Immigration Relief For Abused Non-Citizen Spouses (VAWA/VAMA)

VAWA permits non-citizens who are married to abusive United States citizen or lawful permanent resident spouses to gain lawful status on their own without having to rely on abusive spouses to start and complete the process.

VAWA provides that:

an abused spouse or child (unmarried and under 21 years of age) of a United States citizen or lawful permanent resident or

an abused parent of an adult United States citizen son or daughter can self-petition for lawful immigrant status in the United States. Most of these petitions allow for petitioning on behalf of children as derivatives.

VAWA is a complicated law but the basic requirements for self-petitioning spouses are:

1. The abuser is or was a USC or LPR

2. The non-citizen is or was legally married to the abuser and the marriage was a good faith marriage

3. The abuser abused the non-citizen during their marriage.

4. As a general rule the non-citizen must be living in the US when s/he seeks to file the petition

Gender is not a factor in determining eligibility for VAWA - men or women who meet the requirements for eligibility may file.

VAWA applications can be difficult legally and emotionally. Our office has successfully completed many VAWA petitions. We are equipped to deal with the special requirements of these cases and are sensitive to the concerns that parties considering this option may have.

If you would like to schedule a consultation to discuss this issue, please call the office at 860-761-3400.