{"id":352893,"date":"2022-08-19T07:42:52","date_gmt":"2022-08-19T12:42:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/visas\/immigration-visas-for-battered-spouses-and-children.html"},"modified":"2026-05-03T09:10:00","modified_gmt":"2026-05-03T14:10:00","slug":"immigration-visas-for-battered-spouses-and-children","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/visas\/immigration-visas-for-battered-spouses-and-children.html","title":{"rendered":"Violence Against Women Act (VAWA): Visas for Battered Spouses"},"content":{"rendered":"\n
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Violence Against Women Act (VAWA): Visas for Battered Spouses<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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\n\n

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VAWA<\/span> allows abused spouses<\/span>, children, and parents of U.S. citizens<\/span> or permanent residents to seek legal status on their own, without the abuser<\/span>\u2019s knowledge or involvement. It provides a path to safety by letting eligible victims file a self\u2011petition, prove abuse, and eventually apply for a green card<\/span> if all requirements are met. To qualify, applicants must show a qualifying family relationship, battery or extreme cruelty<\/span>, shared residence with the abuser<\/span>, and good moral character<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Imagine feeling trapped in your marriage, not just emotionally but legally. For many immigrants, the fear of deportation<\/span> by an abusive U.S. citizen<\/span> or permanent resident spouse<\/span> adds a fearful layer to the helpless situation.\u00a0If you find yourself in this situation, know there are various ways out. You can take legal steps to gain control of your future\u2014including talking to an immigration attorney<\/span><\/a> for support and guidance.<\/p>\n

This article explains the Violence Against Women Act<\/span> (VAWA<\/span>) and how it protects noncitizen<\/span> victims of <\/span>domestic violence<\/span><\/a>. Find the legal steps to take to protect your rights, eligibility, and how apply. Towards the end of the article, you\u2019ll also find frequently asked questions (FAQ) about VAWA<\/span> and its protections.<\/p>\n

What Is the Violence Against Women Act<\/span> (VAWA<\/span>)?<\/h2>\n

The\u00a0Violence Against Women Act<\/span><\/a>\u00a0is a U.S. federal law designed to give protection to victims of dating violence, domestic violence<\/span>, stalking, or sexual assault<\/span>. The law offers safety and security for victims. VAWA<\/span> is also a form of relief for noncitizen<\/span> victims of abuse who are facing the threat of undergoing\u00a0removal proceedings<\/a>.<\/p>\n

Before the establishment of this law, family-based<\/span> immigration generally asked the U.S. citizen<\/span> or lawful permanent resident<\/span> (LPR) to file an immigration petition on behalf of their family members<\/span><\/a>. Some petitioners take advantage of this immigration process to take control or intimidate their family members<\/span>, threatening to withdraw the petition. VAWA<\/span> is a form of relief for noncitizen<\/span> victims of abuse.<\/p>\n

The Violence Against Women Act<\/span> of 1994 changed the narrative. It provided noncitizens<\/span> who experienced abuse by their relatives the chance to file a petition independently. With this law, the noncitizen<\/span> may file an immigration petition without the abuser<\/span>\u2019s knowledge, consent, or participation. This process gives the victim the chance to seek independence and safety from their abusers<\/span>.<\/p>\n

Green Card<\/span> Eligibility for Abused Spouse<\/span>, Child, or Parent<\/h2>\n

Under VAWA<\/span>, you are eligible to get LPR status if you are a victim of extreme cruelty<\/span> or battery committed by either of the following:<\/p>\n