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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Filing a Violence Against Women Act (VAWA) self-petition allows certain abused spouses, children, and parents of U.S. citizens or permanent residents to seek immigration relief without the abuser’s knowledge or involvement.

Our Illinois immigration and nationality law attorney and law firm founder, Shobhana Kasturi, at Kasturi Law, LLC, has over 27 years of legal experience and a decade of experience representing victims of abuse who are seeking a path to safety and security so they can confidently move forward with their lives in the U.S.

Immigration Relief

While every VAWA case is unique, to follow is a general guideline on how individuals and families seeking this crucial immigration protection can get started.

Steps to Pursue VAWA Self-Petition for Immigration

The very first step in pursuing any immigration petition is to ensure you are eligible.

VAWA self-petitions are reserved for:

  • Spouses: You must be married to a U.S. citizen or lawful permanent resident and have suffered abuse or extreme cruelty.
  • Children: You must be the child of a U.S. citizen or lawful permanent resident and have been abused by the parent.
  • Parents: You must be the parent of a U.S. citizen and have suffered abuse from your son or daughter.

Next, you must complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. You must include detailed information about your relationship with the abuser, your current status, and evidence of abuse, which may include:

  • Proof of Relationship: Provide documentation proving your relationship to the abuser, such as a marriage certificate, birth certificate, or evidence of legal parentage.
  • Proof of Abuse: Include evidence of the abuse, such as police reports, medical records, protection orders, photographs, witness affidavits, and any other documentation that supports your claim of abuse or extreme cruelty.
  • Good Moral Character: Provide evidence of your good moral character, such as affidavits from friends, family, or community leaders.

You should also submit proof that you lived with the abuser and evidence of the abuser’s U.S. citizenship or lawful permanent residency (birth certificate, green card, or naturalization certificate). There is no U.S. Citizenship and Immigration Services (USCIS) filing fee for VAWA self-petitioners. Be sure to keep copies of everything you submit for your records.

After filing, USCIS will review your petition. If approved, you will be considered a “prima facie” VAWA petitioner, which may grant you access to certain benefits, such as public assistance or work authorization. Once your self-petition is approved, you can pursue lawful permanent residency (green card) if you meet the other requirements.

Although it is possible to file a VAWA self-petition independently, our VAWA immigration attorney can provide crucial guidance for your case, including helping you gather evidence, prepare affidavits, and navigate the complexities of the process, especially if there are any legal complications or risks of denial.

Contact Our Immigration Law Firm Today

Contact our immigration law firm today to schedule a consultation. Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.