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Are You Eligible for a Green Card or Visa Under VAWA?

Last updated on October 24, 2024

Violence against women is a major public health issue and a violation of women’s human rights. The World Health Organization estimates that nearly one in three women worldwide have experienced either physical or sexual violence by their spouse or intimate partner in their lifetime, which can lead to serious injuries, homicide or suicide. Fortunately, there is hope.

The Violence Against Women Act (VAWA) was originally enacted in 1994 in response to concerns about violent crime, particularly against women and addresses domestic violence, sexual assault, dating violence and stalking, among other issues. VAWA aims to prevent violent crime, respond to victims’ needs, increase understanding of crime and change public attitudes.

Our VAWA lawyers at Borjas Law Group, LLC., have the experience to assist you with navigating immigration law as it relates to victims of violence and abuse. We understand the sensitive nature of these cases and are committed to providing compassionate and confidential legal representation.

How Does the Violence Against Women Act Apply to Immigration?

VAWA helps eligible non-citizens apply for green cards or visas without their abuser knowing. If you’re a victim of abuse looking for safety in the U.S., our Chicago VAWA lawyers can help. Call us at 312-788-2783 or use our online form to get started.

Eligibility for Immigrant Visa Under VAWA

Battered spouses, children or parents may file an immigrant visa petition without their abusers’ knowledge. However, they must meet several eligibility requirements. Immigrants who qualify for the VAWA include:

  • An abused spouse or ex-spouse of a U.S. citizen or green card holder
  • A child (under 25) of an abusive U.S. citizen or green card holder
  • A parent whose child was abused by a U.S. citizen or green card holder

You may also qualify if your marriage ended because of abuse-related death or divorce or if your abuser lost their immigration status – as long as you apply within two years.

To file under VAWA, you’ll need to prove:

  • The abuse or extreme cruelty you faced
  • Your relationship with the abuser
  • That you married in good faith (if applicable)
  • Your good moral character

Our Chicago VAWA lawyers are ready to help you through this process. We’ll work with you to determine if you’re eligible, gather evidence and file your petition.

Green Card Eligibility for VAWA Self-Petitioners

To obtain a Green Card as a VAWA self-petitioner, you must follow these steps:

  • File Form I-485 while physically present in the US
  • Be eligible for an immigrant visa
  • Have an immigrant visa immediately available
  • Not be subject to any bars to adjustment of status
  • Be qualified for lawful permanent residence
  • Merit a favorable decision from USCIS

To obtain an immigrant visa, VAWA self-petitioners must have one of the following:

  • An approved VAWA self-petition
  • A pending VAWA self-petition (if approved later)
  • A VAWA self-petition filed together with your Form I-485

VAWA protections are available to both women and men, regardless of their gender or sexual orientation. The law recognizes that domestic violence can affect anyone, and seeks to provide a path to safety and stability for all victims of abuse in the United States.

We Believe In Securing Your Future Under VAWA

Unsure about your VAWA eligibility? Our VAWA attorneys in Chicago, Illinois, can help you build a secure future in the United States. We’ll guide you through the entire process, from confirming your eligibility to filing your application accurately. Our goal is to protect your rights and pave the way for your long-term stability and safety.

For more information on how we can serve you, complete our online form or call 312-788-2783 to arrange a consultation. In-person consultations are free and phone-ins are a small fee. We speak Tagalog and Spanish, and with access to translators, we can accommodate virtually any language.

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