Abuse has no justification, at any time.
If you feel trapped, scared or afraid of tomorrow, know this- you are not alone. Hope exists, and a way forward exists.
For immigrants living with abuse, there is a lifeline. It is called VAWA. It gives you the chance to stand on your own feet. It gives you the chance to apply for legal status in the U.S. without the shadow of your abuser. Spouse. Parent. Even adult child. Whoever caused the harm- VAWA breaks their control. It is about freedom, safety and most importantly you.
This blog explains how Vawa can help survivors reclaim their safety, dignity, and freedom especially for those living in Bronx, NY or anywhere across New York City.
What Is the Vawa?
The Vawa allows certain victims of domestic abuse to apply for lawful permanent residence or a green card in the United States without their abuser’s consent or participation.
Under VAWA, victims can file a self-petition- a confidential process handled entirely by the survivor and their immigration attorney. This visa is designed for:
- Spouses of U.S. citizens or lawful permanent residents (LPRs)
- Children (under 21 and unmarried) of abusive U.S. citizens or LPRs
- Parents of abusive U.S. citizen children aged 21 or older
This law acknowledges the complex power dynamics of abuse and removes the fear of deportation used by abusers to control their victims.
Who Qualifies for Vawa?
VAWA self-petitioners must be abused by a U.S. citizen or LPR spouse, parent, or child. Criteria vary by relationship
Abused Spouses:
- You must be or have been legally married to a U.S. citizen or LPR.
- The marriage must be entered into in good faith, not solely for immigration benefits.
- You must have suffered battery or “extreme cruelty” during the relationship.
- You must have lived with the abuser at some point.
- You must demonstrate “good moral character.”
If your marriage ended in divorce, you have two years from the divorce date to file under VAWA.
Abused Parents:
- You must be the parent of a U.S. citizen child (21 or older).
- Abuse can be emotional, psychological, or physical.
- You must have lived with the child at some point.
- You must prove good moral character.
Abused Children:
- Children abused by a U.S. citizen or LPR parent can self-petition up to age 25 if they can show the abuse delayed the application.
What Counts as Abuse Under VAWA?
Abuse is not limited to physical violence. VAWA also covers emotional, psychological, sexual, and economic abuse.
Examples include:
- Threats of deportation or reporting to immigration.
- Isolation from friends or family.
- Controlling access to money or legal documents.
- Humiliation, gaslighting and intimidation.
- Physical assault, even once, or verbal threats.
Even if you only lived with the abuser for a few days or lived with them outside the U.S., you may still qualify.
How the Vawa Empowers Survivors
The Vawa is more than just a legal document, it’s a path to safety and independence.
You Don’t Need the Abuser’s Consent
Many immigrants stay silent because they fear that leaving or reporting abuse will endanger their immigration status. VAWA removes that fear. You can self-petition without the abuser knowing or helping.
You Can Work and Live Freely
Once your VAWA petition is approved then you may apply for work authorization and even a green card. That gives you the chance to rebuild your life with stability and without fear.
Your Children May Also Qualify
Even if your children were not abused, they may be included as derivatives in your application and receive protection as well.
Required Documents and Proof
You’ll need to submit evidence of the relationship, abuse, and your moral character. A VAWA immigration attorney can help gather and present these documents clearly and safely.
Some examples include:
- Police reports or restraining orders
- Medical or psychological records
- Emails, texts, and photos
- Personal statements
- Letters from friends, family, clergy or counselors
- Marriage and birth certificates
- Employment records and immigration history
What If You’re in Bronx, NY?
If you’re located in Bronx, NY or White Plains, NY, know that help is available nearby. VAWA petitions can be filed no matter where you live but working with a VAWA immigration attorney in New York City who understands local courts and procedures can give you peace of mind and stronger support.
At Genova Law, we’ve guided many clients across the five borough including the Bronx and in White Plains, NY through the VAWA process with care, compassion, and confidentiality.
Why Legal Help Matters
Filing a Vawa application involves many legal steps, deadlines, and documents. It’s not something you need to face alone. Working with an immigration attorney gives you the best chance at success. An experienced lawyer can help:
- Prepare and file your self-petition
- Collect and organize evidence
- Ensure confidentiality and safety
- Answer your questions at every step
Take the First Step Toward Safety
If you are facing abuse and feel stuck because of your immigration status, it’s time to take back control. The Vawa exists to protect you, and it’s here for you- no matter your gender, age, or background.
At Genova Law, our experienced VAWA immigration attorneys in New York City are here to help. We will walk you through the self-petition process, protect your rights and advocate for your safety and future. Your story matters. And your safety comes first.
Ready to Talk? If you or someone you know may qualify for a Vawa, schedule a confidential consultation with Genova Law today. You don’t have to face this alone.
Common Questions About the Vawa
Do I need to be currently living with the abuser?
No. You only need to show that you lived together at some point.
Will filing a VAWA case affect the abuser’s status?
No. Your petition is confidential. USCIS does not inform the abuser.
Can men apply under VAWA?
Absolutely. VAWA protects anyone, regardless of gender.
Also Read: How a Cancellation of Removal Lawyer Can Help You Win Your Deportation Case
