VAWA Green Card & Protection for Survivors of Abuse

You deserve safety, dignity, and a future in the U.S. — without depending on your abuser.

The Violence Against Women Act (VAWA) allows certain immigrant spouses, children, and parents of abusive U.S. citizens or lawful permanent residents (green card holders) to apply for immigration status on their own, without the abuser’s knowledge or consent.

Our immigration team helps survivors use VAWA to break free from abuse and move toward stability, independence, and legal status in the United States.

What Is VAWA?

VAWA is a federal law that creates a path for certain immigrant survivors of:

• Physical abuse.
• Emotional or psychological abuse.
• Sexual abuse.
• Extreme cruelty.
• Threats, intimidation, or controlling behavior.

Through VAWA, you may be able to file a self-petition (Form I-360) to obtain lawful permanent residence (a green card) and protection from deportation — without the participation of your abuser.

Who Can Qualify Under VAWA?

You may qualify for VAWA if you are:

• A spouse (or former spouse) of a U.S. citizen or green card holder.
• A child (unmarried and under 21, in most cases) of a U.S. citizen or green card holder.
• A parent of an abusive U.S. citizen son or daughter (age 21 or older). In general, you will need to show that:
  • You have (or had) a qualifying relationship with the U.S. citizen or permanent resident abuser
  • You lived with the abuser at some point
  • You suffered battery or extreme cruelty
  • You are a person of good moral character

Every case is unique, and even if you’re not sure you qualify, it’s important to speak with an experienced immigration attorney to review your options.

You Can Apply Without Your Abuser’s Help

One of the most powerful protections of VAWA is that you can file on your own, safely and confidentially.

• Your abuser does not have to sign anything.
• Your abuser does not have to attend any interview.
• Your abuser does not have to know you applied.

Our team takes special care to protect your privacy, including how we communicate with you, what contact information we use, and how we handle mail and documents.

Evidence of Abuse: You Don’t Need a Police Report to Talk to Us

Many survivors feel scared or ashamed because they never called the police or went to the hospital. That does not automatically disqualify you.

Evidence in a VAWA case can include:

• Text messages, emails, voicemails, or social media messages.
• Photos, medical records, or notes from therapists or counselors.
• School records or reports from social workers.
• Declarations from friends, family, neighbors, or church leaders.
• Your own detailed personal statement.

Our attorneys will guide you in gathering the strongest possible evidence while keeping your safety as the top priority.

Possible Benefits of a Successful VAWA Case

If your VAWA self-petition is approved, you may be eligible for:

• Work authorization (work permit).
• Protection from deportation.
• Path to lawful permanent residence (green card).
• In some cases, the ability to include certain qualifying children.

Long term, this may also open a path to U.S. citizenship if you choose to apply and meet the requirements.

How Diaz and Gaeta Law Supports VAWA Survivors

Working with survivors requires more than legal knowledge — it requires compassion, patience, and respect. When you work with our team, you can expect:

• Trauma-informed guidance at every step.
• Clear explanations in plain language, not legal jargon.
• Careful planning to protect your privacy and safety.
• Coordination of your immigration case with any criminal, family, or protective order cases you may have.
• An experienced team that understands how VAWA cases are reviewed and what USCIS looks for.

You are not just a “case file” to us. You are a person who deserves safety and a chance to rebuild.

Take the First Step in Private and Safely

If you are experiencing abuse — or have in the past — and your spouse, parent, or adult child is a U.S. citizen or permanent resident, we encourage you to reach out.

If you are currently in immediate danger, please call 911 or your local emergency number first. You may also reach out to the National Domestic Violence Hotline at 1-800-799-7233 or by text/chat through their website.

Ready to Talk?

You don’t have to stay in an abusive situation to keep your immigration status.

Our immigration attorneys can review your story, explain your options under VAWA, and help you create a plan to protect yourself and your family.

Schedule a confidential consultation today and take the first step toward safety and stability in the United States.