What Is VAWA and Who Does It Protect?
The Violence Against Women Act (VAWA) is one of the most important protections in U.S. immigration law. It was designed to give immigrant victims of abuse — regardless of gender — a safe and independent way to obtain legal status without relying on their abuser.
Under VAWA, certain spouses, children, and parents of abusive U.S. citizens or lawful permanent residents (green card holders) can self-petition for a green card confidentially, without the abuser’s knowledge or consent.
At Khashmati Law, P.C., our experienced immigration attorneys have helped countless survivors rebuild their lives through VAWA petitions, giving them the freedom to live without fear or control.
Who Is Eligible to File a VAWA Self-Petition?
To qualify for VAWA protection, an applicant must meet one of the following relationship categories:
- Spouse of a U.S. citizen or lawful permanent resident who has been abusive
- Former spouse (if the marriage ended within the past 2 years) of an abusive U.S. citizen or green card holder
- Child (under 21, unmarried) abused by a U.S. citizen or lawful permanent resident parent
- Parent of a U.S. citizen (aged 21 or older) who has been abusive
What Type of Abuse Qualifies?
VAWA recognizes both physical and non-physical forms of abuse, including:
- Physical violence
- Sexual assault or coercion
- Verbal, psychological, or emotional abuse
- Financial control or isolation
- Immigration-related threats (e.g., “I’ll have you deported”)
- Intimidation, humiliation, or manipulation
The abuse does not have to be continuous or result in a police report. The law recognizes that many victims are afraid or unable to call the police — credible statements, witness affidavits, or therapy records can also support a case.
Key Requirements for a VAWA Petition
To be approved under VAWA, you must demonstrate:
- Qualifying Relationship
Proof of a valid marriage, parent, or child relationship to a U.S. citizen or lawful permanent resident. - Good Faith Marriage (for spouses)
You entered the marriage for love and family — not for immigration benefits. - Battery or Extreme Cruelty
You suffered abuse or extreme cruelty during the relationship. - Good Moral Character
You have not committed serious crimes or immigration fraud. - Residence Requirement
You lived with the abuser at some point in the United States or abroad.
The VAWA Application Process: Step by Step
The VAWA process is confidential — USCIS does not notify your abuser about your petition. Below is an overview of how it works:
1. Prepare and File Form I-360
The self-petition is filed using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with supporting evidence of abuse, relationship, and good moral character.
2. Gather Supporting Documents
Your attorney will help you collect evidence such as:
- Marriage certificate, birth certificates, proof of shared residence
- Photos, letters, or messages showing a real relationship
- Police reports, hospital or counseling records (if available)
- Personal affidavits and witness statements describing abuse
- Proof of the abuser’s immigration status (citizenship or green card copy)
3. Work Authorization & Deferred Action
If your petition is strong, USCIS may grant deferred action while your case is pending — allowing you to apply for work authorization (EAD card) and live safely in the U.S.
4. Apply for a Green Card
Once your I-360 is approved, you may apply for adjustment of status (Form I-485) to become a lawful permanent resident. Depending on your situation, this can be done concurrently or after approval.
5. Confidential Processing
All VAWA cases are handled with strict confidentiality. USCIS communicates only with the applicant or their attorney, never the abuser.
Benefits of a VAWA Self-Petition
- Protection from deportation
- Legal status and work authorization
- Eligibility for a green card (and eventually U.S. citizenship)
- Ability to include certain children as derivatives
- Freedom from dependence on an abusive sponsor
- Confidential case handling — your abuser is not notified
VAWA gives survivors the chance to live freely, work legally, and rebuild their lives without fear of retaliation or control.
Why Choose Khashmati Law, P.C. for Your VAWA Case
1. Deep Expertise in Humanitarian Immigration
With over 14 years of immigration experience, Attorney Inara Khashmati and her team have successfully represented clients in VAWA, U visa, and other victim-based immigration cases. We know how to present strong, well-documented petitions that protect survivors and secure results.
2. Trauma-Informed Legal Care
We approach every VAWA case with compassion, confidentiality, and respect. Our attorneys and staff understand the emotional challenges survivors face and handle each case with sensitivity.
3. Strong Advocacy and Strategy
From collecting evidence to drafting affidavits and preparing you for interviews, Khashmati Law, P.C. develops a personalized legal strategy designed to maximize your chance of success.
4. Serving the New York Community
With offices in Queens, Long Island, Westchester, and New York City, we proudly serve immigrant families throughout the New York metro area. Our multilingual team communicates in Spanish, Russian, Turkish, and Georgian, ensuring clients feel understood and supported.
Start Your New Chapter Today
If you’re living in fear or uncertainty because of an abusive relationship, you are not alone — and you have legal rights. The VAWA self-petition can give you safety, independence, and a path to permanent residency.
