Violence Against Women's Act (VAWA)

VAWA: Protecting Immigrant Survivors of Abuse

The Violence Against Women Act (VAWA) provides a pathway for survivors of domestic abuse to secure immigration benefits, including a green card. Abuse may take various forms, including physical, financial, emotional, mental, or sexual. VAWA ensures protection and independence for survivors, regardless of their gender.

Who Can Apply for VAWA?

You may be eligible for VAWA if:

• You are a non-U.S. citizen married to an abusive U.S. citizen or green card holder, with a bona fide marriage.

• You are an individual abused by your U.S. citizen parent or U.S. citizen adult child (including step-relationships).

• You are not otherwise ineligible for immigration benefits.

• You were married to an abuser, even if the marriage ended in divorce.

VAWA Benefits

VAWA applicants may also be eligible for the following:

• Work Authorization: Based on your green card application.

• Advance Parole: Allows travel outside the U.S. while your petition is pending.

• VAWA Cancellation of Removal: A form of relief available for eligible individuals in removal proceedings.

VAWA Cancellation of Removal

This relief allows certain survivors of abuse to apply for permanent residency while in removal proceedings. Major requirements include:

• Proof of battering or extreme cruelty by a U.S. citizen or green card holder spouse, former spouse, or parent.

• Continuous residence in the U.S. for at least three years.

• Evidence of Good Moral Character and no disqualifying factors.

• Demonstrating that removal would cause extreme hardship to you or your family.

• Proving that you merit relief as a matter of discretion.

VAWA self-petitions and VAWA Cancellation of Removal differ in their procedures, benefits, and challenges. Consulting an immigration attorney is critical to determine the best approach for your situation.

Battered Spouse Waiver for Conditional Residents

If you are a conditional resident (with a two-year green card), you can file to remove the conditions on your residency independently if your petitioner has been abusive. This battered spouse waiver allows you to apply for a 10-year green card by demonstrating that you experienced battery or extreme cruelty during your marriage to a U.S. citizen or green card holder.

Additional Options for Survivors

• U Visas: If you are not married to your abuser, or if your abuser is not a U.S. citizen or green card holder, you may qualify for a U Visa. Visit our U Visa page for more information.

• T Visas: Survivors of human trafficking (sex or labor trafficking) may qualify for a T Visa.