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If you are being abused by a U.S. citizen or green card holder spouse, you have the right to apply for your own immigration status under the Violence Against Women Act — without your abuser's knowledge. Mandi Law Group handles VAWA self-petitions throughout NYC with complete confidentiality. Call (518) 698-0347.
The Violence Against Women Act (VAWA) created a special immigration pathway that allows abused spouses, children, and parents of U.S. citizens or green card holders to petition for their own immigration status — entirely without the abuser's knowledge, signature, or cooperation. Your abuser controls your immigration status only if you allow it. VAWA removes that control.
VAWA applies to all genders and all types of qualifying relationships. Men can file VAWA petitions. Same-sex spouses can file VAWA petitions. Abused children and parents of U.S. citizens can file VAWA petitions. The law was named "Violence Against Women Act" but its protections are gender-neutral.
Call (518) 698-0347 for a completely confidential consultation. We do not share any client information.
Under the Violence Against Women Act, abused spouses, children, and parents of U.S. citizens or LPRs can file a self-petition for immigration status without the abuser's knowledge or participation. We prepare confidential I-360 VAWA self-petitions for NYC survivors with all required evidence of the qualifying relationship, abuse, and good moral character.
Once your I-360 VAWA self-petition is approved, you may be eligible to adjust status to lawful permanent residence. Immediate relatives of U.S. citizens can file the I-485 concurrent with or after I-360 approval. We guide VAWA survivors through the full path from self-petition to green card, including the special deferred action protection available while your case is pending.
Approved VAWA self-petitioners may be eligible for deferred action — protection from deportation — and work authorization (EAD) while their green card application is pending. We apply for all available interim benefits immediately upon I-360 approval to ensure our clients can work legally and are protected from removal.
VAWA cases are handled with strict confidentiality by USCIS. Your abuser, their family, and the public cannot access information about your VAWA petition. USCIS is prohibited from disclosing that you filed. We understand the safety concerns of domestic violence survivors and take every precaution to protect our clients' privacy and safety throughout the process.
VAWA protections extend beyond spouses. Abused children of U.S. citizens or LPRs can self-petition. Parents of U.S. citizens who are abused by their adult citizen child can also self-petition. We evaluate VAWA eligibility for all family members in abusive situations and pursue every available protection.
Domestic violence is a qualifying crime for the U-visa. If you reported the abuse to law enforcement, you may qualify for a U-visa in addition to or instead of VAWA. We assess both pathways for every domestic violence client and advise on which provides the fastest and most secure route to legal status and protection.
A VAWA self-petition (Form I-360) allows abused spouses, children, and parents of U.S. citizens or lawful permanent residents to petition for immigration status on their own, without the abuser's involvement. To qualify, you must: (1) be the spouse, child, or parent of a U.S. citizen or LPR; (2) have been subjected to battery or extreme cruelty by that person; (3) have resided with the abuser; (4) be a person of good moral character; and (5) have entered into the qualifying relationship in good faith (for spouses). You do not need a divorce or police report to file VAWA. The abuse does not need to be physical — extreme emotional and psychological abuse also qualifies.
Yes. Under VAWA, if you are the abused spouse of a U.S. citizen, you can file an I-360 self-petition without your husband's knowledge or cooperation. If approved, you are classified as an immediate relative of a U.S. citizen — the highest-priority family category with no waiting list. You can then file an I-485 to adjust status to lawful permanent residence. Your husband will never be notified of your VAWA petition. USCIS maintains strict confidentiality. You can pursue your green card entirely on your own through the VAWA process.
Yes, VAWA covers abused spouses and children of both U.S. citizens and lawful permanent residents (LPRs). If your abuser is an LPR, you can file a VAWA self-petition as the abused spouse of an LPR. The difference is that as the spouse of an LPR, you fall into the 2A preference category rather than immediate relative status, which means a waiting list applies before a visa number is available for you to file for adjustment of status. However, you can still file the I-360 self-petition immediately and receive deferred action and EAD while waiting.
VAWA self-petitioners are protected from deportation while their petition is pending. USCIS grants deferred action to VAWA petitioners after a prima facie determination that they are eligible, providing protection from removal. ICE also has prosecutorial discretion policies protecting VAWA applicants. Additionally, USCIS is prohibited from sharing information about VAWA petitioners with immigration enforcement officers without the petitioner's consent. Your safety and legal status can be protected — filing VAWA should not result in deportation.
VAWA does not require a police report or criminal conviction. Evidence of abuse can include: personal declarations describing the abuse in detail; statements from witnesses (neighbors, family, friends, religious leaders, social workers); medical records showing injuries; photographs of injuries; therapist or counselor records; records from domestic violence shelters or hotlines; emails, texts, or voicemails from the abuser; court records from restraining orders or family court proceedings; and any other documentation of the abusive relationship. We work with NYC domestic violence advocacy organizations and help clients gather and organize all available evidence.
VAWA lets you petition for your own green card without your abuser's help. Contact Mandi Law Group for a completely confidential consultation.