VAWA Requirements: Who Qualifies and What You Need to Apply

The Violence Against Women Act, known as VAWA, provides an important path to safety and immigration relief for people who have suffered abuse from certain U.S. citizens or permanent resident family members. Many individuals feel trapped in unsafe situations because their abuser controls the immigration process or threatens to use their status against them. VAWA allows survivors to apply for protection on their own, without the abuser’s knowledge or involvement.

If you experienced physical, emotional, or psychological harm within a qualifying relationship, you may be eligible to apply for VAWA benefits. This guide explains who qualifies, what you need to submit, and how the process works so you can understand your options and take steps toward safety and stability.

What Is VAWA and How Does It Help?

VAWA allows certain survivors to apply for lawful permanent residence (a green card) through a process called “self-petitioning.” This means you can file your application without support from the family member who harmed you. The goal is to give survivors a way to pursue immigration relief safely.

If approved, a VAWA self-petitioner may receive:

• Protection from removal
  
• Work authorization
  
• Eligibility to apply for a green card
  
• Access to certain public benefits that support survivors
  

VAWA is available to survivors of all genders. It is designed to protect individuals who have suffered abuse from a spouse, parent, or child who is a U.S. citizen or permanent resident.

For more information on related protections, you can review our page on U Visas and VAWA.

Who Qualifies Under VAWA?

To qualify for VAWA, you must show that you have a qualifying relationship with an abusive relative who is a U.S. citizen or lawful permanent resident. You must also show that you suffered abuse and that you meet certain other requirements.

You may qualify if you are:

A spouse or former spouse of a U.S. citizen or permanent resident

You may be eligible if:

• You are married to an abusive U.S. citizen or permanent resident
  
• Your marriage ended because of abuse or other factors, and you apply within two years of the divorce
  
• You entered the marriage in good faith and not for immigration purposes
  

A child of an abusive U.S. citizen or permanent resident

You may qualify if:

• You are under 21
  
• You suffered abuse from a parent who is a U.S. citizen or permanent resident
  
• You can apply even after turning 21 if the abuse happened before age 21 and you file before age 25 due to delays caused by the trauma
  

A parent of an abusive U.S. citizen

You may qualify if:

• Your son or daughter is a U.S. citizen who is at least 21
  
• You experienced abuse or extreme cruelty from that child

What Counts as Abuse Under VAWA?

VAWA recognizes many types of harm. Abuse is not limited to physical violence. You may qualify if you experienced:

• Physical abuse
  
• Threats or intimidation
  
• Emotional or psychological harm
  
• Verbal harassment
  
• Isolation from friends, family, or finances
  
• Control over work, money, food, or movement
  
• Threats related to immigration status
  

If your relative used your immigration status to control, manipulate, or frighten you, this often qualifies as extreme cruelty under VAWA.

Evidence You Need for a VAWA Application

VAWA cases are private and filed without the abuser’s involvement. USCIS will not inform the abusive relative of your application. However, you must still provide evidence that shows you qualify.

Common documents include:

Proof of your relationship

Examples include:

• Marriage certificate
  
• Birth certificate
  
• Divorce decree
  
• Proof of termination of the abuser’s prior marriages
  

Proof that the abuser is a U.S. citizen or permanent resident

This may include:

• Copy of a U.S. passport
  
• Birth certificate
  
• Green card
  
• Naturalization certificate
  

Proof of good faith marriage (for spouses)

You can show this through:

• Joint leases
  
• Shared bank accounts
  
• Photos together
  
• Bills or tax returns with both names
  

Proof of abuse or extreme cruelty

You may include:

• Police reports
  
• Medical records
  
• Protection orders
  
• Letters from counselors, therapists, teachers, religious leaders, or family
  
• Personal statements describing what happened
  

Proof of residence with the abuser

Examples include:

• Leases
  
• Mail addressed to the same home
  
• School or medical documents
  

Proof of good moral character

This often includes:

• Background checks
  
• Police clearance letters
  
• Evidence of community involvement

How the VAWA Application Process Works

VAWA is filed using Form I-360. If approved, you may later apply for a green card through Form I-485. Some people are eligible to file both forms at the same time, depending on their situation and immigration category.

The basic process includes these steps:

1. Prepare evidence and supporting documentation
   
2. Submit Form I-360 with your written personal statement
   
3. Wait for a Prima Facie Determination. This temporary approval may allow access to certain benefits for survivors.
   
4. Receive a final decision on the I-360.
   
5. If eligible, file Form I-485 to apply for a green card
   

If USCIS questions your eligibility or requests more evidence, you will receive a Request for Evidence. Responding carefully is important. If you face complications or fear that returning to your home country may put you at risk, you can learn more about legal protections through our Asylum page.

What Happens After Your VAWA Self-Petition Is Approved

If your I-360 is approved, you may move forward with the green card process when eligible. Approval does not automatically grant permanent residence, but it is an essential step toward safety and stability.

You may also receive:

• A work permit
  
• Protection from removal
  
• Access to certain survivor benefits
  
• The ability to petition for certain children
  

If you are placed into immigration court during or after the process, you can find helpful information about court defense on our page for Deportation Defense.

Frequently Asked Questions

Can I apply for VAWA without the abuser knowing?
Yes. The process is confidential. USCIS will not contact the abuser.

Do I need a police report to qualify?
No. You can use many types of evidence, including personal statements and letters from professionals.

Can men apply for VAWA?
Yes. VAWA is open to survivors of all genders.

What if I am divorced from the abuser?
You may still qualify if the divorce happened within the past two years and the abuse was a contributing factor.

What if the abuser lost immigration status?
You may still qualify if they were a citizen or permanent resident within the past two years.

Contact Vanderwall Immigration for Help With a VAWA Application

If you believe you may qualify for VAWA, you do not have to handle the process alone. We can guide you through every step, help you gather evidence, and support you as you move toward safety and permanent residence. Schedule an appointment today.