Maria married a U.S. citizen who constantly threatened to call immigration if she left him. He controlled her finances, isolated her from friends, and refused to file her papers. Through VAWA, Maria was able to apply for her green card independently — without his help or knowledge — and now lives safely with her children.
What Is VAWA?
VAWA stands for the Violence Against Women Act — a U.S. law that protects immigrants who have experienced abuse by a U.S. citizen or lawful permanent resident (green card holder).
Although the name mentions “women,” VAWA helps everyone — women, men, and children — who have suffered domestic violence, cruelty, or extreme emotional abuse.
This law was created so that victims do not have to stay in an abusive relationship just to keep their immigration status. It allows them to apply for legal status on their own, safely and confidentially — without their abuser’s involvement.
Why Was VAWA Introduced?
Before VAWA, many immigrants felt trapped. Their abusive spouse, parent, or child controlled their legal status — and often used that control as a weapon. Abusers could:
- Threaten to withdraw or destroy immigration papers
- Refuse to file the green card application
- Use fear of deportation to maintain control and silence victims
To stop this, the U.S. government passed VAWA. The goal is simple: protect victims, restore independence, and give survivors a path to a safe and stable life.
Who Can Apply for VAWA?
You may be eligible for VAWA if you are:
- Married to or recently divorced from a U.S. citizen or green card holder who abused you
- The child (under 21) of a U.S. citizen or green card holder who abused you
- The parent of a U.S. citizen (age 21 or older) who has abused you
Abuse can take many forms — not only physical violence. It may include:
- Emotional or psychological abuse (insults, manipulation, isolation)
- Sexual abuse or unwanted contact
- Financial control (withholding money, access to work, or documents)
- Immigration-related threats (“I’ll have you deported if you leave”)
Real-Life Examples of VAWA Protection
Carlos, a 19-year-old student, was verbally and physically abused by his lawful permanent resident father. His father used immigration threats to control him. Under VAWA, Carlos filed as the abused child of an LPR and is now protected from deportation while waiting for his green card approval.
Mrs. Li’s adult U.S. citizen son became aggressive and controlling after she moved in with him. He took her money and restricted her food. VAWA allows Mrs. Li, as the parent of an abusive U.S. citizen, to self-petition for legal status and live independently without fear.
James, a man from Jamaica, was married to a U.S. citizen husband who emotionally and physically abused him. VAWA covers all marriages regardless of gender. James was able to file a confidential self-petition and now has his work permit while awaiting green card approval.
Aisha’s husband never hit her, but controlled every dollar she earned and wouldn’t let her contact family. He also refused to renew her visa. VAWA recognizes “extreme cruelty,” so Aisha qualified even without police reports — her testimony and counselor letters helped prove her case.
How to Apply for VAWA (Step-by-Step with Timeline)
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Talk to an Immigration Attorney (1–2 Weeks)
- Confirm your eligibility
- Plan for safe, confidential filing
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Gather Evidence (1–3 Months)
- Proof of relationship, abuse, cohabitation, and good moral conduct
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File Form I-360
- Petition filed confidentially with USCIS
- Receive case receipt (2–4 weeks)
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Prima Facie Determination (3–6 Months)
- Temporary eligibility notice to access limited benefits
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VAWA Petition Review (24–48 Months)
- USCIS reviews case; possible request for more evidence
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Apply for Green Card (1–2 Years)
- File Form I-485 and apply for work/travel permits
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Build Your New Life
- Receive green card, gain stability and independence
Why Choose Sakhniuk Immigration Law for Your VAWA Case?
- ✅ Personalized Attention – Your story matters to us. We don’t treat clients like case numbers.
- ✅ Confidential Consultations – Your safety is our top priority. We file VAWA petitions discreetly and securely.
- ✅ Multilingual Support – We offer services in English, Russian, and Ukrainian.
- ✅ Experience with Complex Cases – We’ve successfully helped abuse survivors from all backgrounds.
- ✅ Full-Service Support – From evidence gathering to green card filing, we guide every step of your journey.
- ✅ Empathy and Respect – We understand trauma and treat every client with dignity and compassion.
VAWA – Frequently Asked Questions
1. What is VAWA and how does it help immigrants?
VAWA (Violence Against Women Act) is a U.S. immigration law that allows victims of abuse by a U.S. citizen or green card holder to apply for legal status without the abuser’s knowledge or consent. It protects immigrants from deportation and offers a confidential path to a green card.
2. Who can apply for VAWA?
You may qualify if you are the spouse, child (under 21), or parent of a U.S. citizen or lawful permanent resident (green card holder) and have suffered abuse — including emotional, physical, sexual, financial, or immigration-related threats.
3. Can men or LGBTQ+ individuals apply under VAWA?
Yes. VAWA protects everyone — regardless of gender, gender identity, or sexual orientation. Same-sex spouses, parents, and children can all qualify if they’ve experienced abuse by a qualifying U.S. citizen or LPR.
4. Will the abuser be notified if I apply?
No. VAWA filings are completely confidential. USCIS will not contact or alert the abuser in any way. Your safety and privacy are protected by law.
5. Do I need police reports to file a VAWA petition?
No. While police or court documents help, they are not required. Personal affidavits, therapist letters, and witness statements can be enough to prove abuse under the standard of “extreme cruelty.”
6. How long does the VAWA process take?
VAWA petitions (Form I-360) typically take 24–48 months for USCIS to process. However, you may receive a Prima Facie Determination within 3–6 months, which offers access to some benefits and protections while your case is pending.
7. What happens after VAWA approval?
After USCIS approves your VAWA petition, you may apply for a green card (Form I-485), work permit, and travel document. You can also apply for U.S. citizenship after three years of permanent residency.
8. Can I get help even if I live outside Chicago?
Absolutely. Although our office is based in Chicago, we work with clients throughout the United States and worldwide. Consultations can be conducted via phone or secure video.
9. Do you speak Russian or Ukrainian?
Yes. Attorney Oksana Sakhniuk is fluent in both Russian and Ukrainian. Our team serves clients in English, Russian, and Ukrainian to make the VAWA process accessible and clear.
10. How can I get started?
Contact us to schedule a confidential consultation. We’ll explain your rights, review your eligibility, and guide you through each step of the VAWA process with care and discretion.
Ready to Reclaim Your Safety and Future?
You do not have to face this alone. At Sakhniuk Immigration Law, we understand the pain, fear, and confusion that can come with abuse — and we’re here to help.
Schedule a 100% confidential consultation today. We’ll listen to your story, explain your options, and walk you through the VAWA process step by step — always with compassion, respect, and a focus on your safety.
Whether you’ve experienced emotional abuse, threats, or control over your immigration status, you have rights — and a path forward.
Let’s take the first step toward your new beginning.
if you have additional questions about immigration to the United States, please contact us or schedule a consultation.