Helping Survivors of Abuse Find Safety and Legal Status in the U.S.
At Khashmati Law, P.C., we believe no one should be forced to choose between staying in an abusive relationship and risking their immigration status. Under the Violence Against Women Act (VAWA), certain immigrants who have experienced abuse at the hands of a U.S. citizen or lawful permanent resident can apply for a green card without the knowledge or involvement of their abuser.
VAWA provides a confidential path to lawful permanent residence for victims of domestic violence, including both women and men, and extends protection to spouses, children, and parents.
What Is VAWA and Who Qualifies?
Passed by Congress in 1994, VAWA allows survivors of domestic abuse to self-petition for immigration relief. This process is available to:
- Spouses who were abused by a U.S. citizen or green card holder
- Children (under 21 and unmarried) who were abused by a U.S. citizen or green card holder parent
- Parents of abused children or parents who were abused by their U.S. citizen adult child
You do not need a police report to file. Abuse can take many forms, including:
- Physical violence
- Sexual abuse or coercion
- Verbal and emotional abuse
- Isolation, intimidation, and threats
- Economic abuse or threats to withhold immigration status or take away children
VAWA recognizes that many victims are afraid to report their abuser to law enforcement and does not require criminal charges or convictions.
Filing a VAWA Petition (Form I-360)
To begin the process, the applicant (self-petitioner) must submit Form I-360 to U.S. Citizenship and Immigration Services (USCIS), along with documentation showing:
- A qualifying relationship to the abuser (spouse, parent, or child)
- That the abuse occurred in the United States
- That the self-petitioner resided with the abuser
- For spouses: the marriage was entered into in good faith and abuse occurred during the marriage
- The self-petitioner is a person of good moral character
Supporting evidence may include personal declarations, affidavits, medical or psychological records, photos, communications, and testimony from friends or professionals.
Benefits and Protections Under VAWA
If your petition is approved:
- You may be granted deferred action, which means protection from deportation
- You become eligible for work authorization (EAD)
- You may qualify for certain public benefits
- If you are an immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21), you may immediately apply for a green card through adjustment of status
If you are the spouse or child of a lawful permanent resident, you may have to wait for a visa to become available under the family preference system—but you will still be protected and eligible to work in the meantime.
Adjustment of Status and Permanent Residency
Once your VAWA petition is approved, you may file for a green card through Form I-485, which includes:
- Fingerprinting and a criminal background check
- A medical exam
- A full review of any immigration or criminal history
Even if you have past immigration violations or criminal issues, you may still qualify—waivers are available in many cases, especially when past actions were connected to the abuse. We strongly recommend speaking with an experienced immigration attorney if you have any concerns about admissibility.
Relief in Removal Proceedings
If you are currently in deportation or removal proceedings, you may still be eligible for protection under VAWA cancellation of removal. This form of relief can stop your deportation and allow you to remain in the U.S. with work authorization and a pathway to permanent residency.
Compassionate Legal Help for Immigrant Survivors of Abuse
At Khashmati Law, P.C., we handle VAWA cases with the utmost care, confidentiality, and compassion. We understand the fear and uncertainty that comes with seeking protection—and we’re here to make sure you don’t face it alone.
If you or a loved one is experiencing abuse and needs immigration help, contact our immigration attorneys today to schedule a confidential consultation 516-717-4757. You deserve safety. You deserve stability. And you deserve to be heard.