If you are still living with an abusive spouse, you may still be eligible to apply for relief under the Violence Against Women Act (VAWA). Many people ask if they need to be separated from their abuser to apply. The answer is no — you can file a VAWA self-petition even if you are still living with your spouse, as long as you meet other eligibility requirements.

 

VAWA provides a way for individuals facing abuse to seek legal status, even if they haven’t left the abusive environment. The law understands that leaving an abuser can be dangerous or difficult. What matters is that you are experiencing ongoing abuse and can provide evidence of the emotional, physical, or psychological harm you have faced. This is most often completed with a detailed affidavit.  Our firm conducts a lengthy intake with our VAWA clients to obtain information regarding various forms of abuse.  Our team completes the draft of an affidavit based on statements made during the declaration intake.  The client then reviews and edits the affidavit, as necessary, before submission.

 

 

To qualify for VAWA, you must show that your spouse is a U.S. citizen or lawful permanent resident and that they have abused you. While living with your abuser does not disqualify you, you must provide evidence of the abuse to meet USCIS requirements.

 

If you are facing abuse and need help with the VAWA process, it’s important to consult with a qualified immigration attorney. An attorney can help assess your case, gather the necessary evidence, and guide you through the application process. Your safety is important, and legal help is available. Contact our office at 703-348-1663 to schedule a consultation and discuss your case with us today.