VAWA visa

If you have been a violence, you may want to know what the VAWA visa is. This visa can give you the opportunity to obtain a Green Card and build a stable future in the United States.

At Curbelo Law, our New Jersey immigration lawyers is dedicated to helping victims of domestic violence obtain the justice they deserve. 

Let us guide you through the VAWA process and provide you with the support you need.

Definition of the VAWA visa, the process and all the requirements in 2025

Victims of battery or extreme cruelty by certain family members in the US may have the opportunity to become lawful permanent residents. 

This will be thanks to the Violence Against Women Act (VAWA), which allows individuals who have suffered abuse to file a petition to obtain residency without their abuser knowing about it. 

What is VAWA?

The Violence Against Women Act (VAWA) is a piece of legislation passed by the United States Congress in 1994. This law provides special protection for victims of domestic violence in the US committed by:

• Spouses or former spouses who are American citizens.
• American citizen parents.
• American citizen children.
• Spouses or former spouses who are lawful permanent residents.
• Lawful permanent resident parents.

Typically, the citizen or resident relative controls the immigration process. However, VAWA changes that by allowing victims to file a self-petition, giving them the ability to regularize their immigration status independently.

Can I apply for VAWA if I am the child of a VAWA recipient?

Most unmarried children under age 21 of principal applicants under VAWA can obtain a Green Card.

However, this possibility is restricted in cases where the principal applicant is a parent who self-petitions under VAWA alleging abuse by a US citizen child.

Can men qualify for VAWA?

Although the law includes the word “woman” in its title, men who have been abused may also qualify under VAWA. They must first prove they meet the eligibility requirements.

How do I know if I qualify for VAWA?

Generally, you may be eligible for VAWA if you are a victim of abuse or extreme cruelty by a US citizen or resident. In addition, you must meet the following requirements:

• Submit Form I-485 to USCIS.
• Have a physical presence in the US at the time of filing Form I-485.
• Be eligible to receive an immigrant visa.
• Have an immigrant visa immediately available when you file your Form I-485 and when USCIS makes a final decision on your application.
• Not have any restrictions that prevent adjustment of status.
• Be admissible to the United States for lawful permanent residence, or be eligible for an immigration waiver.
• Demonstrate that you deserve a favorable decision from USCIS.

Other eligibility requirements for VAWA

You may also be eligible to receive an immigrant visa if you meet any of the following conditions:

• You have an approved VAWA self-petition.
• You have a previously filed VAWA self-petition that is still pending and may be approved.
• She filed a VAWA self-petition along with her application for adjustment of status, which was approved.

If you meet these requirements, you likely qualify for VAWA.

What can I do if I don’t qualify for VAWA?

If you do not qualify for VAWA, you may be able to explore other options available to you. For example, you may qualify for one of the following immigration reliefs: 

• U visa for victims of certain crimes, or 
• T visa for victims of human trafficking. 

However, to ensure an accurate assessment of your eligibility, we strongly recommend that you contact our immigration attorney specializing in this area.

How to apply for VAWA visa in 2025?

To apply for a VAWA visa, follow these steps:

If you are located within the United States

1. Complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to begin your self-petition under VAWA.
2. File Form I-485 to begin your application for adjustment of status. This can be done while your Form I-360 is pending or after it is approved.
3. Submit evidence of your VAWA self-petition within 30 days of requesting the change to have USCIS consider your application under VAWA instead of the original Form I-130.

If you are outside the United States

If you are outside the US, you must complete the consular process. Consult with our attorney Carolina Curbelo for more information about this process. 

What documents do I need to apply for a VAWA visa?

Among the documents you need to apply for VAWA are the following:

• Form I-360.
• Form I-485.
• Copy of Form I-797.
• Two passport-size photographs.
• Government-issued photo identification document.
• Copy of birth certificate.
• Form I-693, Medical Report and Vaccination Record.
• Copy of your passport.
• Page with the admission stamp or entry permit issued by a US immigration officer (if applicable).
• Form I-94 or a document with an admission stamp placed by Customs and Border Protection (CBP).
• Criminal records (if necessary).
• Form I-601 for an immigration waiver (if applicable).

Can I file a VAWA self-petition if I am in another country?

You may be able to apply for a VAWA visa from abroad if:

• The abuser is a US government employee or member of the military and the abuse occurred while they were living abroad.
• The abuser abused her son while they were living abroad.
• The abuse occurred in the US even though she now lives abroad.
• The abuser abused her son in the US and they are now living abroad together or separately.

In the last two cases, it is not relevant whether the abuser is living with you abroad.

What happens after my VAWA petition is approved?

After your VAWA petition is approved, you may have access to:

• An employment authorization,
• Certain public benefits, and
• The Green Card.

Please consult with our attorney for further guidance on next steps and specific benefits.

How long does a VAWA Employment Authorization take?

The process to obtain residency through VAWA can take between 12 and 36 months or even longer. This all depends on factors such as USCIS workload, the complexity of the case, and other particular aspects. 

Therefore, it is crucial to submit a well-prepared and precise application to facilitate the process.

Can I be deported if my VAWA visa application is pending?

Even though your VAWA visa application is pending, this does not automatically grant you legal status in the United States. Therefore, deportation is still possible. 

Our immigration attorney can request that the government stop deportation proceedings while your application is pending. If you are arrested by immigration authorities, contact us as soon as possible. 

What relationships may make me eligible for a VAWA self-petition?

You may qualify for a VAWA self-petition if:

• You are or were married to a US citizen or lawful permanent resident.
• You are or were the child or stepchild of a US citizen or lawful permanent resident.
• You are or was the father/mother of an American citizen.

For a detailed evaluation and advice, attorney Carolina Curbelo is here to help you. With more than 10 years of experience in immigration, we offer you all the professional support you need.

What type of abuse can qualify for a VAWA self-petition?

To qualify for a self-petition under VAWA, you must show that you were the victim of physical assault or extreme cruelty. This includes:

• Violent behavior or threats of violence: Either physical violence or threats resulting in physical or mental harm.
• Psychological or sexual abuse or exploitation: This includes rape, sexual harassment, incest or forced prostitution.
• Other forms of abuse: Behaviors that, although they may not seem violent on their own, are part of a pattern of abuse.

What other abuse-related requirements must I prove?

To qualify for a VAWA self-petition, you must meet the following abuse-related requirements:

• If the abuser is or was your spouse: Generally, some of the abuse is required to have occurred during the marriage. There are exceptions to this criterion, however.
• If you do not currently live in the US: Some of the abuse must occur on US territory. If it occurred outside the US, you must show that the abuser was an employee of the US government or military. 
• If you currently reside in the US: It does not matter where the abuse occurred.

It is important to note that you must have lived with the abuser in the same home at some point. If you only lived together before coming to the US, it may still be possible to file a VAWA self-petition. 

Do I have to be of good moral character to apply for VAWA?

To be eligible for a VAWA self-petition, you must show that you have good moral character. 

Although immigration law does not specifically define this term, it does mention certain acts that could disqualify you under VAWA. In addition, you should be aware that:

• If you are 14 years of age or older , you will need to submit police record certificates from each place where you have lived for 6 months in the last 3 years.
• If you are under 14 years of age, USCIS will assume that you have good moral character and you will not need to submit a police certification.

What are the benefits of VAWA in the United States?

VAWA benefits in the United States include: 

• Obtaining lawful immigration status,
• Possibility of applying for a work permit, and 
• Option to apply for legal permanent residence after a certain period of time. 

Additionally, VAWA offers you the opportunity to live free from violence and abuse, allowing you the chance to build a safe and stable future in the country.

Can I travel and work in the United States under VAWA?

While your Form I-485 is being processed under VAWA, you may apply for authorization to work in the United States using Form I-765. 

You also have the option to apply for advance parole using Form I-131, if you plan to leave the country temporarily. 

It is important to note that leaving the US without obtaining this permission while your Form I-485 is pending could result in the loss of your application.

What is cancellation of removal under VAWA?

If you are in removal proceedings and have been abused by your spouse or parent who is a U.S. citizen or resident, you may apply for cancellation of removal under VAWA. 

If approved, your deportation may be over and you may be able to obtain lawful permanent residency. Since cancellation of removal under VAWA requires being in removal proceedings, it is crucial to have an immigration attorney.

Examples of cases that may apply for a VAWA visa

Extreme control and jealousy

A spouse unfairly accuses his or her partner of infidelity and harasses him or her with constant calls while he or she is at work, creating stress and distraction in dangerous situations.

Prohibition of working

An immigrant woman wants to work outside her home, but her husband forbids her from going out and associating with other people, controlling her movements and limiting her freedom.

Continuous surveillance

The spouse of an immigrant tracks him via GPS and questions him at every exit, questioning how long it takes him to return home.

Physical and emotional violence

An immigrant is physically attacked by his spouse when he comes home tired and does not want to have sex, being accused of infidelity and expelled from the home.

Home surveillance

The spouse installs cameras in the house to constantly monitor his or her partner, controlling his or her activities and restricting his or her privacy.

These examples show how different forms of control, abuse, and violence can be relevant factors in VAWA visa cases.

VAWA Immigration Lawyers in New Jersey

Now you know what the VAWA visa is and how it works in the United States. However, navigating this legal process can be complex.

Therefore, if you are seeking the advice or representation of immigration lawyers to process a VAWA visa, attorney Carolina Curbelo can help you in this type of situation. 

With over 10 years of experience in all types of immigration cases, we can represent you in a professional and personalized manner from our offices in Ridgewood, New Jersey. Call us today to evaluate your case.