VAWA Green Card for Victims of Domestic Violence


The Violence Against Women Act (VAWA), passed by Congress in 1994, provides crucial protections for non-citizen victims of domestic abuse in the United States. Under this law, certain victims can obtain legal status independently of their abuser, offering a pathway to safety and security.


In most family-based immigration cases, a U.S. citizen or lawful permanent resident (LPR) must petition for their spouse, child, or parent. However, in abusive relationships, this requirement can become a tool of control, leaving victims vulnerable. VAWA eliminates the need for the abuser’s involvement, empowering victims to apply for status on their own.


Key Points to Consider Before Applying:


  1. Legal Marriage: The victim must be legally married to a U.S. citizen or lawful permanent resident.
  2. Evidence of Abuse: Abuse can be physical, emotional, psychological, or financial. It must demonstrate a pattern of cruelty and control by the abuser.
  3. Proof of Abuse: Police reports, photos, or medical records are not mandatory. Witness testimony or other evidence can suffice.
  4. Eligible Applicants: The victim may be the spouse, or the unmarried child under 21 years old of the abusive U.S. citizen or LPR.
  5. Men and Women Can Apply: Although the law is named the Violence Against Women Act, it applies to all genders. Both men and women can be victims of abuse.
  6. Living with the Abuser: While not required, applicants should consider their safety and circumstances when deciding whether to remain in the same household.
  7. Divorce: VAWA petitions can still be filed if the marriage ends in divorce, as long as the petition is submitted within two years of the divorce date.
  8. Good Moral Character: Applicants must demonstrate good moral character, a legal requirement for approval.


Take Action Today


If you or someone you know is a victim of domestic violence, VAWA offers a pathway to independence and safety. Contact Samie Law Firm today to discuss your options and take the first step toward a secure future.

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