VAWA Self-Petition Lawyer
If a U.S. citizen or green card holder spouse, parent or adult child abused you, the Violence Against Women Act (VAWA) lets you apply for a green card on your own, without the abuser knowing or helping. VAWA protects men and women equally. We prepare careful, confidential self-petitions under the stricter rules USCIS adopted in December 2025.
Massachusetts Bar since 2014 · AILA member · Consultations in English, Gujarati, Hindi, Punjabi and Spanish · Cases handled nationwide
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Key Facts
- For men and women alike
- Abuser is never told
- No USCIS fee for VAWA I-360
- Work permit after approval
- Green card without the abuser’s help
What Is a VAWA Self-Petition?
Normally a U.S. citizen or permanent resident must file a petition for a family member. VAWA removes the abuser from that process. The survivor files Form I-360 directly with USCIS, and if it is approved, can apply for a green card. Federal confidentiality law (8 U.S.C. § 1367) bars DHS from using information provided by the abuser against you and from telling the abuser about your case.
Independence. You do not need the abuser’s signature, cooperation or knowledge to apply.
Work authorization. Once the self-petition is approved, you can receive deferred action and a work permit, or work through a pending green card application.
Children included. Your unmarried children under 21 can be listed as derivatives on your self-petition.
Do I Need a Lawyer for VAWA?
The law does not require one, but VAWA cases now face closer review. Since December 2025, USCIS gives more weight to records from police, hospitals and social workers, checks your statements against government databases, and can deny cases where the evidence is thin or inconsistent.
We help you gather the right records, prepare a detailed personal declaration, and screen for criminal or immigration issues before filing, so there are no surprises.
Who Qualifies for a VAWA Self-Petition?
- A qualifying relationship — you are (or recently were) the spouse or child of a U.S. citizen or permanent resident, or the parent of a U.S. citizen son or daughter who is 21 or older.
- Battery or extreme cruelty by that relative during the relationship.
- You lived with the abuser during the qualifying relationship.
- Good moral character — USCIS reviews biometrics and any criminal history.
- Good-faith marriage (for spouses) — you married for love, not for immigration.
A divorce, or the abuser’s death or loss of status, does not always end eligibility if you file within two years. We review timing carefully.
The December 2025 Rule Changes
On December 22, 2025, USCIS rewrote its VAWA guidance, and it applies to cases already pending as well as new ones. The main changes:
- Joint residence is required again. You must show you lived with the abuser during the qualifying relationship; living together only before the marriage or after it ended no longer counts.
- Stronger evidence expected. Police, medical and social-service records carry more weight, and declarations need specific dates, places and details.
- Closer review of abuse. USCIS focuses on the severity of the abuser’s conduct.
- Good moral character checks use biometrics, and undisclosed history can hurt credibility.
The VAWA Process, Step by Step
- Confidential consultation — we review the relationship, the abuse, your residence history and any criminal or immigration issues.
- Evidence and declaration — we gather records and prepare a detailed personal statement.
- Form I-360 filed — with the I-485 green card application at the same time if your abuser is a U.S. citizen and you are eligible to adjust status.
- Prima facie review — USCIS may issue a notice confirming the case appears eligible, which can help with some public benefits.
- Approval and work permit — deferred action and employment authorization, or work through the pending I-485.
- Green card — immediately available for spouses and children of U.S. citizens; spouses of permanent residents wait for a visa number.
VAWA in 2026: What to Expect
- Long processing times. USCIS has reported processing 80% of VAWA self-petitions in roughly four years. Check current times on the USCIS processing times tool.
- More requests for evidence. Expect USCIS to ask for more proof under the 2025 rules; a well-documented first filing avoids delays.
- No USCIS filing fee for the VAWA I-360, and fee waivers are available for related forms.
- Confidentiality still applies. The abuser is not notified and cannot see your filing.
Can My Children Be Included?
Yes. Your unmarried children under 21 can be included as derivatives on your VAWA self-petition, even if the abuser never harmed them. Children who were abused themselves may also file their own self-petition, generally before age 21, or before 25 if the abuse was the main reason for the delay.
Documents We Will Ask For
- Proof of the abuser’s U.S. citizenship or green card
- Marriage or birth certificates proving the relationship
- Proof you lived together (leases, bills, mail, school records)
- Evidence of abuse: police reports, protective orders, medical or counseling records, photos, witness statements
- Records of any arrests or court cases, even if dismissed
How much does VAWA cost?
USCIS charges no fee for a VAWA Form I-360, and fee waivers are available for related green card and work permit forms. The legal fee depends on the evidence needed and your history. We explain our fees clearly during your consultation, before you decide to hire us.
VAWA: Frequently Asked Questions
Can men apply for VAWA?
Yes. Despite its name, VAWA protects survivors of any gender, including men abused by a U.S. citizen or permanent resident spouse.
Will my abuser find out I applied?
No. Federal law (8 U.S.C. § 1367) prohibits DHS from disclosing your VAWA filing to the abuser or using information from the abuser against you.
Do I need a police report for VAWA?
No single document is required, but since December 2025 USCIS gives more weight to official records such as police reports, protective orders and medical records, so include them if you have them.
Can I apply for VAWA if I am divorced?
Often yes, if you file within two years of the divorce and the divorce was connected to the abuse. We review the timing carefully.
How long does a VAWA case take in 2026?
USCIS has reported processing 80% of VAWA self-petitions in roughly four years, and the green card stage adds more time. Timelines vary by case.
Can I work while my VAWA case is pending?
Once the self-petition is approved you can usually receive deferred action and a work permit. If you file a green card application at the same time, you can also request a work permit based on that pending application.
Why Clients Choose Us?
Simple, guided process designed to make your immigration journey clear and manageable.
Strategy Calls
We Set Realistic Timelines
We File Carefully and Thoroughly
Ongoing Updates
Remote Capability
VAWA Lawyer – Ready to take the next step?
Every case starts with a careful review of your history and evidence. Book a consultation and we will explain your options, the risks and the realistic timeline before you decide anything.
Consultations are available in English, Gujarati, Hindi, Punjabi and Spanish, by phone, video or in person in Woburn.
