How To File For VAWA: A Safe Path To A Green Card
11 May 2025By Alena Shautsova, New York Immigration Lawyer
Every year, countless immigrants in the United States face abuse at the hands of U.S. citizens or lawful permanent resident family members. Fear of deportation or being separated from their children often keeps them silent. But there is hope: the Violence Against Women Act (VAWA) provides a powerful legal remedy that protects survivors and puts them on a path to lawful permanent residence.
As a New York Immigration Lawyer, I have helped many immigrants file successful self-petitions under VAWA. In this guide, I’ll explain who qualifies, how to file, what documents are needed, and how VAWA leads to a green card. Whether you're seeking help for yourself or someone you care about, you are not alone—and you have rights.
What Is VAWA and Who Qualifies?
The Violence Against Women Act (VAWA) is a federal law that allows abused immigrant spouses, children, and parents of U.S. citizens or lawful permanent residents (green card holders) to apply for immigration relief without the abuser’s knowledge or help.
Despite the name, VAWA is gender-neutral—both men and women can apply.
Eligible applicants include:
- Spouses (or ex-spouses) of U.S. citizens or green card holders
- Children (unmarried and under 21) of abusive U.S. citizens or green card holders
- Parents of abusive U.S. citizen sons or daughters (age 21+)
VAWA allows you to file a self-petition (Form I-360) and apply for a green card independently—no sponsor is required.
What Kind of Abuse Qualifies for VAWA?
You do not need to show physical abuse alone. Immigration law recognizes many forms of abuse:
- Verbal insults and threats
- Psychological or emotional abuse
- Controlling behavior or isolation
- Financial manipulation or dependency
- Immigration-related threats (“I’ll have you deported”)
- Sexual abuse
- Physical violence
Many of our VAWA clients come to us after years of being silenced, isolated, or manipulated, not realizing their experiences qualify them for protection.
How to File for VAWA: The Step-by-Step Process
1. File Form I-360 (Self-Petition)
This form is the foundation of your VAWA case. You do not need to notify your abuser. Include:
- Basic biographical information
- Relationship details (marriage certificate, birth certificates, etc.)
- Statement of abuse
- Proof of good moral character
Your VAWA immigration lawyer will help you gather and submit this information confidentially.
2. Gather Supporting Evidence
VAWA cases rely heavily on documented proof. Here is a helpful VAWA evidence checklist:
- Police reports or restraining orders (if available)
- Photos of injuries or damage
- Hospital or medical records
- Text messages, emails, or threatening voicemails
- School or child protective service reports
- Sworn statements from friends, relatives, clergy, counselors
- Evidence of living together (joint leases, bills, mail, etc.)
- Evidence of good moral character (letters from clergy, school, or employer)
- Your detailed personal declaration (written testimony)
We help clients draft a compelling declaration that tells the full story—often the most important document in the case.
3. File for Adjustment of Status (Form I-485)
If your I-360 is approved and a visa is available (immediately for spouses of U.S. citizens), you may be eligible to file for a green card inside the U.S. This step includes:
- Form I-485 (Adjustment of Status)
- Form I-765 (Work Authorization)
- Form I-131 (Travel Document)
- Biometrics appointment
- Interview (in many but not all cases)
If your spouse is a U.S. citizen, you may file I-360 and I-485 together (concurrent filing). This allows you to receive a work permit within months.
VAWA and Immigration Court
If you are in removal proceedings, you can still file for VAWA. Once I-360 is approved, your attorney can ask the immigration judge to terminate your case or allow you to apply for a green card in court.
As a USA Immigration Lawyer handling many court-based VAWA cases, I work with clients under deportation threats to secure lawful status and bring peace to their lives.
Real Case Success Example
A recent client from Eastern Europe came to our office after suffering emotional abuse and threats of deportation by her U.S. citizen husband. She had no criminal record, no financial independence, and was terrified. With our help:
- We prepared a detailed I-360 packet including letters from neighbors, photos, and mental health reports
- Filed the I-485 concurrently
- Secured her work permit within 6 months
- Green card granted without an interview
Today, she works full-time and has begun the process of sponsoring her child.
Common VAWA Mistakes to Avoid
Even qualified applicants can be denied if they do not understand the legal process. Avoid these common issues:
- Filing the wrong forms or outdated versions
- Failing to provide a detailed declaration or evidence
- Inconsistencies between documents and testimony
- Delaying too long after divorce (you must file within 2 years of divorce)
- Relying on “do-it-yourself” kits without legal guidance
Tip: Always consult a qualified VAWA immigration lawyer before submitting anything.
Frequently Asked Questions About VAWA
Q: Can I apply for VAWA if I’m divorced or separated?
Yes. You can apply up to 2 years after a divorce, as long as the marriage ended due to abuse and you have not remarried.
Q: Will my abuser find out?
No. USCIS keeps VAWA cases 100% confidential. The abuser is never contacted or notified.
Q: What if I entered the U.S. without a visa?
Several requirements for general family-based adjustment of status do not apply to those who are adjusting based on VAWA. The following adjustment requirements do not apply to VAWA self-petitioners:
- Threshold requirement that an adjustment applicant under INA § 245(a) have been inspected and admitted or paroled (VAWA applicants may adjust without needing INA § 245(i))
- Bars to adjustment under INA § 245(c), which prevent others from adjusting for example if they have ever worked without authorization or failed to continuously maintain lawful status; and
- The affidavit of support requirement for other family-based adjustment applicants (instead, VAWA adjustment applicants submit Form I-864W to show they are exempt from the affidavit of support requirement).
Q: What if I have a criminal record?
VAWA requires “good moral character,” but some minor or expunged offenses may be excused. It’s crucial to speak with an experienced attorney.
Recent VAWA Legal Developments (2024–2025)
USCIS continues to expand protections and streamline the processing of VAWA applications. Key updates include:
- Heightened scrutiny, including possible USCIS interviews
- Continued work authorization eligibility during the process
- Enhanced sensitivity training for USCIS officers handling domestic violence and trauma survivors
These changes make now a better time than ever to apply.
Why Work With the Law Office of Alena Shautsova?
As one of the best immigration lawyers in New York, I’ve represented hundreds of VAWA applicants—from Russian and Ukrainian spouses to Caribbean, African, and Latin American survivors. We offer:
- Trauma-informed, confidential legal support
- Personalized declaration assistance
- Thorough preparation of evidence and filings
- Removal defense if needed
- Green card application support from start to finish
You deserve safety, freedom, and legal stability—and our office is here to help you get there.
Book Your Confidential Consultation Today
Your story matters. Don’t wait. Let us help you begin a new chapter—free from fear and full of opportunity.
Call 917-885-2261 or visit www.shautsova.com to schedule your private VAWA consultation.