For many immigrants in the United States, their legal status (Green Card) is tied to their spouse or parent. Abusive partners often weaponize this dependency, using fear to control their victims with threats like: “If you leave me or call the police, I will cancel your papers and have you deported.”

At Okanlaw Group, we have a clear message for you: You do not have to live in fear or surrender to these threats.

Under U.S. immigration law, specifically the Violence Against Women Act (VAWA), victims of domestic abuse have the right to apply for a Green Card on their own, without the abuser’s knowledge or consent.

What is VAWA? Is it Only for Women?

VAWA allows victims of domestic violence to file a “Self-Petition” (Form I-360). This means you become your own sponsor. You do not need the abuser to sign any papers, nor do you need to stay in the abusive relationship to get your legal status.

Common Misconception: Despite the name “Violence Against Women Act,” the law is gender-neutral. Men who are victims of abuse by a U.S. Citizen or Permanent Resident spouse are equally eligible to apply for VAWA protection.

Who Is Eligible to Apply?

To qualify for a VAWA self-petition, you must fall into one of the following categories:

1. Abused Spouses: You are married to a U.S. Citizen (USC) or Lawful Permanent Resident (LPR) who is abusive. (Note: If you are divorced, you may still apply if you file within 2 years of the divorce.)

2. Abused Children: You are an unmarried child under 21 who is abused by a USC or LPR parent.

3. Abused Parents: You are the parent of a U.S. Citizen son or daughter (who is at least 21 years old) who is abusive toward you.

What Counts as “Abuse”?

You do not need to show physical scars to qualify. U.S. immigration law defines abuse broadly as “Battery or Extreme Cruelty.” This can include:

• Physical Violence: Hitting, pushing, slapping, or sexual abuse.

• Psychological & Emotional Abuse: Constant humiliation, intimidation, or degradation.

• Isolation: Controlling who you see or talk to (cutting off contact with family/friends).

• Economic Abuse: Controlling all finances or forbidding you from working.

• Immigration Threats: Using your lack of status to threaten deportation.

The 5 Key Requirements for Approval

To successfully file a VAWA petition (Form I-360), you must prove the following:

1. Qualifying Relationship: Proof that the abuser is a U.S. Citizen or Green Card holder and is/was your spouse, parent, or child.

2. Shared Residence: Proof that you have lived with the abuser at some point (in the U.S. or abroad).

3. Good Faith Marriage: Proof that you entered the marriage out of love and commitment, not just to get a Green Card (applies to spousal petitions only).

4. Abuse or Extreme Cruelty: Evidence of the abuse. Unlike other visas, a police report is not mandatory. You can use affidavits, medical records, psychological evaluations, or messages/emails as proof.

5. Good Moral Character: Proof that you are a person of good moral character (e.g., a clean criminal record).

Benefits of VAWA: Safety and Independence

The VAWA process is designed to empower survivors:

• Strict Confidentiality: USCIS is legally prohibited from informing your abuser that you have applied. The process is 100% confidential.

• Work Permit: Once your petition is approved (or a “Prima Facie” determination is made), you can receive employment authorization (EAD) to work legally in the U.S.

• Green Card: VAWA provides a direct path to Lawful Permanent Residence (Green Card) without relying on your abuser.

• Public Benefits: Approved VAWA self-petitioners may be eligible for certain public benefits.

What If I Am Already Divorced?

This is a critical rule: If you have already divorced your abusive spouse, you must file your VAWA petition within 2 years of the final divorce decree. If you wait longer than 2 years, you lose eligibility.

You Are Not Alone

Living with abuse is isolating, but the law offers a way out. You can achieve safety and legal status simultaneously.

At Okanlaw Group, we handle VAWA cases with the highest level of sensitivity and confidentiality. We are here to help you navigate this process and secure a future where you are safe and independent.

Contact us today for a private and confidential consultation.

[Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. Immigration laws are complex. Please consult with an attorney regarding your specific situation.]