VAWA Immigration

Self-Petition for Abuse Survivors

If you are being abused by a U.S. citizen or lawful permanent resident, you may have options to protect yourself — and your immigration status — without your abuser ever knowing. The Violence Against Women Act (VAWA) allows certain survivors of domestic violence, sexual assault, and other forms of abuse to apply for immigration relief on their own. You do not need your abuser's permission, signature, or cooperation. Attorney Jenny Moore helps survivors through this process with complete confidentiality and compassion.

What Is a VAWA Self-Petition?

A VAWA self-petition is an application that allows eligible abuse survivors to independently petition for lawful immigration status in the United States. Unlike most family-based immigration applications, a VAWA self-petition does not require the abusive family member to sponsor you or participate in any way.

Once you file, U.S. Citizenship and Immigration Services (USCIS) is legally prohibited from disclosing your case to your abuser or anyone connected to them.

Who Is Eligible to File a VAWA Self-Petition?

You may qualify if you are — or were — in one of the following relationships with a U.S. citizen or lawful permanent resident who abused you:

  • Spouse or former spouse — You were married to or are currently married to the abusive person

  • Child — You are the child of an abusive U.S. citizen or lawful permanent resident

  • Parent — You are the parent of an abusive U.S. citizen who is 21 years of age or older

VAWA protections apply regardless of gender. Men, women, and nonbinary individuals may all qualify.

What Type of Abuse Qualifies?

VAWA covers a broad range of abusive conduct. You do not need to have suffered physical violence to qualify. Abuse may include:

  • Physical violence or threats of harm

  • Emotional and psychological abuse

  • Sexual abuse or assault

  • Financial abuse or economic control

  • Isolation from family, friends, or support systems

  • Threats to call immigration authorities or have you deported

  • Extreme cruelty, manipulation, or coercive control

If you are unsure whether your situation qualifies, speaking with an attorney is the safest next step. Many survivors are surprised to learn they are eligible.

What Can a VAWA Self-Petition Lead To?

  • Lawful permanent residence (green card) — An independent path to a green card that does not depend on your abuser

  • Work authorization — The ability to work legally in the United States

  • Deferred Action — Protection from removal while your case is pending, in certain circumstances

  • Access to federal benefits — Including certain public assistance programs available to VAWA self-petitioners

  • A life free from immigration control — Ending your abuser's ability to use your status against you

Your Privacy Is Protected by Federal Law

One of the most important features of VAWA is its confidentiality protections. Federal law strictly prohibits USCIS and other government agencies from:

  • Disclosing that you filed a VAWA petition

  • Sharing your address or location with your abuser

  • Using information from your petition against you in immigration proceedings

You can file without your abuser ever finding out. You do not need a police report, a criminal conviction, or a restraining order to apply.

How the VAWA Self-Petition Process Works

1. Eligibility Review: Attorney Jenny Moore reviews your relationship to the abuser, your immigration history, and the nature of the abuse to determine whether you qualify.

2. Evidence Gathering: You will need to document the abusive relationship and your good moral character. Evidence may include personal statements, photographs, medical records, witness letters, police reports (if available), and other supporting materials.

3. Filing with USCIS: Your petition is submitted confidentially to a USCIS Vermont Service Center that specializes in VAWA cases. Processing times vary.

4. Approval and Next Steps: If approved, you will receive a notice placing you on a waiting list for a visa (if applicable) or allowing you to move forward with your green card application. Attorney Jenny Moore will guide you through every stage.

Frequently Asked Questions

Do I need a police report to apply for VAWA? No. A police report is not required. USCIS understands that many survivors cannot or choose not to involve law enforcement, and this does not disqualify you.

Can my abuser find out I filed? No. Federal law prohibits USCIS from notifying your abuser or sharing any information about your petition.

What if I am already in removal proceedings? You may still be able to file a VAWA self-petition. Attorney Jenny Moore can help you understand how a pending immigration case affects your options.

Does VAWA only apply to women? No. Despite its name, VAWA protects survivors of all genders, including men and nonbinary individuals.

What if my marriage was not valid or has been annulled? You may still qualify in certain circumstances. Eligibility depends on the specific facts of your case.

How long does the VAWA process take? Processing times vary. Attorney Jenny Moore can give you a current estimate and explain what to expect at each stage.

Take the First Step Toward Safety

Contact Cameron Moore Law today for a consultation. You do not have to navigate this alone. Attorney Jenny Moore offers personalized, confidential legal counsel to survivors throughout Massachusetts and beyond.