If you are applying for a Green Card under the Violence Against Women Act (VAWA), you do not need to know where your abuser is. USCIS does not require their current address or contact information to process your petition. VAWA allows certain spouses, children, and parents of U.S. citizens or permanent residents to apply without the abuser’s consent or involvement.

 

While USCIS asks for identifying details about the abuser, an unknown location will not prevent approval. You can provide past information, such as old addresses or other details, to help verify the relationship and demonstrate that you previously shared a residence with your abuser.  If the abuser’s immigration status is unclear, you can submit other evidence, such as marriage records, police reports, or affidavits from witnesses. In many instances, we ask USCIS to verify that the abuser s a U.S. citizen or green card holder based on their own records.

 

If your abuser has abandoned you or deceased, you may still qualify.  If your abusive spouse has passed away, you must apply within 2 years of their death in order to qualify for VAWA.  USCIS focuses on whether the abuse occurred and if you meet VAWA’s requirements, including good-faith marriage and a shared residence. An immigration attorney can help gather the right evidence and present your case in the best manner for VAWA eligibility.

 

If you need guidance, Agarwal Law Group has experience handling complex VAWA cases. Call 703-348-1663 to schedule a confidential consultation.