Can I Apply for a Green Card As the Victim of Domestic Violence?
How VAWA Protects Immigrant Survivors of Abuse
What is VAWA?
The Violence Against Women Act (VAWA) allows certain immigrants who have suffered abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for a green card without the abuser’s knowledge or consent. This protection is designed so victims can leave dangerous situations without fear of losing immigration status.
Benefits of VAWA
You can apply for lawful permanent residence without the abuser’s involvement.
You can obtain a work permit while your case is pending.
You may be eligible for certain public benefits.
Eligibility Requirements
You may qualify if you:
Are the spouse, child, or parent of a U.S. citizen or lawful permanent resident.
Suffered battery or extreme cruelty.
Lived with the abuser at some point.
Have good moral character.
Provide evidence of the relationship and abuse.
Required Evidence
Proof of relationship (marriage certificate, birth certificate, etc.)
Proof of abuser’s immigration status.
Police reports, restraining orders, or medical records.
Personal declaration describing the abuse.
Letters from friends, family, or counselors.
The Process
File Form I-360 with evidence.
Apply for work permit (Form I-765) if eligible.
Apply for a green card if a visa is available (Form I-485).
Limitations and Risks
USCIS carefully reviews credibility; false claims can lead to denial.
Processing times are long; work permits help while waiting.
Policy Update – 2025
⚠️ Policy Update:
Under the current administration, there is discussion of increasing the level of evidence required for VAWA petitions and adding stricter definitions of “extreme cruelty.” If implemented, applicants may need more detailed proof from third parties, such as medical professionals or law enforcement. Unlike in the past, interviews focused on the abuse suffered are also being scheduled by USCIS to determine that there is no fraud involved.
Why Contact Us
📞 Call J. Molina Immigration Law LLC at 860-474-3705 to protect your future. Attorney Velez-Molina has extensive experience helping survivors of abuse file strong, confidential VAWA applications, ensuring your rights are protected every step of the way.