The Violence Against Women Act (VAWA)

Your Rights and Path to Independence Through VAWA
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VAWA Attorneys In Kansas City, Missouri

What is VAWA?

The Violence Against Women Act (VAWA) provides a pathway to permanent residency for survivors of domestic violence. Although the name suggests it is only for female survivors, VAWA protects victims of all genders. VAWA allows survivors to self-petition independent of their abusive family member and does not require that survivors report the abuse to the police. VAWA also has special confidentiality rules to protect survivors. For example, USCIS is prohibited from sharing any information about the case with the abuser and cannot rely on information provided by the abuser.

Call Martinez Immigration Law LLC at 816-491-8105 to schedule a consultation with a lawyer today.

Eligibility for VAWA

  • Qualifying Relationship: Applicants must be either (1) the spouse or intended spouse of a permanent resident or U.S. citizen (2) the child of a permanent resident or U.S. citizen or (3) the parent of a U.S. citizen who is at least 21 years old. If divorced from an abusive spouse, an applicant can still qualify if they apply within two years of the divorce. However, there is no requirement that a survivor divorce or stop living with the abuser.
  • Abuse: Applicants must show they were subjected to battery or extreme cruelty by their permanent resident or U.S. citizen relative. Verbal, emotional, sexual, or financial abuse can qualify.
  • Shared Residence: Applicants must have resided with the abusive relative at any time in the past. Living with the abuser for even one day will satisfy this requirement.
    Good Moral Character: If the applicant has certain criminal records or immigration violations, they may not qualify for VAWA. An experienced attorney can assist in interpreting this standard and analyzing whether an applicant can meet the requirement.
  • Location: If the applicant is living outside of the United States when filing, they must show that either (1) the abuser is an employee of the U.S. government (2) the abuser is a member of the U.S. armed forces or (3) the applicant was abused in the United States.

The VAWA Application Process

  • Filling the Petition: Applicants must file form I-360 with USCIS. The applicant is the “self-petitioner.” This means that their relative does not need to participate. Applicants should submit evidence of the relationship, the abuse, and their good moral character. Evidence of the abuse can be police reports, retraining orders, medical records, mental health evaluations, etc.
  • Employment Authorization: If the VAWA application is approved, the applicant is eligible to apply to work in the United States.
  • Permanent Residency: If the VAWA application is approved, the applicant may apply for permanent residency by filing form I-485. To be eligible for permanent residency, the applicant must be admissible to the United States. However, there are several exceptions for VAWA self-petitioners. Attorneys assist in analyzing whether an applicant will be eligible for permanent residency.
  • Immediate Relatives: If the applicant is an Immediate Relative of a U.S. citizen, they can submit the I-360 VAWA application and the I-485 application for permanent residency at the same time. An applicant is an Immediate Relative if they are (1) the spouse of a U.S. citizen, (2) the child of a U.S. citizen, unmarried, and under 21 years old, or (3) the parent of a U.S. citizen if the U.S. citizen is at least 21 years old.


VAWA offers critical protection for survivors of domestic violence. However, the application process can be complex, especially in cases where the applicant must prove extreme mental cruelty. Our attorneys are experienced in preparing and filing successful VAWA petitions, including petitions for male survivors of abuse. Contact Martinez Immigration Law LLC today for a consultation.

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