Living with abuse is painful. For many immigrant survivors, it’s even more complicated, especially when your legal status depends on the very person who is hurting you. The good news is, you do not have to stay in an unsafe situation just to stay in the United States.
Under the Violence Against Women Act (VAWA), you may be able to apply for legal status on your own, without the abuser’s knowledge or involvement. This is called a VAWA self-petition, and it offers a path to independence and protection.
You may qualify if:
- You are (or were) the spouse, child, or parent of a U.S. citizen or lawful permanent resident (LPR) who was abusive.
- You lived with the abuser at some point.
- You can show that you are a person of good moral character.
- You were the victim of battery or extreme cruelty by that person — or your child was, if you are applying as a spouse.
If you're applying as a spouse (or former spouse), you also need to show that:
- Your marriage was entered into in good faith, not just for immigration purposes.
- The marriage is still valid, or ended in divorce (due to abuse), the abuser’s death, or loss of status within the last two years.
- You may also qualify if you believed the marriage was real, but it was invalid due to bigamy.
If you are outside the U.S., you may still be eligible if:
- The abuse happened in the U.S., or
- The abuser is a U.S. government employee or a member of the U.S. military.
We understand how difficult and emotional this process can be. You don’t have to handle it alone. We’ll walk with you every step of the way.