If you are seeking protection under the Violence Against Women Act (VAWA), you may include your unmarried children under 21 years old as part of your self-petition. This allows your children to benefit from the same legal protections and opportunities for immigration status in the U.S. as you.

 

When filing a VAWA self-petition based on abuse by a U.S. citizen or lawful permanent resident spouse or parent, your children who have not been directly abused can be included. If your self-petition is approved, your children can apply for adjustment of status to become lawful permanent residents, provided they meet the eligibility requirements. It’s important to gather documentation to prove your relationship with your children, such as birth certificates or adoption records.

 

 

If your child is over 21 but under 25, they may still qualify as derivatives under certain circumstances. USCIS allows this exception if the delay in filing the self-petition is due to abuse. You must demonstrate that the abuse was the reason the petition wasn’t filed before your child turned 21.

 

VAWA protections apply to all victims of domestic violence, regardless of gender. Men and non-binary individuals can also file a self-petition and include their children.

 

If you are considering a VAWA petition, please do not hesitate to contact our firm at 703-348-1663 for a consultation. Often our clients choose to apply for VAWA for the benefit of their children and future generations.  We can help you navigate the process to secure immigration benefits for you and your family.