What does vawa mean in immigration?

Each derivative applicant must file their own Green Card application and supporting documents. In order to be eligible for VAWA-based adjustment as a derivative applicant, you must meet the following requirements:

Visa Availability for Derivative Applicants

If your parent is a VAWA self-petitioner and is the spouse or child of a U.S. citizen who was abusive, we consider your parent to be an immediate relative when determining whether a visa is available. You, as a derivative child, would also be considered as an immediate relative. In these cases, if there is a visa immediately available to your parent, you may submit a Form I-485 together with your parent’s Form I-485. You may also file your Form I-485 separately based on your parent’s pending or approved Form I-485.

If your parent is a VAWA self-petitioner and is the spouse of a lawful permanent resident (LPR), you, as the derivative child, will generally have the same visa preference category and priority date as your self-petitioner parent. You can file your Form I-485 when a visa available for your preference category based on your priority date.

Protections for Derivatives Who Turn 21

In certain circumstances, if you turn 21 years old, you can still be treated as a child for immigration purposes. The Child Status Protection Act (CSPA) permits certain individuals to continue to be considered as a child, even if he or she reaches the age of 21. For more information, see the Child Status Protection Act page.

If you do not benefit from the CSPA, INA 204(a)(1)(D) may allow you to adjust status in a preference category when a visa becomes available. For example, if you were a derivative of an abused parent of an LPR spouse, you will move from the child of an LPR (F2A) category to the unmarried son or daughter of an LPR (F2B) category upon turning 21 years old so long as you remain unmarried. If your parent is an abused spouse of an LPR and you were included in your parent’s VAWA self-petition as a derivative child, you keep the priority date from that filing. If INA 204(a)(1)(D) applies to you, you are able to independently apply for a Green Card without filing a new VAWA self-petition.

If you are a derivative applicant, you should submit the following documentation and evidence to apply for a Green Card based on a VAWA self-petition:

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

In 1994, Congress passed the Violence Against Women Act (VAWA), creating special routes to immigration status for certain battered non-citizens.

Be sure to consider the privacy of your computer, smartphone, or tablet when seeking help online or over the phone. Some victims might use the same device, network, or phone plan as the abuser, allowing the abuser to see the victim's search or call history or otherwise track their activity. Many smart devices contain cameras or GPS tracking that can be used to locate and monitor your whereabouts. An abuser can even slip a small tracking device into your car, bag, pocket, or other belongings without your knowledge. If you're concerned about your privacy or safety, several organizations provide assistance and resources, including National Domestic Violence Hotline and RAINN. Also check out our Resources for Victims of Crime.

In order to qualify for a green card under VAWA, you must prove that you meet the requirements described below (depending upon whether you are the parent, child, or spouse of a U.S. citizen or permanent resident). Despite the name of the law, VAWA applies equally to both male and female petitioners.

Relatives of nonimmigrants in the United States (people who hold temporary visas) cannot receive a green card under VAWA. Some of them might at least be able to apply for a work permit, however. See Filling Out Form I-765V: Instructions for Abused Spouses With Temporary Visas.

Your qualifying relative must have been a U.S. citizen (USC) or Lawful Permanent Resident (LPR). You may still file an I-360 self-petition under VAWA if the abuse occurred before the abuser became a citizen or green card holder.

In addition, you can file a petition under VAWA even if the abuser loses U.S. permanent residence or citizenship. If this was because of an incident of domestic violence, you must file the I-360 petition within two years of the abuser losing status.

VAWA green cards are available to the battered spouses (and ex-spouses) and children of USCs and LPRs and the battered parents of USC children who are at least 21 years old at the time of the application. Unmarried children under 21 can be included on a battered spouse's (or ex-spouse's) VAWA I-360 self-petition.

For ex-spouses, if marriage ends in divorce because of abuse or cruelty, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA I-360 self-petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. However, if you remarry prior to the approval of the VAWA petition, the petition will be denied.

The law requires the self-petitioner to show that they have "been been battered or has been the subject of extreme cruelty" by the LPR or USC family member. Examples of "battery" include physical violence and sexual abuse. U.S. Citizenship and Immigration Services (USCIS) considers emotional abuse, controlling behaviors, threats to harm or deport you, forcible detention, and other threatening behaviors to be "extreme cruelty."

In addition, USCIS will consider emotional abuse, controlling behaviors, threats to harm or deport you, forcibly detaining you against your will, and other behaviors used to scare you. This is not an exhaustive list, and USCIS will consider the totality of the circumstances when deciding whether you have been subjected to battery or extreme cruelty.

"Good faith" means that the marriage with your LPR or USC spouse was genuine and bona fide, and not entered into solely in order to obtain a green card. If the marriage is fraudulent, you will not qualify for a green card through VAWA, just as you would not qualify for a green card using normal petitioning procedures.

In most cases, you must reside in the U.S. in order to file a petition under VAWA. However, you can file if you are living abroad if the abuser is an employee of the U.S. government or armed services, or the abuse occurred in the United States.

There is no length of time that you must have lived with the abuser and you do not have to currently be living with the abuser when you file for a green card under VAWA. Nor do you have to have lived together in the United States. VAWA does not specify what it means to "live with" the abuser, so even if you only spent a short amount of time in the same house or apartment, this could be enough to meet this requirement.

In order to qualify for relief under VAWA, you need to have been a person of good moral character for at least the past three years. Some things that could prevent you from showing good moral character are: a criminal history, being a habitual drunkard, using drugs, illegal gambling, lying under oath, persecuting or harming others, or having committed marriage fraud in the past.

If eligible, Form I-360 Self-Petition (VAWA petition) is filed with supporting documentation. There is extensive evidence that must be gathered including evidence of battery/abuse/extreme cruelty and proof of the qualifying relationship to the abuser.  Immigrants who can establish the basic requirements outlined below will be given a “prima facie” determination and then be eligible for certain public benefits.  If the VAWA petition is approved, the immigrant is granted deferred action status in most cases. Deferred action means that removal, or deportation, proceedings will not be initiated. Applicants are also eligible for work authorization upon approval of their VAWA petition.

Once the VAWA petition has been approved, immigrants are classified into categories based on a preference system. Self-petitioners who are immediate relatives of U.S. Citizens (spouses, parents, unmarried children under the age of 21) are eligible to adjust status to a lawful permanent resident status when their VAWA petition is approved. Spouses and children of lawful permanent residents must wait for an immigrant visa to become available for their category.  These petitioners will be able to obtain work authorization until they are eligible to apply for permanent residency.

The process to apply for lawful permanent residence includes a criminal check by fingerprinting and completion of a medical exam. Applicants might be barred from permanent residency if they have a record of involvement with drugs, prostitution, or other crimes, if they committed visa fraud, were previously deported, or have certain other “bad marks” against them. Waivers are sometimes available for criminal or immigration issues but intending immigrants with these complications are advised to have their cases reviewed by an immigration attorney. Battered spouses or children of U.S. citizens or permanent residents who are the subjects of deportation proceedings may also be eligible for this form of relief through VAWA cancellation of removal.

It is not a requirement to have a police report.  Many victims are fearful of calling the police and this does not preclude them for filing  a VAWA self-petition.

In 1986, Congress passed the Immigration Marriage Fraud Amendments (IMFA) and added these to existing immigration laws. The purpose of IMFA was to deter people from entering fraudulent marriages solely for the purpose of obtaining lawful permanent resident status, by creating a “conditional residence” period for immigrant spouses who entered into a marriage with U.S. citizen/lawful permanent resident spouses within less than two years of applying for residence.  To apply for removal of these conditions, immigrant spouses must normally file joint petitions with their U.S. citizen/lawful permanent resident spouse and prove the ongoing existence and good faith nature of the marriage.  The law included waivers of this joint filing requirement under certain circumstances, where the marriage was entered into good faith but legitimately terminated before the end of the conditional period, or where the applicant would suffer extreme hardship if s/he was forced to return her/his home country.

In 1990, Congress created additional Amendments to the law creating a special waiver specifically addressing the dangers experienced by battered immigrants.  A battered immigrant may apply for a waiver of the joint petition requirement and file her own I-751 petition. This may enable the battered immigrant to leave the abusive relationship without having to rely on the abusive U.S. citizen/lawful permanent resident spouse.

For more information: USCIS Immigration Options for Victims Brochure

• You have a qualifying relationship as the: .
• You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (

This fact sheet provides basic information about three of these forms of protection: “U” visas for victims of crime, “T” visas for victims of severe forms of trafficking, and “self-petitions” under the Violence Against Women Act (VAWA).

Studies show that domestic care workers, hotel workers, food service workers, agricultural workers, and janitorial staff experience high rates of sexual harassment and assault because they tend to work for tips in isolated environments. A 2015 study of working immigrant women found that nearly half of them were employed in these industries. Noncitizen women in these and other industries may fear their employers will revoke their work visas or report them to Immigration and Customs Enforcement (ICE) if they report sexual assault. Some noncitizen women are brought to the United States through human trafficking networks and are forced to work under surveillance, threats of deportation, and threats of physical harm.

In addition, noncitizen women may face challenges related to domestic violence, especially if obtaining lawful immigration status depends on an abusive spouse. For example, noncitizen women may depend on a U.S.-citizen or lawful permanent resident (LPR) spouse to petition for them through the family-based immigration system or their legal status may be tied to their spouse’s employment-based immigration status. This situation not only leaves noncitizen women financially dependent on a spouse, but also leaves them vulnerable to a spouse’s threat of deportation. Abusive spouses often delay, revoke, or fail to file petitions for their family members, or threaten to report their victims to immigration authorities. Finally, even when their legal status does not depend on an abusive spouse sponsoring a visa, noncitizen women may be fearful of reporting abuse or exploitation to the police for fear that they will be deported and separated from their families. This effectively provides abusers with a tool to silence their victims.

In the last three decades, Congress has made numerous changes to U.S. immigration laws to offer protections for noncitizen victims of domestic violence and crime.

The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence who obtained conditional permanent residency based on their marriage to a U.S. citizen to file an application to remove that conditionality without the assistance of their spouse if they are in an abusive relationship. The Violence Against Women Act (VAWA) of 1994 included provisions to allow noncitizen victims of domestic violence to obtain immigration relief independent of their abusive spouse or parent through a process called “self-petitioning.” The Battered Immigrant Women Protection Act of 2000 (VAWA 2000) created new forms of immigration relief for noncitizen victims of violent crime (“U” visas) and victims of sexual assault or trafficking (“T” visas). Finally, the Violence Against Women Act of 2005 expanded these protections and included some victims of elder abuse.

The U visa was created by the Victims of Trafficking and Violence Protection Act of 2000 to protect certain noncitizen crime victims who assist or are willing to assist in the investigation or prosecution of a criminal offense. A U visa grants the victim permission to live and work in the United States and may result in the dismissal of any case in immigration court filed against the noncitizen.

Noncitizens with pending and granted U visa applications are eligible to receive a work permit. Applicants who apply for U visas from within the United States automatically receive work authorization when the application is approved. Family members included in the victim’s application are eligible to apply for a work permit if they are otherwise eligible to work.

There are up to 10,000 U visas available each year for principal applicants. Spouses and unmarried children (and, if the applicant is under 21, parents and unmarried minor siblings) of U-visa applicants may also qualify to be included in the victim’s application. There is no limit on the number of visas available for dependent family members.

To qualify for a U visa, a noncitizen:

A U visa is valid for up to four years. It may be extended if the certifying law-enforcement agency confirms that the U-visa holder is required to remain in the United States to assist the investigation or prosecution.

After three years of continuous presence in the United States, a U-visa holder is eligible to apply for LPR status if he or she meets certain requirements; has not refused to provide assistance in the criminal investigation or prosecution; and can prove that remaining in the country is connected to humanitarian need, will promote family unity, or is in the public interest. There is no numerical limit on the number of U-visa holders who may adjust to LPR status per year.

The T visa was created to provide immigration relief to victims of “severe forms of human trafficking,” which is defined as (1) sex trafficking in which a commercial sex act is induced by fraud, force, coercion, or in which the victim is younger than 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through use of force, fraud, or coercion for the purpose of subjection to involuntary servitude or slavery.

A T visa protects recipients from removal and gives them permission to work in the United States. Bona fide T-visa applicants also have access to the same benefits as refugees, including cash assistance, food assistance, and job training.

There are up to 5,000 T visas available each year. Spouses and unmarried children (and, if the applicant is under 21, parents and unmarried minor siblings) of T-visa applicants may also qualify as dependent family members of the trafficking victim. There is no limit on the number of visas available for qualified family members.

A noncitizen may be eligible for a T visa if the person:

T visas are valid for four years. To qualify for LPR status, T-visa holders must maintain continual physical presence in the United States for three years (or for the duration of a completed investigation or prosecution of the act of trafficking, whichever is less), must maintain good moral character, and must have continued to cooperate with law enforcement or demonstrate they would suffer extreme hardship if they were removed from the United States.

In order to prevent marriage fraud, federal immigration law requires applicants for marriage-based green cards to receive “conditional” permanent resident status for two years before being granted full LPR status. As a result, noncitizen victims of domestic violence may feel compelled to remain in an abusive relationship for up to two years in order to obtain a green card. The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence to file an application to remove the conditional status without the assistance of their abusive spouses and without having to stay in the abusive relationship for two years by providing proof of battering or extreme cruelty and the validity of the marriage.

Under VAWA, noncitizen victims of domestic violence, child abuse, or elder abuse may “self-petition” for LPR status without the cooperation of an abusive spouse, parent, or adult child. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition, and there is a connection between the divorce and the domestic violence.

An approved VAWA self-petition provides the applicant with work authorization, deferred action, and an approved noncitizen petition which allows him or her to apply for lawful permanent residence. When the individual applies for LPR status, he or she is subject to the family preference system and any backlogs that may exist. Thus, spouses and children of U.S. citizens may apply immediately and receive a green card as an immediate relative. By contrast, spouses and children of LPR abusers are placed into the family preference system along with all other petitions for spouses and children of lawful permanent residents and are subject to backlogs.

There is no limit to the number of VAWA self-petitions that may be filed in any given year.

VAWA self-petitions are available to:

In addition to proving abuse, a self-petitioner must also prove: