When we hear the word “abuse,” many people instinctively think of physical violence — bruises, broken bones, trips to the emergency room. But abuse often runs much deeper and quieter. Emotional manipulation, financial control, threats to immigration status, humiliation, and isolation are all very real forms of abuse — yet they often go unrecognized, even by those who experience them.
The Violence Against Women Act (VAWA) was created to address these realities. It offers critical protections, especially for immigrants who find themselves trapped in abusive relationships.
Abuse is any behavior used to gain power and control over another person.
Recognizing the many forms abuse can take is the first step toward reclaiming safety, dignity, and independence.
What is VAWA?
The Violence Against Women Act (VAWA) allows certain spouses, children, and parents of U.S. citizens or lawful permanent residents (green card holders) to apply for lawful immigration status without needing the abuser’s participation or knowledge.
And despite its name, VAWA is not limited to women — men, women, and nonbinary individuals are all eligible for protection.
If you are facing abuse tied to your immigration status, VAWA is designed to help you stand on your own and move forward safely.
VAWA Eligibility
You may qualify for VAWA if:
You are (or were) married to a U.S. citizen or lawful permanent resident who abused you.
You are the child (under 21, or sometimes older if abused before age 21) of an abusive U.S. citizen or green card holder.
You are the parent of a U.S. citizen (age 21 or older) who has subjected you to abuse.
You must also demonstrate:
A qualifying relationship.
That the abuser is a U.S. citizen or green card holder.
That you lived with the abuser.
That you suffered battery or extreme cruelty.
That you are a person of good moral character.
“Extreme cruelty” can include threats, intimidation, emotional abuse, financial control, forced isolation, and manipulation through immigration status.
If you want to understand more about eligibility for other immigration benefits, you can also explore our page on family-based immigration.
The VAWA Process
1. Self-Petition (Form I-360)
You file Form I-360 with evidence supporting your case. Importantly, this is completely confidential — USCIS will not contact the abuser.
Evidence might include:
Personal affidavits
Therapy records
Police reports (optional)
Medical records
Witness letters
Photographs, texts, or emails
Learn more about what’s involved by visiting our page on adjustment of status.
2. Prima Facie Determination
If your petition meets the basic requirements, USCIS may issue a prima facie determination, which could help you qualify for certain public benefits while your petition is pending.
3. Green Card Application
If your I-360 is approved, you may be eligible to apply for a green card — either immediately or when your priority date becomes current.
Common Misconceptions About VAWA
“I need a police report to apply.”
Not true. While helpful, a police report is not required. Many survivors use personal statements, therapy notes, and affidavits instead.
“Only women can apply.”
Wrong. VAWA protects any survivor — regardless of gender.
“There must have been physical violence.”
False. VAWA recognizes emotional, psychological, sexual, financial, and immigration-related abuse.
“If I leave, I will lose my immigration status.”
VAWA is specifically designed so that survivors do not have to stay with their abuser to maintain legal status.
You can find additional information directly from U.S. Citizenship and Immigration Services (USCIS) VAWA page.
You Are Not Alone
If you are wondering whether your experiences “count,” please know:
They do. You matter. Your story matters.
There is no shame in seeking help — it is a sign of courage and strength.
At our firm, we are honored to stand beside survivors as they rebuild their lives.
If you believe you may qualify for VAWA, contact us today for a confidential consultation.
No one deserves to live in fear. Help is available — and a new beginning is possible.
Call Law Offices of Arsen V. Baziyants at 702-243-9444 to discuss your eligibility to self-petition under VAWA.