The Violence Against Women Act (VAWA) provides protections for immigrants facing abuse. A common question is whether you must remain married to your abusive spouse to qualify for VAWA. The answer is no; you do not have to stay married to your abuser to qualify for VAWA.

 

VAWA allows you to self-petition for legal status even if the marriage has ended. To be eligible, you must have been married to a U.S. citizen or lawful permanent resident and show that the marriage was entered in good faith. If you are divorced, you can still file a VAWA petition within two years of the divorce. This rule ensures that those who have left abusive marriages still have the chance to seek protection and legal status.

 

 

Applicants for VAWA must provide evidence of abuse, which can include police reports, medical records, affidavits from witnesses, or other relevant documentation. The majority of our clients are able to obtain a VAWA approval with a detailed affidavit that outlines the various abuses experienced by the Applicant.  The abuse can be physical, emotional, psychological, or financial. Additionally, applicants must prove their good moral character, which is a standard part of the self-petitioning process.

 

Please do not hesitate to reach out to us if you are married to a U.S. citizen or green card holder and are interested in obtaining permanent residence in the U.S. without the help of your spouse.