VAWA Requirements: How to Qualify for VAWA

Author: Ashoori Law

VAWA Requirements

OVERVIEW

    1. Introduction

    VAWA is a special law which allows the spouse and/or child of an abusive US citizen or lawful permanent resident to apply for a green card through self-petition. Through VAWA, someone can apply for a green card themselves, without the help of their abusive spouse.

    VAWA is a very powerful immigration option for both men and women.

    In this guide, I’m going to explain the VAWA requirements, so that you know what is needed to qualify. If you have any questions, please feel free to contact us at contact@ashoorilaw.com.

    As a general overview, there are 5 main VAWA requirements:

    • You must be in a qualifying relationship with an abusive US citizen or lawful permanent resident
    • You must reside in the US at the time the VAWA petition is filed and you must have resided with the abusive US citizen or lawful permanent resident at some point
    • The abusive person must be either a US citizen or lawful permanent resident
    • You must have suffered abuse at the hands of the US citizen or lawful permanent resident
    • You must be a person of good moral character

    In the guide below, we will explain each of these 5 VAWA requirements in more detail.

    2. VAWA Requirements at a Glance

    The table below summarizes the 5 main VAWA requirements and what you need to show for each one.

    VAWA Requirement What You Must Show
    1. Qualifying Relationship You are the abused spouse, child, or parent of a US citizen or lawful permanent resident
    2. Residence You reside in the US when filing; and you have lived with the abusive person at some point
    3. Abuser’s Status The abusive person is or was a US citizen or lawful permanent resident
    4. Suffered Abuse You have been battered or subjected to extreme cruelty, including physical violence, psychological abuse, rape, incest, or forced prostitution
    5. Good Moral Character You have been a person of good moral character for the 3-year period prior to filing

     

    3. Qualifying Relationship with US Citizen or Lawful Permanent Resident

    The first VAWA requirement is that you must be in a qualifying relationship with a US citizen or lawful permanent resident. There are 3 qualifying relationships recognized under the VAWA requirements:

    Marriage to a US Citizen or Lawful Permanent Resident

    One of the ways to qualify under the VAWA requirements is to be the abused spouse of a US citizen or lawful permanent resident. To qualify under this relationship, you must show that you entered into a bona fide marriage with the US citizen or lawful permanent resident. To prove a bona fide marriage, you must show that at the time of the marriage, you intended to establish a life together. If the marriage was entered into solely for immigration benefits, this will not qualify as a good-faith marriage.

    An important point to mention is that you may still qualify for VAWA even if you are not currently married to the abusive spouse. To qualify, you must show that the marriage ended within the last 2 years prior to applying for VAWA. Also, you must show that the termination of the marriage was related to the abuse.

    Abused Child of US Citizen or Lawful Permanent Resident

    You may also qualify under the VAWA requirements if you are the abused child of a US citizen or lawful permanent resident. To qualify, you must show that you have a parent/child relationship with the abusive parent.

    Parent of Abusive US Citizen

    You may also qualify under the VAWA requirements as the abused parent of a US citizen. To qualify under this category, you must show that the abusive US citizen is your child and that they are at least 21 years old.

    4. Residence Requirement

    There are 2 prongs to the residence requirement under the VAWA requirements:

    • You must reside in the US at the time the VAWA petition is filed. If you do not reside in the US at the time the VAWA petition is filed, you must show that the US citizen or permanent resident subjected you or your child to extreme cruelty or battery in the US, or that the abusive US citizen or lawful permanent resident is an employee of the US government or a member of the uniformed services.
    • You must have resided with the abusive US citizen or lawful permanent resident at some point.

    5. Citizenship Status of Abuser

    To qualify for VAWA, the abusive person must either be a US citizen or lawful permanent resident. This is one of the core VAWA requirements.

    Exception

    If the abusive US citizen or lawful permanent resident is no longer a US citizen or lawful permanent resident, you may potentially still qualify for VAWA if you file the VAWA petition within 2 years of the abusive person’s loss of status, provided the loss of status was related to domestic violence.

    6. You Must Have Suffered Abuse

    To qualify under the VAWA requirements, you must show that you suffered abuse at the hands of the US citizen or lawful permanent resident spouse or parent. Or if you are the parent of an abusive US citizen child, you must show abuse at the hands of the US citizen child.

    To demonstrate abuse in line with the VAWA requirements, you must show that you have either been battered or that you were subjected to extreme cruelty.

    Abuse is defined by the regulations to be any act or threatened act of violence. This also includes psychological abuse, rape, incest, and forced prostitution.

    7. Good Moral Character

    To qualify under the VAWA requirements, you must show that you were a person of good moral character for the 3-year period prior to filing your VAWA petition. To demonstrate good moral character, we typically include police clearances from every city where the abused person lived for at least 6 months. Additionally, we also include tax returns and declarations from friends and family of the abused person which attest to the fact that the abused person is a person of good moral character.

    8. Conclusion

    As you can see, there are 5 main VAWA requirements: a qualifying relationship with a US citizen or lawful permanent resident, the residence requirement, the abuser must be a US citizen or lawful permanent resident, you must have suffered abuse, and you must be a person of good moral character.

    You should now have a much better understanding of these requirements. If you have any questions or if you need help with your VAWA application, you may consider consulting an experienced immigration law firm for guidance. We would be happy to help you at contact@ashoorilaw.com.

    For official USCIS guidance on VAWA self-petition requirements, see the USCIS VAWA page.

    9. Related Resources

    If you are exploring VAWA requirements or related immigration topics, the following resources from Ashoori Law may be helpful:

    VAWA and Humanitarian Options:

    Marriage Green Card Resources:

    General Green Card Resources:

    Service Pages:

    10. Frequently Asked Questions

    What are the VAWA requirements?
    There are 5 main VAWA requirements: you must be in a qualifying relationship with an abusive US citizen or lawful permanent resident; you must reside in the US when filing and must have lived with the abusive person at some point; the abusive person must be a US citizen or lawful permanent resident; you must have suffered abuse (battery or extreme cruelty); and you must demonstrate good moral character for the 3 years prior to filing.

    Who qualifies for VAWA?
    VAWA is available to the abused spouse, abused child, or abused parent of a US citizen or lawful permanent resident. Despite its name, VAWA applies to both men and women. You do not need to be currently married to qualify as an abused spouse, provided the marriage ended within the last 2 years and the termination was related to the abuse.

    What counts as abuse under the VAWA requirements?
    Abuse under VAWA includes any act or threatened act of violence. This covers physical battery, psychological abuse, rape, incest, and forced prostitution. Extreme cruelty, including emotional abuse, also qualifies. The abuse must have been committed by the qualifying US citizen or lawful permanent resident.

    Can I apply for VAWA without my abusive spouse knowing?
    Yes. One of the most important features of VAWA is that it allows you to self-petition for a green card without your abusive spouse’s knowledge or cooperation. USCIS keeps VAWA petitions confidential and will not disclose information to the abusive person. For official guidance, see the USCIS VAWA page.

    Can I qualify for VAWA if my marriage has ended?
    Yes, in certain circumstances. If the marriage ended within the last 2 years before you file your VAWA petition, and the termination of the marriage was related to the abuse, you may still qualify. The marriage must have been bona fide (entered into in good faith, not solely for immigration purposes).

    What is the residence requirement under VAWA?
    You must be residing in the United States at the time you file your VAWA petition. You must also show that you have lived with the abusive US citizen or lawful permanent resident at some point. An exception applies if you are outside the US but the abuse occurred in the US or the abuser is a member of the US military or a US government employee.

    What does good moral character mean for VAWA purposes?
    To satisfy the good moral character VAWA requirement, you must demonstrate that you have been a person of good moral character for the 3-year period before filing. Evidence typically includes police clearances from every city where you lived for at least 6 months, tax returns, and declarations from friends and family attesting to your character.

    Can I qualify for VAWA if my abuser is no longer a US citizen or green card holder?
    Potentially yes. If the abuser lost their US citizen or lawful permanent resident status, you may still qualify for VAWA if you file within 2 years of the loss of status, provided the loss of status was related to domestic violence.

    Does VAWA only protect women?
    No. Despite its name, the Violence Against Women Act applies equally to men and women. Both male and female victims of abuse by a qualifying US citizen or lawful permanent resident may file a VAWA self-petition.

    Should I hire an immigration lawyer to help with my VAWA petition?
    Working with an experienced immigration attorney is strongly recommended for VAWA petitions. VAWA cases are sensitive and complex, and the documentation requirements can be demanding. An attorney can help you gather the right evidence, protect your confidentiality, and present the strongest possible case. Feel free to reach out to Ashoori Law directly at contact@ashoorilaw.com or schedule a consultation.

    About the Author

    Michael Ashoori, Esq.
    President, Ashoori Law

    Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law. Mr. Ashoori focuses his legal practice on helping individuals, families, working professionals, investors, and entrepreneurs to get visas, green cards, and citizenship to the United States. He also represents US employers sponsoring foreign workers for temporary visas or lawful permanent residence.

    The son of immigrant parents, Mr. Ashoori has a deep understanding and appreciation for the benefits of U.S. immigration. He has assisted over 1,226 clients from around the world.

    Mr. Ashoori received his Juris Doctor (J.D.) degree from UCLA School of Law and his Bachelor of Arts (B.A.) degree from UCLA.

    Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and USCIS policies are subject to change. The information on this page may not reflect the most current legal developments. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a qualified immigration attorney. You are welcome to contact Ashoori Law directly at contact@ashoorilaw.com.

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