To start a family-based immigration process, you usually need a US citizen or lawful permanent resident relative to file a petition on your behalf. This person becomes your sponsor and takes responsibility for you while your case is being processed.
The problem is that some people use this process to manipulate and abuse their immigrant relatives. They may threaten to cancel the petition or report you to immigration authorities if you don’t do what they say.
But let me tell you something – they don’t have all the power. There are ways to get legal status in the US without relying on a relative.
Thanks to the federal VAWA law, you can move forward with your immigration case on your own. This law allows you to apply for work authorization and permanent residency—your green card—for yourself and your children, if applicable.
And here’s something even more important: you can apply for US citizenship after just three years with your green card through VAWA.
What is VAWA and how can it help you?
VAWA stands for the Violence Against Women Act. It’s a federal law passed in 1994 to protect immigrants who have been abused by a US citizen or lawful permanent resident. VAWA gives you a chance to fix your immigration status without the support or permission of your abuser.
To apply, you’ll need to file a VAWA self-petition with USCIS and evidence of your case. If USCIS approves it, you may be eligible for a work permit and a green card.
The whole process is entirely confidential. USCIS will not contact or notify any abusive family member at any time.
Who qualifies for VAWA protection?
Although it’s called the Violence Against Women Act, VAWA protects anyone who has experienced domestic violence – women, men, and members of the LGBTQ+ community.
What you need to prove is that you had a qualifying relationship with the abuser, who must be a US citizen or green card holder. You may qualify if
- You are or were married to a US citizen or permanent resident. In this case, you can include your children under 21 on the same petition. Or file a petition on their behalf.
- You are an unmarried child under 21 of a US citizen or permanent resident. In some cases, you may be able to file up to age 25 if the abuse was the reason you didn’t file sooner.
- You are the parent of a US citizen who is 21 or older.
When you apply, you’ll need to provide proof of this relationship, such as a marriage certificate, birth certificate, or divorce decree. But don’t worry—we’ll Discuss the documents you need in the next sections.
How to apply for VAWA step by step
Now, let’s walk you through the entire process of applying for VAWA step-by-step. We’re not going to lie – it’s a bit complicated, and it can take time. But you need to do it, and the sooner, the better. You don’t have to put up with someone else’s abuse.
Plus, you don’t have to go through it alone. Many nonprofit organizations can support and guide you through each step of the process.
Step 1: Fill out the Form I-360
The first step is to complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
This form is free and completely confidential. No one will tell your abuser that you have filed. However, you will need to give the USCIS a secure address where they can reach you.
You’ll also need to send documents or evidence supporting your VAWA self-petition.
If USCIS approves your self-petition, you’ll be classified as a special immigrant. This means that you and your beneficiary can apply for work authorization and permanent residence (a green card).
Once your form and documents are complete, you must send everything to the Nebraska Service Center. They will review your case, which can take some time—sometimes up to 10 months.
But remember: you don’t have to stay with your abuser during this time. You can apply even if you’re divorced or if the abuser has passed away. VAWA applicants also have access to certain protections and resources designed for survivors of domestic violence.
Step 2: Applying for a work permit
If USCIS approves your Form I-360, you can apply for a work permit in the United States.
You can check the box for a work permit directly on the I-360 form to speed things up. That way, USCIS can approve it simultaneously as your petition.
If you didn’t check the box, you must complete and submit Form I-765, Application for Employment Authorization separately.
Step 3: Get your green card
The next step is to apply for permanent residence (your “green card”). To do this, you will need to complete Form I-485, Application to Register Permanent Residence or Adjust Status.
Important: USCIS recently updated Form I-485 with new questions. Make sure you use the latest version—if you send an old one, they’ll reject it.
You may send your I-485 form at the same time as your I-360 petition, saving you time. But only if you’re in the US and qualify as an “immediate relative. That means you’re the parent, spouse, or unmarried child under 21 of a US citizen.
If that’s your case, you can file your green card application:
- Together (simultaneously) with Form I-360
- While Form I-360 is still pending
- Or after it’s approved while it’s still valid
However, if you’re the spouse or child of a lawful permanent resident, you must wait until USCIS approves your I-360 Form.
If you’re not in the US, USCIS will send your petition to the National Visa Center (NVC). The NVC will forward your case to the nearest US Consulate if a visa becomes available. The consulate will then contact you with the next steps.
What if you already have a pending petition?
If your relative already filed a Form I-130, Petition for Alien Relative, and you have a pending I-485 (green card application), you can ask USCIS to transfer it to your VAWA petition.
To do that, you need to notify the local USCIS office handling the case that you filed—or plan to file—a VAWA self-petition within the next 30 days.
Also, make sure to give them a safe address where you can receive important notices and updates.
VAWA documents: What proof do you need?
The key to getting your VAWA self-petition approved is to submit all the documents that USCIS requires as evidence.
Here’s a list of the documents you’ll need to support your petition:
- Proof of the abuser’s legal status. This may include his or her birth certificate, naturalization papers, US citizenship certificate, passport, or green card.
- Proof of your legal and family relationship with the abuser. This may include marriage licenses, divorce decrees, or birth certificates.
- Evidence that you live or have lived with the abuser. You can provide rental agreements, deeds, mortgages, and tax returns. You can also send insurance policies, medical records, or affidavits confirming the same address.
- Evidence of the abuse. This may include police reports, medical records, photographs, or written statements from witnesses, therapists, religious leaders, teachers, or social workers who know about the abuse you suffered.
- Proof of good moral character (if you are over 14). You can prove this through affidavits and a local police clearance or criminal background check.
Can you apply for citizenship through VAWA?
Yes, after 3 years as a lawful permanent resident, you can apply for US citizenship through VAWA. This is a pathway to full independence and security.
To qualify, you must meet the following requirements:
- Be at least 18 years old when you file Form N-400 (Application for Naturalization)
- Be a lawful permanent resident for at least 3 years.
- Show continuous residence in the US during those 3 years.
- Have been physically present in the US for at least 18 months during that time.
- Have lived in the same state or USCIS district for at least 3 months before filing the petition.
- Be a person of good moral character.
How to apply for citizenship through VAWA
Applying for citizenship under VAWA is basically the same as applying for citizenship through naturalization for any other permanent resident.
The first step is to complete Form N-400. After that, you’ll be scheduled for an interview and citizenship test. During this test, USCIS will evaluate your ability to speak and understand English and test your US history and government knowledge. If all goes well, you’ll receive a Notice of Naturalization Oath Ceremony.
The full naturalization process through VAWA usually takes between 8 and 12 months.
Conclusion
We know this is a difficult step, and the process may seem complicated, but you must do it.
As you’ve seen, VAWA allows you to apply for legal status in the United States without being dependent on your abusive citizen or permanent resident relative. They no longer have power over you. You don’t have to endure the abuse anymore.
To apply, remember to file a VAWA self-petition using Form I-360. When you fill it out, list all your eligible beneficiaries and check the Employment Authorization Document (EAD) box. This lets the USCIS know that you’re seeking work authorization as well.
Be sure to include all the required documents along with the petition. This step is critical, so review the document checklist before submitting your petition.
If you are in the US and are in the immediate relative category, you can file Form I-485 simultaneously with your I-360. But, if you’re in a preference category, you must wait until your I-360 is approved before proceeding.
And if you are outside the US, your application will be sent to the National Visa Center (NVC). They will process your case and coordinate with the appropriate US Consulate.
After 3 years with your green card through VAWA, you can apply for US citizenship. The process is the same as for any lawful permanent resident, but the timeline is shorter. And if all goes well, you’ll soon become an American citizen and enjoy all the benefits that come with it.
Finally, remember that you don’t have to go through this alone. Many nonprofit organizations can help guide you through the process and provide emotional and legal support.