Call Today

407-329-7711

VAWA

Protection for Survivors of Domestic Violence & Abuse

Orlando VAWA Attorneys

Compassionate Legal Guidance

In 1994, the Violence Against Women Act (VAWA) was introduced in an effort to give noncitizens the ability to pursue immigration protections should they suffer from abuse or exploitation. Previously, immigrants pursuing marriage-based visas were forced to endure the potential for domestic violence in order to guarantee the cooperation of their abusive U.S. citizen or lawful permanent resident spouse.

Other noncitizens working in the U.S. while undocumented were meanwhile compelled not to report any exploitative behavior of colleagues or management for fear of reprisal.

VAWA and similar legislative efforts have been augmented and expanded several times since its original introduction, extending permanent immigration benefit options to those who have been the victims of domestic violence, sexual assault, violent crimes, or human trafficking.

Our Orlando VAWA lawyers at Angel Law Firm, PL can help any noncitizen who has suffered abuse in the United States explore their immigration options. We are familiar with the policies and procedures involved in these unique situations and will do everything possible to get you the protection that you need.

You do not have to face the U.S. immigration system alone. Call (407) 329-7711 or contact us online to discuss your situation.

Using the VAWA “Self-Petition”

 Many standard United States immigration procedures involve “filing jointly” with a sponsoring loved one to obtain a corresponding benefit. This dynamic can create unfortunate scenarios where a noncitizen is effectively “trapped” into not upsetting their sponsoring loved one, who may choose to improperly take advantage of the situation.
 

VAWA enables victims of domestic violence, child abuse, or elder abuse to “self-petition” for family-based visas. By self-petitioning, victims avoid having to involve their abusive partners, parents, or adult children. Noncitizen spouses may also divorce their abusive partners and still self-petition so long as they file within 2 years of the legal separation. They will need to demonstrate that the domestic violence or abuse led to the divorce.

Many people believe that the Violence Against Women Act (VAWA) is only for women, but that’s not true. VAWA provides protection for all survivors of abuse, regardless of gender. Men, non-binary individuals, and LGBTQ+ individuals who have suffered abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child may also qualify for immigration relief under VAWA

There are no limits to the number of VAWA self-petitions granted annually. However, recipients are still subject to the same procedural processing times consistent with the visa they were originally seeking. This means that unmarried children under the age of 21 and spouses of U.S. citizens will be considered “immediate relatives” and face no additional wait. Other family members will operate as “family preference relatives” and will need to wait for a visa to become available.

Successful VAWA self-petitions ultimately allow noncitizens to obtain lawful permanent residency. While waiting for their green card, beneficiaries will be granted deferred action and work authorization, allowing them to continue living and working in the U.S. until their case has been adjudicated.

In order to qualify, VAWA self-petitioners will need to establish:

Their relationship to the abuser

Residency with the abuser

Good moral character

The immigration status of the abuser (i.e. proving that they are a citizen or lawful permanent resident)

That the marriage was entered into in good faith if the self-petitioning involves a marriage visa

If you have suffered abuse from a U.S. citizen or lawful permanent resident spouse, parent, or adult child, our team can help you explore your immigration options. We can determine if you qualify, gather the necessary evidence, and walk you through the self-petitioning process.

Contact Angel Law Firm Today!

Our attorneys and staff speak both English and Spanish. We will speak to you in whichever language you are most comfortable with to ensure smooth communication. Get in touch with us today to get started.

Frequently Asked Questions

Clear and Detailed Answers to Help You Understand Your Case

What is VAWA and how does it help immigrants?
VAWA (Violence Against Women Act) allows certain survivors of domestic violence, abuse, or cruelty by a U.S. citizen or permanent resident spouse, parent, or child to apply for legal status without relying on their abuser. This provides protection and a pathway to permanent residency.

VAWA covers:

  • Spouses who are abused by a U.S. citizen or lawful permanent resident spouse.
  • Children who are abused by a U.S. citizen or permanent resident parent.
  • Parents who are abused by their U.S. citizen children.

It is important to note that VAWA is not reserved only for women, but any person who is in an abusive relationship and meets the guidelines can apply.

If applying as a spouse, you must be married or show that the marriage ended due to abuse, divorce, or the abuser’s death. If you are a child or parent of the abuser, marriage is not required.
You will need to provide:
  • Evidence of your relationship with the abuser (marriage certificate, birth certificate, etc.).
  • Proof of abuse (police reports, medical records, therapy records, affidavits from witnesses, etc.).
  • Proof that you lived with the abuser.
  • Proof of good moral character (police clearance records, letters from community members, etc.).

No. VAWA is a confidential process, and the abuser will not be notified of your application. You can apply without their knowledge or consent.

Immigration News & Law Updates

Stay Informed with the Latest in Immigration and Legal Insights

Reversal of Extension of TPS for the Venezuelan Community in the US

January 27, 2025

On February 1, 2025, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Venezuelan nationals, a decision

The Laken Riley Act: Transforming U.S. Immigration Enforcement

January 27, 2025

On January 29, 2025, President Donald Trump signed the Laken Riley Act into law, marking a significant shift in U.S. immigration policy. Named

The Importance of the I-751 Removal of Conditions Process for Immigrants in the Current Political Climate

January 22, 2025

Why Removing Conditions on Your Green Card (I-751) Is So Important Right Now If you received your green card through marriage, you’re probably