VAWA Self-Petition Lawyer
If you have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or adult son or daughter, the Violence Against Women Act (VAWA) may allow you to apply for a green card on your own, without your abuser’s knowledge, signature, or cooperation. Despite its name, VAWA protects men and women equally.
Attorney Elena Vlady, an Austin-based immigration lawyer and AILA member, prepares VAWA self-petitions for clients nationwide. Because immigration law is federal, you do not need to live in Texas to work with our office.
Who May Qualify for a VAWA Self-Petition
- Spouses, and in some cases former spouses, of abusive U.S. citizens or lawful permanent residents
- Unmarried children under 21 abused by a U.S. citizen or lawful permanent resident parent
- Parents abused by a U.S. citizen son or daughter who is at least 21 years old
- Children of an abused spouse, who may be included in the parent’s petition
What a VAWA Self-Petition Must Show
- A qualifying relationship with the abuser
- That the abuser is or was a U.S. citizen or lawful permanent resident
- Battery or extreme cruelty during the relationship
- That you lived with the abuser
- Good moral character
- For spouses, that the marriage was entered into in good faith, not for immigration benefits
Your Petition Is Confidential
Federal law (8 U.S.C. § 1367) generally prohibits immigration authorities from disclosing information about your VAWA case to the abuser and from relying solely on information the abuser provides. USCIS does not notify the abuser that a petition has been filed.
What Changed in December 2025
On December 22, 2025, USCIS issued updated policy guidance on VAWA self-petitions that applies to both new filings and pending cases. The guidance gives officers broader discretion in weighing evidence and places greater emphasis on detailed, consistent, and credible documentation of every requirement. A carefully prepared petition matters more than ever.
Evidence That Can Support Your Case
- A detailed personal declaration describing the relationship and the abuse
- Police reports, protective orders, or court records, if any
- Medical, counseling, or shelter records
- Statements from friends, family members, clergy, or advocates
- Proof that you lived together, such as leases, mail, or bills
- For spouses, proof of a good-faith marriage, such as joint accounts, photos, or children’s birth certificates
- Proof of the abuser’s citizenship or green card status, if available
After You File
There is no USCIS filing fee for a VAWA self-petition on Form I-360. Processing often takes several years. Spouses, children, and parents of U.S. citizens may be able to file for a green card at the same time as the petition; spouses and children of lawful permanent residents may need to wait for a visa to become available. After approval, eligible petitioners may receive work authorization.
How We Work
We prepare VAWA petitions largely through detailed written questionnaires and a secure online client portal, so you can share your story and documents safely, privately, and at your own pace.
Frequently Asked Questions
Does the abuse have to be physical?
No. Extreme cruelty can include psychological and emotional abuse, threats, isolation, intimidation, and financial control.
Can I file if I am already divorced?
In many cases, yes, if you file within two years after the divorce and the divorce was connected to the abuse.
Can men file under VAWA?
Yes. VAWA protects survivors of any gender.
What if I am in removal proceedings?
VAWA-based relief may still be available, including VAWA cancellation of removal in immigration court. Contact us as soon as possible.
Request a Consultation
If you believe you may qualify, request a consultation through our website. If you are in immediate danger, call 911. The National Domestic Violence Hotline is available at 1-800-799-7233.
Attorney responsible for the content of this page: Elena Vlady, Law Office of Elena Vlady, PLLC, Austin, Texas. This page provides general information and is not legal advice. Immigration policies change frequently.