What Is The VAWA Visa in 2024

The Violence Against Women Act of 1994 (VAWA) is a family-based immigration process for foreign abused spouses, children and parents of a United States citizen – whether male or female. Unlike other immigrant classifications, the VAWA visa does not require the U.S. citizen or lawful permanent resident (green card holder) to file the VAWA petition on behalf of the foreign family member(s). Therefore, applicants can self-petition without their abuser’s knowledge or consent, which fosters a more risk-free pathway to safety and freedom. 

An approved petition then allows the noncitizen to proceed in applying for U.S. permanent residency, work authorization and a deferred removal action (when one would otherwise be warranted).

VAWA Background

President Bill Clinton signed VAWA into law in September 1994. It is a U.S. federal legislation which originally aimed to address the various violence directed against women. Furthermore, this statute was set into place as an added protection for women who have been victims of violent abuse. The passing of VAWA also mandated government funding for studies of violence against women.

Such violence and/or abuses may include any of the following:

• Assault
• Being controlled, including where to go, what to do or who to see
• Dating violence
• Domestic violence
• Emotional abuse, such as being insulted either at home or in public places
• Hate crimes
• Prevented from going certain places, doing certain things or seeing certain people
• Rape
• Sexual abuse, including being forced into engaging in sexual activities
• Stalking, including online and in person
• Victim of sex trafficking
• Threatened to be beaten 
• Threatened to be deported 
• Threatened to be terrorized
• Threatened to be turned over to immigration authorities

Over time, however, VAWA has been expanded to reach beyond its original purpose, resulting in the inclusion of men as well. Seeing as how victims can be both men and women, someone from either sex is permitted to petition for VAWA. 

As opposed to other U.S. visa classifications which require the U.S. citizen to petition on their foreign dependant's behalf, the U.S. government allows VAWA petitioners to circumvent that process. Meaning, VAWA petitioners need not seek permission, assistance nor participation from their U.S. citizenship (or green card holder) abusive family member. Especially since he or she may use this process to further abuse their non-citizen family member, either by threatening to withhold the VAWA petition altogether or to withdraw it. Otherwise, they may unfortunately see it as an opportunity to control, coerce and/or intimidate them.

This is why the application process includes a specific confidentiality component, so as not to alert the abuser, thereby maintaining as much safety for the petitioner as possible.

Unlike many other U.S. visas, there is no annual limit to the number of VAWA self-petitions. This means that if the self-petitioner qualifies, and is approved, he or she will be granted permanent U.S. residence.

Vawa Visa Processing Timeline

VAWA self-petition is a way for victims of domestic violence who are married to a US citizen or lawful permanent resident (LPR) to apply for lawful status without the abuser's interference. Processing times for VAWA self-petitions vary based on various factors, including the case's complexity, the volume of applications received, and the USCIS workload. Generally, it can take 24-36 months for USCIS to process a VAWA self-petition.

Who Can Self-petition for VAWA

Any abused parent, spouse, former spouse, and child of a U.S. citizen (or a lawful permanent resident), is permitted to file a VAWA self-petition. Here, we discuss the basic requirements in greater detail.

If the spouse’s (or former spouse’s) child has been abused by the U.S. citizen (or LPR) spouse, the parent may either petition on their child’s behalf, or include them on his or her self-petition for VAWA. This includes both whether the U.S. citizen is the parent and/or step-parent. Provided the child meets the following criteria:

• Younger than 21 years of age
• Is unmarried
• Has not already filed a VAWA self-petition on their own behalf

Note: Individuals can self-petition as a child after turning 21 years of age, however he or she must be younger than 25, and must demonstrate that the abuse was the main cause for their delayed filing.

If the abused individual is the parent of a U.S. citizen, he or she is also permitted to file their own VAWA self-petition.

If the self-petitioner is divorced, the stipulations are as follows:

• The marriage must have been terminated within two years of the petition filing date
• There must be a connection between the domestic violence and the divorce

Spouses and former spouses will be required to demonstrate that he or she is of good moral character, that their marriage was a bona fide one, and that they live, or have been living with the abuser.

For urgent help, 24/7: 

Those at the National Domestic Violence (NDV) Hotline are available to help victims of domestic violence, with immediate assistance. The hotline’s phone number is 800-799-SAFE (7233) or 800-787-3224 (TTY). Also, information regarding local and immediate resources can be found on their website, such as shelters, mental health services, healthcare, legal help, and more. It is extremely important to note that it’s impossible to erase Internet usage, as others can monitor it. When in doubt for safety, call the NDV hotline rather than visiting the website.

Self-petitioning for VAWA

If the self-petitioner is already inside the U.S., he or she will need to file for an Adjustment of Status through VAWA. If the self-petitioner is outside the U.S., he or she will need to file their petition through Consular Processing. 

Any VAWA self-petitioner who is applying for such an immigrant classification through the United States Citizenship and Immigration Services (USCIS) is also permitted to request legal permanent residence. Approved self-petitioners will subsequently be granted a green card.

It is important to note that if the U.S. lawful permanent resident (who abused their U.S.-residing family member) loses their LPR status, the victim may still be eligible to self-petition for VAWA. Provided, of course, that the petition is filed within two years of LPR losing his or her status. 

Cancellation of Removal Proceedings, Through VAWA 

Cancellation of removal proceedings through VAWA is a category of relief a non-citizen victim can seek in immigration court if/when he or she has been placed in removal proceedings. It is designed to keep such victims of abuse from being deported out of the country. As such, successful cancellation will lead to the victim gaining lawful permanent U.S. residence, which also includes any applicable non-citizen child. 

In addition to this, the victim(s) will then receive a green card, providing they meet the following criteria:

• Is of good moral character
• Has maintained a physical presence in the U.S. for the last three years
• Has been abused, battered, has suffered, or will suffer extreme cruelty by their U.S.-citizen or LPR parent or spouse
• He or she either qualifies for a Waiver of Grounds of Inadmissibility, or that certain grounds are not applicable to the self-petitioner
• Deportation would cause extreme hardship on the self-petitioner

VAWA Benefits

Upon VAWA approval, any foreign abused self-petitioner will receive the following benefits:

• Qualifying family members may be included in the self-petitioner’s VAWA petition
• Deportation protection
• Lawful work authorization within the U.S.
• Immediate eligibility to apply for lawful permanent residence

VAWA Visa Frequently Asked Questions