VAWA – Victim of Domestic Violence

The VAWA visa allows certain spouses, children and parents of US citizens and certain spouses and children of permanent residents to apply for a special visa for victims of domestic violence. This petition for themselves, can be done without the knowledge of the abuser. This visa is for men and women alike. If you are a victim of domestic violence please seek help. It is not true, you will not be deported if you seek help, it is not true that your children will be taken away, you should seek the help of the authorities immediately.

¿How is it obtained?

It is obtained by applying with the I-360 form. On many occasions, the person who obtains the VAWA visa may apply for residency after the approval of the I-360.

¿Which are the requirements?

Eligibility requirements for a spouse:

  • You are married to an abusive permanent resident or citizen of the United States.
  • You are married or your marriage with the abuser was terminated by death or a divorce (related to the abuse) within 2 years before filling out the visa petition.
  • Your spouse lost or gave up their citizenship or permanent resident status within the 2 years before filing your petition due to a domestic violence incident.
  • You were legally married to the abusive American citizen or permanent resident, but the marriage was not legitimate solely because of the bigamy of the abusive spouse.
  • You suffered domestic violence at the hands of your spouse. The violence can be physical or psychological.
  • You got married in good faith, not just to get immigration benefits.
  • You have lived with your spouse.
  • You are a person of good moral character.

Eligibility requirements for a child:

  • You are the son/daughter or stepchild of a permanent resident abuser or citizen of the United States.
  • You are the son/daughter of a permanent resident abuser or citizen of the US. Who lost citizenship or permanent legal status due to an incident of domestic violence.
  • You have been a victim of domestic violence at the hands of your American parent or stepfather or legal resident of the United States.
  • You live or have lived with this abusive parent.
  • You are a person of good moral character; A child less than 14 years of age is presumed to be a person of good moral character.

Eligibility requirements for parents:

  • You are the father of a United States citizen over 21 years of age. If the child has died, the applicant must submit the application before the second anniversary of the death of the child.
  • You have suffered domestic violence or extreme cruelty at the hands of the child citizen.
  • You lived with the abuser son.
  • You are a person of good moral character.
¿How can we help you?

Depending on your situation and if you meet all the requirements, our office will help you in every step of the way for you to obtain your visa and subsequently your residence if you are eligible.