{"id":351822,"date":"2016-04-04T11:02:35","date_gmt":"2016-04-04T16:02:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/domestic-violence\/the-domestic-violence-green-card-immigrant-visa-petitions-for-vi.html"},"modified":"2023-05-25T07:31:38","modified_gmt":"2023-05-25T12:31:38","slug":"the-domestic-violence-green-card-immigrant-visa-petitions-for-vi","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/domestic-violence\/the-domestic-violence-green-card-immigrant-visa-petitions-for-vi.html","title":{"rendered":"VAWA and the ‘Domestic Violence Green Card’"},"content":{"rendered":"\n
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VAWA and the 'Domestic Violence Green Card'<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Under the Violence Against Women Act, noncitizens domestic abuse survivors can apply for the ‘Domestic Violence Green Card". Survivors can file the petition for this green card on their own.  They do not need to rely on a spouse or partner to apply for this green card.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

The U.S. Customs and Immigration Service (USCIS) and U.S. immigration courts govern the issuance of green cards and immigrant visas. A green card is a U.S. legal permanent resident card. It permits a non-citizen to live in the U.S. legally for an indefinite period of time. A visa allows a non-citizen to enter, leave, or remain in the U.S. for a definite period of time.
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A domestic violence green card and certain visas can be granted to non-citizens, including undocumented persons, depending on the circumstances. Oftentimes, the non-citizen must cooperate with law enforcement to prosecute their abusers.<\/p>\r\n

Surviving an abusive relationship is always difficult. If you are a non-citizen or do not legally reside in the U.S., you may be unaware of the law. You may not know where to go for help. You may face language barriers. You may be afraid that making a police report or seeking a protection order for domestic abuse may lead to deportation.<\/p>\r\n

Immigration status need not be a barrier to getting the help you need. Federal and state laws may be available to help you regardless of legal status. The domestic violence green card and visa protections are designed to assist battered spouses, partners of abusive U.S. citizens, and other survivors of domestic violence.<\/p>\r\n

The following is an overview of domestic violence green card and visa protections for victims of domestic violence.<\/p>\r\n

The Domestic Violence VAWA Green Card<\/h2>\r\n

Green cards<\/a> (permanent resident status documents) are often obtained when a family member or an employer sponsors an immigrant’s application to reside in the United States on a permanent or long-term basis. In the past, an immigrant spouse could only seek a green card through the cooperation of their U.S. citizen spouse. But the U.S. citizen spouse rarely cooperated after physical abuse allegations.<\/p>\r\n

The Violence Against Women Act<\/a> (VAWA) provided a route for legal immigration for non-citizen victims of domestic violence. Under VAWA, immigrant women who claim domestic abuse may self-petition for a green card<\/a>. They can petition independently of their spouse. This is called a VAWA self-petition.<\/p>\r\n

If a victim’s VAWA self-petition is approved, she can file for a green card. She does not need to be a lawful permanent resident to apply. This is often referred to as a VAWA green card. She can also apply for a work authorization permit. This is also known as an employment authorization document (EAD). If the VAWA self-petitioner is outside the U.S., she can apply through the consulate process.<\/p>\r\n

The VAWA self-petition and other forms of relief discussed here are open to both women and men.<\/p>\r\n

Benefits of a Domestic Violence VAWA Green Card<\/h2>\r\n

When you independently apply for a VAWA green card without an American citizen filing on your behalf, you will be identified as a VAWA self-petitioner. VAWA self-petitioners who obtain permanent residency status are also entitled to the following:<\/p>\r\n