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630-392-8101 | 630-392-8101
info@kasturilaw.com
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Experienced Violence Against Women Act Immigration Attorney Representing Clients in Illinois and Nationwide   

At Kasturi Law, LLC, Shobhana Kasturi, our Naperville and Schaumburg immigration and nationality law attorney and law firm founder, represents clients in DuPage, Cook, and Will Counties throughout Illinois and nationwide.

Shobhana is a proud first-generation immigrant who practices immigration law to give a voice to those who most need it — including those seeking immigration status through the Violence Against Women Act.

Hands holding a lightbox sign saying 'VIOLENCE AGAINST WOMEN', symbolizing legal support.

What is the Violence Against Women Act (VAWA)?

The Violence Against Women Act (VAWA) is a landmark piece of legislation in the United States that was first enacted in 1994 and has been reauthorized several times since then. VAWA was designed to improve criminal justice and community-based responses to domestic violence, dating violence, sexual assault, and stalking.

VAWA and its subsequent reauthorizations allow Congress to provide noncitizens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process.

This allows victims to seek both safety and independence from their abusers.

VAWA allows abused immigrants to submit a petition to stay in the United States without having to rely on their abusive Citizen or LPR sponsor. Once the petition for VAWA has been granted, the abused immigrant can file an I-485 to adjust status and secure a green card.

How Does VAWA Help with Individual and Family Immigration Status in the U.S.?

VAWA includes provisions specifically related to immigration that aim to protect immigrant victims of domestic violence, dating violence, sexual assault, and certain other crimes. These immigration provisions, commonly referred to as VAWA immigration relief, provide pathways for eligible victims to seek immigration benefits independently of their abusers.

The primary immigration benefits available under VAWA include:

  • VAWA Self-Petition

Under VAWA, as previously mentioned, certain immigrant victims of domestic violence, dating violence, sexual assault, or stalking who are married to a U.S. citizen or lawful permanent resident may be eligible to self-petition for lawful permanent residency without the sponsorship of their abusive spouse.

This allows victims to apply for immigration status without the abuser’s knowledge or consent.

  • Cancellation of Removal

VAWA provisions also allow noncitizen victims of domestic violence, dating violence, or certain other crimes who are in removal proceedings (deportation proceedings) to apply for cancellation of removal, which may lead to lawful permanent residency.

  • U Visa and T Visa Derivatives

VAWA allows certain family members of U and T visa applicants to qualify as derivatives on the principal applicant’s petition. This allows spouses, children, parents, and unmarried siblings under 18 years of age to accompany or join the principal applicant in the United States.

  • Special Immigration Juvenile Status (SIJS)

Some versions of VAWA reauthorization have included provisions related to Special Immigration Juvenile Status (SIJS), which provides a pathway to lawful permanent residency for certain immigrant children who have been abused, abandoned, or neglected by one or both parents.

These immigration provisions of VAWA are critical for protecting immigrant victims of violence and ensuring that they have access to immigration relief and support services regardless of their immigration status. They aim to empower victims to seek safety and independence from abusive situations without fear of immigration consequences.

Eligibility for VAWA immigration relief depends on meeting specific criteria, and victims are encouraged to seek assistance from a skilled immigration attorney to understand their legal options and eligibility requirements.

Our immigration attorneys also focus on the following areas:

Do You Need Help Pursuing Legal Immigration Status in the U.S. Through VAWA?

At Kasturi Law, LLC, our immigration practice is driven by the desire to give a voice to those who most need it, including those seeking immigration status through the Violence Against Women Act.

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you confidently move forward.

Related Links:

Frequently Asked Questions About Violence Against Women Act Lawyers:

Who qualifies?

  • Spouses – A spouse abused by a USC/LPR (children of the abused spouse can also qualify)
  • Children – A child abused by a USC/LPR Including: The spouse of a USC/LPR whose child has been abused may file a self-petition based on the abuse of the child.
  • Parents – The abused parent of a USC is also eligible.

Further requirements for abused spouses

  • Is she/he or was she/he married to USC or LPR?
  • Was the Marriage in good faith?

Requisites for all victims

  • Has or had a qualifying relationship to the abuser
  • Subjected to battery or extreme cruelty by the abuser
  • Lives or lived with abuser
  • Good moral character

How do I apply?

The first step is to File Form I-360 with the Vermont Service Center (VSC). If you qualify as an immediate relative, you can file I-360 and I-485 to adjust your status and secure your green card (permanent resident status). If you are a non-immediate relative, (spouse and children of LPR), you may also file the I-360 and I-485 with the VSC if their visa number is immediately available.

You may use another mailing address or a “safe address,” on Form I-360 . USCIS will use this safe address as the mailing address for all correspondence regarding the your VAWA-based immigration relief.

THERE IS NO FEE for the Form I-360 filed by VAWA self-petitioners.

What documentation do I need?

You must submit documentation that would substantiate the abuse. Medical records or affidavits from individuals familiar with the abusive situation help to demonstrate the abuse. In the case of a self-petitioner whose spouse was a US citizen or lawful permanent resident, one must demonstrate good faith marriage. Documents such as marriage certificate, joint bank accounts, joint leases, joint credit card statements, and photographs help to establish good faith marriage.

Can I get work authorization?

Yes, you may receive work authorization while the application is pending if USCIS makes a prima facie determination. This means upon a first review USCIS believes that you are eligible for VAWA.  This is not an approval of the VAWA application, but it does allow for valid employment authorization while the VAWA application is pending.

You may also get work authorization once your VAWA visa has been granted.

How does this Visa benefit me?

Some of the benefits are that you do not need a sponsor for this visa. You can self petition. If your abuser’s status changes once your self-petition is filed, then this does impact your self petition.

Once the VAWA application is approved, you could be placed in deferred action to avoid removal from the U.S. You can remarry. The remarriage will not impact the approval of the self-petition. You can adjust status to lawful permanent resident. If you are an immediate relative (i.e. spouses, children, and parents of USCs), you can file for adjustment at the time you filed your VAWA self petition.

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