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Temporary Status & Protection

VAWA — Protection from Domestic Violence

If you have been abused by a U.S. citizen or lawful permanent resident spouse or parent, you have the right to seek safety and a better future — without depending on your abuser. We are here to help you, with complete confidentiality and compassion.

No one deserves to live in fear. The Violence Against Women Act (VAWA) recognizes that victims of domestic violence should not remain trapped in abusive situations out of fear of losing their immigration status. If your abuser is a U.S. citizen or lawful permanent resident, you can file a confidential self-petition with USCIS to pursue permanent residency independently — without your abuser's knowledge or involvement. Attorney Jesus Reyes, in Miami, provides comprehensive, safe, and compassionate support at every step.

What is VAWA?

The Violence Against Women Act (VAWA) is a federal law that, in the immigration context, allows victims of domestic violence, sexual abuse, or extreme cruelty to file a self-petition with U.S. Citizenship and Immigration Services (USCIS) without the knowledge or participation of their abuser. Although the law bears the name "Against Women," its protections extend to women, men, minors, and individuals of any sexual orientation or gender identity.

Under VAWA, an eligible person can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) entirely on their own. USCIS is legally required to maintain absolute confidentiality regarding all VAWA petition information — it is prohibited by law to share case information with the abuser or any unauthorized third party. This confidentiality protection is fundamental to the safety of the person filing.

If the VAWA self-petition is approved, the petitioner receives "immediate relative" classification (if the abuser is a U.S. citizen) or is placed in a preference category waiting list (if the abuser is a lawful permanent resident). In either case, the process can ultimately lead to lawful permanent residency (a green card), opening a genuine path toward stability and freedom.

Who can file under VAWA?

To file a VAWA self-petition, you must meet the following requirements:

  • Be an abused spouse or former abused spouse of a U.S. citizen (USC) or lawful permanent resident (LPR).
  • Be an abused child of a U.S. citizen or lawful permanent resident, or an abused parent of an adult U.S. citizen who is at least 21 years old.
  • Have lived with the abuser at some point (shared the same household).
  • Have been subjected to battery or extreme cruelty — including physical, sexual, emotional, psychological, or economic abuse — by the U.S. citizen or permanent resident.
  • Be a person of good moral character, as evaluated by USCIS during the process.
  • Have credible evidence of the abuse and of the relationship with the abuser (marriage or parentage documents, police reports, medical records, witness statements, protective orders, etc.).

VAWA Self-Petition Process

01

Confidential consultation and safety planning

Your safety comes first. In a completely confidential consultation, Attorney Jesus Reyes listens to your story, evaluates your eligibility under VAWA, and explains all your immigration options. Together we develop an action plan that prioritizes your safety and the safety of your children at every stage.

02

Evidence gathering and Form I-360 preparation

We compile evidence of the abuse and the relationship with the abuser: marriage or parentage records, police reports, medical records, protective orders, social worker statements, photographs, and other supporting documents. We prepare Form I-360 with a detailed personal declaration and complete supporting documentation.

03

Confidential filing with USCIS

The I-360 is filed with USCIS's Vermont Service Center, the only office authorized to process VAWA self-petitions. USCIS is legally required to keep all information confidential. Your abuser will receive no notification and will have no access to the details of your case.

04

Approval and path to permanent residency

Once the I-360 is approved, we assess whether you can adjust status within the U.S. or must proceed through consular processing. In many cases, approved beneficiaries can apply for an EAD (work permit) and deferred action (deportation protection) while awaiting an immigrant visa. Attorney Jesus Reyes will guide you all the way through to obtaining your green card.

Frequently Asked Questions About VAWA

Will my abuser find out that I filed a VAWA petition?+

No. USCIS has a strict legal obligation to maintain the absolute confidentiality of all VAWA petitions. It is expressly prohibited by law for USCIS to share any information about your case with the abuser, immigration enforcement agencies, or any unauthorized third party. Your safety is the absolute priority of this process.

Is VAWA only for women?+

No. Despite its name, VAWA's immigration protections apply to all persons who have been abused by a U.S. citizen or permanent resident family member, regardless of gender, sexual orientation, or gender identity. Men, women, children, and non-binary individuals can all be beneficiaries.

I am already divorced from my abuser. Can I still apply under VAWA?+

In many cases, yes. If the marriage ended in divorce within the past two years and the divorce is connected to the abuse, you may still be able to file a VAWA self-petition. The same applies if the abuser passed away within the past two years. Every case is unique — contact us for an evaluation.

Can I include my children in the VAWA petition?+

Yes. Children under 21 of the principal petitioner may be included as derivatives on the VAWA self-petition, allowing them to benefit from the same path to permanent residency. In some cases, children who were also direct victims of abuse may file their own independent self-petition.

What types of abuse qualify under VAWA?+

Qualifying abuse under VAWA is not limited to physical violence. It also includes emotional or psychological abuse, sexual abuse, economic abuse (controlling finances, preventing you from working), intimidation, isolation, threats, and harassment. You do not need to have pressed criminal charges against the abuser to qualify. Contact us — many people do not realize their situation qualifies.

Related Services

Residency Through U.S. Citizen Spouse

If your situation has changed and you now have a U.S. citizen spouse who wishes to sponsor you, we can help you pursue marriage-based residency.

Political Asylum

If you also face persecution in your home country, asylum may be a complementary form of protection to explore.

Deportation Defense

If you or a family member is facing removal proceedings, we can represent you before the Immigration Court.

Your situation has a solution.

Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.

Schedule Consultation — $200

Or call: (888) 644-3683