VAWA
(Violence Against Women Act)

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At The Kuba Law firm, our New York City VAWA immigration lawyers are proud to be experts in the law. We help vulnerable people get justice and protect their rights to stay in the United States. Our team of immigration lawyers has a strong commitment to personalized representation. If you have any questions or concerns about your immigration options under the Violence Against Women Act, please do not hesitate to contact our New York City immigration attorney today.

What is the Violence Against Women Act (VAWA) and How Does it Apply to Immigration?

The Violence Against Women Act (VAWA) is a federal law that protects survivors of domestic abuse. It is not specifically an immigration law—it provides many protections that have nothing directly to do with immigration—but it does contain immigration provisions. Most notably, VAWA allows certain people who have suffered abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child to apply for immigration relief without relying on the abuser. It is incredibly important because many abusers use immigration status as a tool of control. Abusers may threaten deportation or withholding sponsorship to maintain power over the victim.

The Bottom Line: VAWA gives survivors a chance to safely seek lawful immigration status without the abuser’s knowledge or consent. To be clear, it is open to women, men, and children of all genders. If approved, the VAWA self-petition allows a survivor to apply for work authorization, receive protection from deportation, and eventually apply for a green card.

Understanding Eligibility Requirements (VAWA Waivers)

Not just any person can get immigration relief through the Violence Against Women Act. To qualify for a VAWA self-petition, an applicant must meet certain legal requirements. Here is an overview of some of the most notable eligibility criteria:

• Qualifying Relationship: You must be the spouse, child, or parent of an American citizen or lawful permanent resident. Relationships that are covered by VAWA include current or former spouses.
• Proof of Abuse or Extreme Cruelty: You must show evidence that you suffered battery or extreme cruelty. Along with other things, this may include physical abuse, emotional abuse, threats, control over finances, isolation, or verbal abuse.
• Good Moral Character: You must show that you have good moral character. It may be demonstrated by a clean criminal record and positive contributions to your community.
• Shared Residence: Finally, to qualify for protection through VAWA’s immigration provisions, you must have lived with the abuser at some point—even if you do not live with them now.

What to Know About Green Cards for VAWA Self-Petitioners

In the context of immigration law, VAWA allows victims of abuse to “self-petition” to live and work in the United States Once your VAWA self-petition (Form I-360) is approved, you may be eligible to apply for a green card. In other words, the process provides lawful permanent residence and the stability to move forward with your life. Here are a few key points to understand:

• You May File Without the Abuser: VAWA allows you to file on your own—privately and safely—without needing the abuser’s involvement or permission. In fact, your abuser does not even need to be informed about your self-petition at all.
• Work Authorization is Possible: After approval, you may be eligible for a work permit, helping you gain financial independence. Being able to work helps victims of domestic violence build their own life.
• You Can Include Your Children: Do you have kids that are not shared with your abuser? In some cases, your unmarried children under 21 may also be eligible for protection and a green card through your petition.
• Public Charge Rules Are Waived: VAWA self-petitioners are not subject to the same financial requirements or “public charge” rules that apply in most green card cases. You do not need to prove that you can financially support yourself at the current time.
• VAWA Provides a Path to Citizenship: Once you have your green card, you may apply for U.S. citizenship after three years (if married to a U.S. citizen) or five years (for others).

You are Not Alone: VAWA offers hope and a path forward. If you’re in an abusive situation, you are not alone—and the law is here to protect you. You do not have to navigate the complex process all by yourself. Our New York City immigration lawyers have extensive experience with VAWA self petitions. We can help you put together the strongest possible application.

Why Trust The Kuba Law Firm for Help With a VAWA Petition

The Violence Against Women Act (VAWA) is one of the most important immigration options for vulnerable people. It can make a big difference for victims who need help to get away from an abusive partner. At The Kuba Law firm, we have your back. Your fight is our battle. With a history of winning results, you can trust our VAWA immigration lawyers for top-tier advocacy. Among other things, our New York City immigration lawyers are prepared to:

• Conduct a free, confidential review of your VAWA immigration case;
• Explain your rights and options under the law;
• Help you gather all supporting documents, records, and evidence; and
• Represent you through every stage of the VAWA petition process.

VAWA Petitions: Frequently Asked Questions (FAQs)

Can I apply for VAWA even if I am no longer living with my abuser?

Yes. You can still apply for VAWA protection as long as you previously lived with the abuser and meet all of the other eligibility requirements.

Will my abuser be notified if I file a VAWA petition?

No. VAWA self-petitions are completely confidential. The immigration authorities will not alert the abuser about your application. They are not involved in the process any longer.

What if I entered the U.S. without legal documentation—can I still qualify for VAWA?

Yes. VAWA includes waivers for people for undocumented immigrants who meet other eligibility requirements. An attorney can help you evaluate your option for such a waiver.

Contact Our New York City VAWA Immigration Attorney Today

At The Kuba Law firm, our New York City VAWA immigration lawyers have the knowledge, skills, and proven experience that you can rely on when it matters most. If you have any questions about VAWA and immigration, we can help. Get your free consultation now! With offices in New York City, Rockland, and Hauppauge, we handle VAWA cases throughout the entire region.