VAWA Attorney — Violence Against Women Act
Confidential immigration relief for survivors of abuse.
The Violence Against Women Act provides a path to lawful immigration status for spouses, children, and certain parents who have been abused by a U.S. citizen or lawful permanent resident family member. Despite its name, VAWA protects survivors of any gender. Crucially, the entire process is designed to be confidential — the abuser does not need to participate, does not need to be notified, and is statutorily barred from accessing information about the petition. For many survivors, VAWA is the door to independence, safety, and a future that no longer depends on the person who caused harm.
Confidential relief for survivors
VAWA gives spouses, children, and certain parents of abusive U.S. citizens or LPRs a path to status — without the abuser's knowledge or cooperation.
Confidentiality protections written into the law
Spouses, children, and qualifying parents may self-petition
Work authorization available with the I-360 petition
Adjustment of status often follows I-360 approval
Source: Violence Against Women Act, 8 U.S.C. § 1154
Built carefully and confidentially
VAWA cases turn on documenting the qualifying relationship, the abuse, good moral character, and shared residence — assembled with discretion and care.
- Step 1
Confidential intake
A private conversation about the relationship, the abuse, and your safety.
- Step 2
Evidence collection
Police reports, medical records, photographs, declarations, and your personal statement.
- Step 3
I-360 self-petition
Comprehensive packet filed under VAWA confidentiality protections — no notice to the abuser.
- Step 4
Work authorization
EAD under category (c)(31) once the I-360 establishes prima facie eligibility.
- Step 5
Adjustment of status
Once the I-360 is approved, we move forward with permanent residency.
Who qualifies under VAWA — and what 'qualifying relationship' really means
VAWA self-petitioners fall into three groups: spouses of abusive U.S. citizens or LPRs, children of abusive U.S. citizens or LPRs (including children up to age twenty-five who can show that the abuse was at least one central reason for the delayed filing), and parents of abusive U.S. citizen sons or daughters (where the son or daughter is at least twenty-one years old). The qualifying relationship has to be documented — marriage certificate, birth certificate, or other proof — and it must have been entered into in good faith, without immigration motive.
For spousal petitions, the marriage must have been bona fide, even if it has since ended in divorce or in the abuser's death. A divorce within the prior two years does not bar the petition if it can be shown that the abuse was connected to the dissolution. The flexibility built into the statute is intentional. It exists because Congress recognized how often abusers use immigration status as a control tactic.
Documenting the abuse — sensitively, completely, and to the legal standard
VAWA does not require the abuse to have been physical. Emotional, psychological, financial, and immigration-status-based abuse all qualify when the cumulative effect rises to the statutory standard. Documentation can include police reports, medical records, photographs of injuries, court records of protective orders, declarations from family members or friends who witnessed the relationship, mental health evaluations, and the petitioner's own detailed personal statement.
We approach this part of the case with discretion and patience. Survivors do not always have a complete file of evidence at the outset, and many of the most powerful documents — psychological evaluations, declarations from witnesses — are developed during the case itself. We never rush a client through the personal statement, and we never use language that does not feel true to the person who lived the experience.
Confidentiality protections written into the law
One of the most important features of VAWA is the statutory bar on USCIS sharing any information from the petition with the abuser, or with anyone the abuser might use to obtain information. The protections extend through every stage of the case — the I-360 self-petition, the eventual adjustment of status, even certain enforcement actions. For survivors, this confidentiality is often the difference between filing at all and continuing to live in fear of retaliation.
We explain those protections at the first meeting, and we explain how the case file will be kept, who will be allowed to contact you, and how mail and email from our office and from USCIS will be handled. Many of our clients communicate with us only through channels the abuser cannot access, and we structure the case accordingly.
The I-360 self-petition and what happens after approval
The VAWA self-petition is filed on Form I-360. Once approved, it establishes the petitioner as the principal beneficiary of an immediately available immigrant visa category — the same priority date as a relative petition filed by the abuser would have created, but without the abuser's involvement. From there, the path to permanent residency typically proceeds through adjustment of status if the petitioner is in the United States, or consular processing if abroad.
Approved VAWA petitioners are also generally eligible for an Employment Authorization Document under category (c)(31), and for derivative status for their unmarried children under twenty-one. The combination of work authorization, status independent of the abuser, and the path to LPR status is what gives VAWA its life-changing impact.
The VAWA self-petition is filed on Form I-360. Once approved, it establishes the petitioner as the principal beneficiary of an immediately available immigrant visa category — the same priority date as a relative petition filed by the abuser would have created, but without the abuser's involvement. From there, the path to permanent residency typically proceeds through adjustment of status if the petitioner is in the United States, or consular processing if abroad.
— Wogwu Law
Coordination with protective orders, criminal cases, and family court
Many VAWA cases run alongside protective order petitions, criminal prosecutions of the abuser, or family court matters involving custody and divorce. We coordinate carefully across those proceedings — not by representing clients in family court ourselves, but by working with family counsel to make sure that the immigration case and the family case do not work at cross purposes.
Statements made in family court can later be used in immigration court. Protective orders can become important corroborating evidence for the I-360. Criminal pleas entered by the abuser can support the abuse element of the petition. Each piece needs to be considered in light of the others, and that coordination is part of what we do as a matter of course.
Working with our office on a VAWA case
From the first call, our office treats VAWA matters with the discretion they require. The initial consultation is private. We will not contact your abuser, will not send mail to your shared home unless you ask us to, and will hold every detail of your case in strict confidence. We will tell you honestly what we can do and what timelines look like, and we will be there at every stage of the process.
VAWA cases are not fast — they typically take eighteen months to several years from filing to permanent residency — but they are decisive. The status they produce belongs to you. It is not contingent on anyone else's behavior, and it cannot be taken away by anyone other than you.
What survivors ask first
- Will my abuser find out I filed?
- No. VAWA confidentiality is statutory. USCIS is barred from sharing information from the petition with the abuser or anyone the abuser might use to obtain it.
- Do I need to be a woman to qualify under VAWA?
- No. Despite the name, VAWA protects survivors of any gender — including male spouses, children, and parents of abusive U.S. citizens or LPRs.
- What kinds of abuse qualify?
- Physical, emotional, psychological, financial, and immigration-status-based abuse can all qualify when the cumulative effect rises to the statutory standard. Documentation is what builds the case.
- What if my marriage already ended?
- You may still qualify if the divorce occurred within the last two years and the abuse was connected to the dissolution. Approval of the I-360 is also possible after the abuser's death.
- How long does a VAWA case take?
- From filing to permanent residency, VAWA cases typically take 18 months to several years. The status produced is durable and belongs to you alone.
What clients say about working with us
"My first experience with Ms. Lisa was phenomenal — I found a gem. Although it was just a consultation I tremendously appreciated her personality and knowledge about the immigration process. In my second experience, she gave me excellent five-star service above my expectations."
"Working with Wogwu Law has been amazing. First off let me say that my lawyer Lisa was genuinely concerned about my health and situation. She never treated me as just another opportunity to get a check. They stuck with me and kept fighting until WE WON. Thank You Wogwu Law."
"My journey started in 2006. I will spare you all the details of the long hard road, but I would like to say how appreciative I am of my lawyer. When I was in doubt of what my future was, she assured me everything was going to work out. She was God-sent and truly amazing in her craft."
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