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