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The Violence Against Women Act (VAWA) provides a lifeline for individuals who have endured abuse by family members while living in the United States. Through VAWA, certain victims can self-petition for lawful permanent residency without the support or knowledge of their abuser.

This process offers a pathway to safety, independence, and stability.

At Kasturi Law LLC, our Illinois immigration and naturalization attorney is committed to helping survivors navigate this complex and sensitive process.

Violence Against Women Act 

Who Qualifies for a VAWA Self-Petition?

VAWA allows survivors of abuse to self-petition for a green card if they have been mistreated by specific family members who are U.S. citizens or lawful permanent residents (LPRs).

Eligibility requirements vary depending on the petitioner’s relationship to the abuser:

Spouses

  • You are or were married to a U.S. citizen or LPR.
  • Your marriage ended due to divorce or death within the past two years.
  • The abuse occurred during the marriage and includes physical violence, threats, emotional abuse, or controlling behavior.

Children

  • You are the child (under 21 and unmarried) of a U.S. citizen or LPR.
  • You have suffered abuse, neglect, or abandonment by your parent.
  • In some cases, children between 21 and 25 may qualify if they can demonstrate the abuse was the primary cause for the delay in filing.

Parents

  • You are the parent of a U.S. citizen who is at least 21 years old.
  • You have suffered abuse by your U.S. citizen child.

What Are the Requirements for a VAWA Self-Petition?

To qualify for a VAWA self-petition, you must provide evidence of the following:

Relationship to the Abuser

  • Proof of your relationship (e.g., marriage certificate, birth certificate).

Abuse or Extreme Cruelty

  • Evidence of the abuse, such as police reports, medical records, protection orders, or sworn affidavits from friends, family, or professionals who are aware of the abuse.

Good Moral Character

  • Proof of good moral character, including police clearance certificates or affidavits from community members.

Residency with the Abuser

  • Evidence that you lived with the abuser, such as lease agreements, utility bills, or photographs.

Eligibility for Adjustment of Status

  • Demonstrate that you are admissible to the United States or eligible for a waiver of inadmissibility.

How to File a VAWA Self-Petition

  • Step 1: Prepare and File Form I-360

The VAWA self-petition begins with filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). Include all required evidence and supporting documents.

  • Step 2: Await USCIS Review

USCIS will review your petition and notify you of their decision. If approved, you may be eligible to apply for a green card through adjustment of status.

  • Step 3: File Form I-485 (If Eligible)

Once your I-360 is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card. Include additional supporting evidence and fees.

How Kasturi Law Can Help

Navigating the VAWA self-petition process can be challenging and emotionally overwhelming. At Kasturi Law LLC, our experienced Illinois immigration attorney offers compassionate, knowledgeable guidance to help you build a strong case and secure your future. We work diligently to protect your rights and advocate for your safety.

If you believe you qualify for a VAWA self-petition or need assistance with your application, contact our immigration law firm today to schedule a consultation that suits your needs. We’re here to meet you where it’s most convenient—whether in person, over the phone, or via Zoom. You can easily schedule a consultation through our online calendar, selecting a 30-minute or 60-minute session to fit your needs.