VAWA Explained: Immigration Relief for Survivors of Abuse

By Celeste Acevedo and Fernando Arevalo, Immigration Attorneys 

VAWA stands for Violence Against Women Act, it is a law passed by Congress in 1994. The aim of the legislation was to protect victims of domestic abuse who would normally have to rely on their abusers to obtain immigration benefits. Despite its name, VAWA protects eligible survivors of abuse regardless of gender. 

Abusive domestic relationships, whether it is with an intimate partner, a parent, a son or daughter, can be extremely difficult to navigate as well as isolating. If you feel vulnerable due to your immigration status, that is no reason to stay. You have other options. 

You may qualify for a green card (lawful permanent resident status) under the Violence Against Women Act (VAWA).  

You may be eligible if you have experienced battery or extreme cruelty by one of the following family members: 

• A U.S. citizen spouse or former spouse;  

• A U.S. citizen parent;  

• A U.S. citizen son or daughter;  

• A lawful permanent resident spouse or former spouse; or  

• A lawful permanent resident parent. 

VAWA does not require you to go to the police. Moreover, the person listed in the category above does not need to know that you are pursuing this avenue. A VAWA application is a self-petition, meaning that you can file this on your own behalf. Depending on your relationship to the abuser, qualifying relatives such as your children may also be included on a VAWA application. 

Battery and Extreme Cruelty 

Battery can occur in many forms. It can include but it is not limited to nonconsensual touching, contact causing minor injury, and any contact that involves a deadly weapon, such as a knife.  

Extreme cruelty refers to psychological as well as physical abuse. It covers most forms of domestic abuse, and it is judged in the aggregate. This means that sometimes a single act does not constitute extreme cruelty. However, if the same action is repeated consistently over time, it can rise to the standard required to get approved for VAWA.  

Examples of extreme cruelty include but are not limited to:  

• Emotional abuse.  

• Psychological abuse.  

• Financial abuse. Such as withholding most financial decisions, for the purpose of controlling the spouse.  

• Immigration-related abuse. Such as threatening to withdraw immigration benefits to compel the spouse to act or do certain things.  

• Isolation and coercive control.  

Common Forms of Abuse  

Abuse is not always physical, and it often involves a pattern of behavior designed to gain power and control over another person. The examples below are intended to help you recognize different forms of abuse, but they are not exhaustive. Every situation is unique, and abuse can take many forms. 

Economic abuse occurs when an abuser controls a person's ability to earn, use, or access money and financial resources. This type of abuse can make it difficult for someone to leave an unhealthy or dangerous relationship because they become financially dependent on the abuser. 

Examples of economic abuse include: 

• Preventing you from working or applying for a job.  

• Taking away or canceling your debit or credit cards.  

• Forcing you to take on debt in your name.  

• Restricting your access to bank accounts or financial information.  

• Giving you a small allowance while demanding an explanation for every purchase.  

• Taking money that belongs to you or your children, including birthday or holiday gifts.  

Physical abuse involves the use or threat of physical force to intimidate, harm, or control another person. It is important to understand that physical abuse does not always leave visible injuries. 

Examples of physical abuse include: 

• Hitting, slapping, punching, kicking, or pushing.  

• Throwing objects at or near you, even if they do not make contact.  

• Punching walls, breaking household items, or damaging property to intimidate you.  

• Blocking your exit during an argument.  

• Taking or hiding your personal belongings, keys, phone, or identification to limit your independence or prevent you from leaving.  

Verbal and emotional abuse are intended to undermine a person's confidence, self-worth, and sense of security. While disagreements happen in every relationship, ongoing insults, humiliation, and intimidation are not normal or healthy. 

Examples include: 

• Name-calling or insulting you.  

• Constant criticism or belittling your accomplishments.  

• Making false accusations or blaming you for everything that goes wrong.  

• Threatening to harm you, your loved ones, or your pets.  

• Manipulating you into believing the abuse is your fault.  

For many immigrant survivors, an abusive partner may use immigration status as a tool of control. This type of abuse can leave victims feeling trapped and afraid to seek help. 

Examples of immigration-related abuse include: 

• Threatening to report you to immigration authorities if you leave the relationship.  

• Refusing to file or withdrawing immigration petitions on your behalf to maintain control. 

• Taking or hiding your passport, work permit, green card, or other immigration documents.  

• Providing false information about your immigration options to make you believe you have no legal rights.  

• Threatening to have your children taken away or to separate your family because of your immigration status. 

Process 

After filing a VAWA, U.S. Citizenship and Immigration Services will determine if it appears that you may qualify for the benefit. If so, after this, you will receive a prima-facie determination, which is the government's way of indicating that they will later conduct a full review of your case for possible approval. After receiving a prima-facie determination, you may be eligible for public benefits. After a waiting period, you may receive an approval. Then, you will be eligible for a work authorization and you may apply for an adjustment of status.  

Depending on your mode of entry to the U.S., you may be eligible to concurrently file a VAWA and an adjustment of status, which is a green card. However, this is something that needs to be discussed with an attorney because this can be a financial undertaking with some risk of not getting an application approved.  

Abuse can come in various forms, and we understand that it can be very difficult to discuss. Attorneys at Sanabria & Associates are well-versed in working on VAWA cases of people of all different backgrounds. We will help you prepare your self-petition. Our training allows for us to work with survivors. Please remember that all consultations are always confidential. 

The content on this page is for informational purposes only and should not be considered legal advice. For guidance specific to your situation, please schedule a free consultation with one of our attorneys.