June 20, 2025

Understanding VAWA: Immigration Protection for Abused Spouses, Children, and Parents

The Violence Against Women Act (VAWA) offers protection for immigrants who are victims of domestic violence. This federal law allows abused spouses, children, and parents of U.S. citizens (USC) or lawful permanent residents (LPR) to apply for legal immigration status in the United States without the abuser’s help or knowledge. While the law’s name implies it applies only to women, it is important to note that VAWA protections extend to all genders.

VAWA and Divorce

One of the most misunderstood aspects of VAWA is how divorce affects eligibility. The good news is that you do not need to be married to your abuser when you apply. In fact, you can still file a VAWA self-petition up to two years after a divorce as long as you can show that the abuse was a contributing factor in the end of the marriage. USCIS does not require the divorce decree to list abuse as the reason, but there must be a connection between the abuse and the breakup.

Timing is crucial. If you remarry before filing or while your VAWA I-360 petition is still pending, your petition will be denied. Remarriage is only allowed after your Form I-360 has been approved. Applicants are advised to consult with an immigration attorney before divorcing or remarrying to make sure they remain eligible under VAWA.

VAWA Benefits and Eligibility Criteria

If approved, VAWA self-petitioners may become eligible for work authorization, access to public benefits in certain states, and the opportunity to apply for lawful permanent residency (a green card). The law also extends protection to unmarried children under 21 who were abused by a USC or LPR parent, as well as to parents of U.S. citizen sons or daughters who are 21 or older and have committed abuse. Additionally, if the abusive relative previously filed an I-130 petition on behalf of the victim, the priority date from that petition can be transferred to the VAWA application, potentially shortening the wait time for a green card.

Certain immigration violations such as unlawful entry or other status issues can typically bar individuals from adjusting status. VAWA self-petitioners and their beneficiaries are exempt from these bars, offering a path to lawful status even in complex situations.

If you or someone you know is facing abuse and may be eligible for VAWA, consider speaking with a qualified immigration attorney. Diana Bailey is an experienced immigration attorney with over 20 years of experience. To schedule a consultation, call her office at 503-224-0950.