  • Free legal services are widely available

Sources

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