VAWA SELF-PETITIONS: Reclaiming Your Safety and Status
At Burgos Law, we understand that immigration is deeply personal—and that
sometimes, the people closest to you can also be the source of harm. If you’ve
experienced abuse by a U.S. citizen or lawful permanent resident spouse or parent, or by a U.S. citizen son or daughter, you may be eligible to file a self-petition under the Violence Against Women Act (VAWA)—without your abuser’s knowledge or consent. You are not alone. And you do not have to stay in an unsafe situation to protect your immigration status.
WHAT IS VAWA?
VAWA is a humanitarian immigration remedy that allows certain survivors of abuse to apply for legal status independently. You can apply for a green card without relying on your abuser to sponsor you. Despite the name, VAWA protections are available to all genders. This pathway gives survivors the ability to live freely and safely, with the protection of lawful immigration status.
You may qualify if you are:
- The spouse or former spouse of a U.S. citizen or lawful permanent resident who abused you
- The child of a U.S. citizen or lawful permanent resident who abused you (including stepchildren in some cases)
- The parent of a U.S. citizen son or daughter (age 21 or older) who abused you
WHAT IS ABUSE Under VAWA?
VAWA covers more than just physical violence. The law recognizes that abuse can be emotional, psychological, financial, and verbal—not just physical. We often explain this using the Power and Control Wheel, which outlines the different ways an abuser may try to control or manipulate a survivor.
Examples of abuse include:
- Emotional abuse – Insults, constant criticism, humiliation, threats to harm you or your children, destroying your belongings
- Isolation – Controlling who you speak to, forbidding you from seeing family or friends, monitoring your phone or messages
- Financial abuse – Controlling your money, withholding basic needs, forcing you to work (or not work) against your will
- Immigration-related threats – Threatening to call immigration, refusing to file your papers, using your undocumented status to control you
- Verbal abuse – Yelling, name-calling, blaming you for everything, intimidating you with words or tone
- Sexual abuse – Unwanted sexual contact, coercion, or threats around intimacy
- Physical abuse – Hitting, pushing, slapping, choking, or other acts of physical violence
- Using children – Threatening to take the children away, using them to relay messages or spy on you
These patterns often occur over time, and many survivors live in fear or confusion. But you don’t need to have police reports or visible injuries to qualify under VAWA. Your lived experience matters.
WHAT CAN VAWA DO For You?
VAWA empowers survivors to:
- Apply for a green card without the abuser’s consent or knowledge
- Receive work authorization and protection from deportation
- Eventually adjust to lawful permanent residence, and later apply for U.S. citizenship
Importantly, VAWA allows USCIS to forgive many immigration violations that may otherwise prevent someone from adjusting their status.
- Unlawful presence in the U.S.
- Entry without inspection (EWI)
- Working without authorization
- Past immigration petitions that were withdrawn or denied due to abuse
YOUR STORY MATTERS And It's Safe With Us
At Burgos Law, we handle VAWA cases with care, confidentiality, and compassion. We know that reaching out for help is a big step. You can trust us to:
- Listen without judgment
- Explain your options in plain language
- Handle your case discreetly and securely Advocate for you every step of the way
We are here to support you—not just legally, but as people who care about your well-being and your future.
Reach Out When You’re Ready
Your strategy session is confidential, and we’ll never contact the abuser. If you’re unsure whether your situation qualifies, we encourage you to speak with us. You deserve to understand your options.
FAQs
Do I need to still be married to the abuser to file?
No. You can file a VAWA petition if the marriage ended within the last two years due to abuse or other related reasons. If you are no longer married, we can still help you determine if you qualify.
Do I need police reports or a restraining order to qualify for VAWA?
No. While police reports, protective orders, or medical records can be helpful, they are not required. VAWA allows you to submit your own written declaration and supporting documents like therapy letters, text messages, or statements from people who witnessed the abuse. We’ll help you identify what evidence is available and how to present it.
Will the abuser be notified if I file a VAWA petition?
Absolutely not. The VAWA process is completely confidential. USCIS will not contact the abuser or share any part of your case with them. Your safety and privacy are our top priorities.
Can I include my children in my VAWA case?
Yes, in many cases. If your children were also affected by the abuse or if you are applying as a spouse, you may be able to include unmarried children under 21 as derivatives. We’ll make sure your petition reflects your full family situation.
Is there a deadline to file for VAWA?
There’s no strict filing deadline, but if you are divorced, the petition must be filed within 2 years of the divorce date. It’s always best to speak with an attorney as soon as possible to preserve your options and plan next steps.