Many people believe that they must be physically separated (or divorced) from their abusive spouse to qualify for protection under the Violence Against Women Act (VAWA). However, this is not true. VAWA protects non-citizen spouses, children, and parents of U.S. citizens or lawful permanent residents who are victims of abuse, even if they are still living with their abuser. You can apply for VAWA while living with your abusive spouse.  There is no requirement that you be physically separated or divorced.  

 

Please note, that abuse under VAWA includes more than just physical violence. Emotional, psychological, verbal, financial, and sexual abuse are also valid grounds for protection. If you are being controlled, manipulated, or threatened, you may still qualify, even without physical harm. It’s important to know that the abuse does not need to involve a police report to be considered under VAWA. The key is to demonstrate a pattern of cruel and controlling behavior.

 

 

If you are living with your spouse and worried about your immigration status, VAWA allows you to self-petition without your spouse’s involvement. This process is confidential, so your abuser will not be notified of your application and will not contacted as part of the application process.

 

Our firm handles many VAWA cases.  We can help you navigate the VAWA process and perhaps qualify for VAWA and a green card. If you have any questions about VAWA or want to explore your eligibility for immigration benefits, contact our team at 703-348-1663.