What Is a VAWA Green Card?

Written By: Matthew W. Peterson

Published: 12/09/2019

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You can receive a VAWA Green Card if you can show abuse by a US citizen or LPR family member.

In the Violence Against Women Act (VAWA), Congress allowed certain people who have been victims of abuse to self-petition for immigration benefits and avoid removal. This means you do not have to rely on your abusive spouse or family member for your immigration status – you can petition for yourself.

If you believe you qualify for a green card pursuant to VAWA, you should contact an Boston immigration lawyer to help with your petition. It’s a complicated process that requires many documents. It’s very difficult to do it on your own.

You can also receive a VAWA green card through adjustment of status.

The following guide is meant for informational purposes only. You should not rely on it as a complete guide to VAWA green card applicants.

Who Can Qualify for VAWA?

You must have been “battered or subject to extreme cruelty” to qualify for VAWA. VAWA applies if you are subject to abuse from any of the following people:

A spouse or former spouse who is a citizen or LPR (green card holder)
A parent who is a citizen or LPR
A child who is a citizen

In addition to these requirements, you must also show:

The marriage was bona fide (if immigration based on marriage)
You live in the United States or were abused in the United States
You lived with the abuser
You’re of good moral character

There are exceptions to these requirements. You should consult with a qualified immigration lawyer to assess whether you qualify for VAWA.

If you have been abused, your children can qualify for VAWA status, even if they themselves were not abused. This is called a derivative beneficiary.

Can I Get a Divorce and Still Qualify for VAWA?

You do NOT have to stay married to your abusive spouse to qualify for VAWA. If you divorced your spouse within the last two years and that divorce was connected to the abuse, you can still qualify for a VAWA green card. You can also still qualify if your spouse died within the last two years.

What Documents Do I Need to Prove for a VAWA Claim?

The most important document is a detailed statement from you, but other documents can help. These documents can include police reports, medical records, pictures, and statements from other people who know about your situation.

What if I'm Already in Removal Proceedings?

If you’re in removal proceedings, you can still qualify for VAWA cancellation of removal. This has requirements similar to those of a VAWA self-petitioner.

Your Boston Immigration and Deportation Attorney

If you believe you qualify for a VAWA green card, it’s critical to contact an immigration attorney to help prepare your case. The process can be difficult and complex.

The Law Office of Matthew Peterson handles immigration cases, including VAWA petitions, all over Massachusetts. Contact us at (617) 295-7500 or visit our office in Boston, Mass, and let’s get started.

Frequently Asked Questions

What is the process to apply for a VAWA green card?

To apply for a VAWA green card, you must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, demonstrating that you have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident (LPR) family member. If approved, you can then file Form I-485 to adjust your status to lawful permanent resident.

Can I apply for VAWA if I am not a woman?

Yes, VAWA applies to all individuals regardless of gender. Men can also self-petition for a green card under VAWA if they have experienced abuse from a U.S. citizen or LPR family member.

What types of abuse qualify for VAWA protection?

To qualify for VAWA protection, you must demonstrate that you have been “battered or subject to extreme cruelty.” This can include physical, emotional, or psychological abuse from a spouse, parent, or child who is a U.S. citizen or LPR.

Do I need to remain married to my abuser to qualify for VAWA?

No, you do not need to stay married to qualify for VAWA. If you divorced your abusive spouse within the last two years and the divorce was related to the abuse, you can still apply for a VAWA green card.

What documentation is required for a VAWA application?

Essential documents include a detailed personal statement describing the abuse, police reports, medical records, photographs of injuries, and any other evidence that supports your claim of abuse. You will also need proof of your relationship with the abuser and evidence that you lived with them.