Protections for Abused Immigrant Spouses, Children, and Parents of U.S. Citizens: An Immigration Law FAQ
If you are an immigrant experiencing abuse at the hands of a U.S. citizen or lawful permanent resident family member, you are not alone — and you have legal options. Protections for abused immigrants exist under the Violence Against Women Act (VAWA), allowing eligible spouses, children, and parents to self-petition for immigration status without their abuser’s knowledge or involvement. Understanding your rights is the first step toward safety and independence.
Because the family-based immigration process typically requires U.S. citizens and lawful permanent residents to file petitions for their immigrant family members, the immigration process is often used to abuse their family members. If you are experiencing an abusive U.S citizen or lawful permanent resident family member withholding or withdrawing your petition, you may be eligible for self-petition.
Under the Violence Against Women Act of 1994 (VAWA), abused immigrant spouses, children, and parents can self-petition for immigrant classification without their abuser’s knowledge or participation.
Am I eligible to file?
You can file as a VAWA self-petitioner if you are or were the abused spouse of a United States citizen or permanent resident. You can also file as an abused spouse if your child was abused by the U.S. citizen spouse. As the spouse, you can file for unmarried children under 21 who haven’t filed for themselves,
If you are the parent of a U.S. citizen and they have abused you, you are also eligible to file as a VAWA self-petitioner.
If you are an unmarried child under 21 and have been abused by your U.S. citizen or permanent resident parent, you can file as a VAWA self-petitioner. You can also file between the ages of 21 and 25 if you can show that the abuse was the primary cause of your delay in filing.
What are the eligibility requirements?
To be eligible for a VAWA self-petition, you must meet the following requirements:
- You have a relationship with the abusive U.S. citizen or lawful permanent resident as the:
- Spouse, intended spouse, or former spouse
- Child who is under 21
- Parent of a U.S. citizen who is at least 21
- You experienced battery or extreme cruelty by the citizen relative during the relationships
- You live or previously lived with the abusive citizen relative
- You are a person of good moral character
How to Apply for Protections as an Abused Immigrant
To apply for a VAWA self-petition, you must submit:
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (There is no fee to file Form I-360.)
- Evidence that demonstrates you meet the eligibility requirements
After you submit your petition, you may receive an interview notice from USCIS. If you receive an interview notice, follow all instructions and be prepared to discuss your VAWA self-petition eligibility at the interview.
Applying for a Green Card
If USCIS approves your Form I-360, this does not give you immigration status. It provides you immigrant classification, so you and your derivative beneficiaries can apply for permanent residence and get a green card.
If you are residing in the States and an immigrant visa is available to you, you can file Form I-485, Application to Register Permanent Residence or Adjust Status without leaving the country.
If you are not currently in the States, USCIS will send your self-petition to the National Visa Center. The NVS will send your petition to a U.S. consulate, and you will apply for a visa through consular processing.
Talk to the Immigration Lawyers at JAD Law
If you or a loved one needs protections as an abused immigrant spouse, child, or parent of a U.S. citizen and you are ready to self-petition for lawful permanent residence, JAD Law is here to help.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
Get Help
The National Domestic Violence Hotline offers help and support to any victim of domestic violence, regardless of immigration status, at 800-799-SAFE (7233) or 800-787-3224 (TTY). You can find immediate assistance through the hotline.
The National Domestic Violence Hotline Website also offers information about shelters, medical and mental health assistance, legal help, and more.
