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IL 60540

Call Us Today

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

At Kasturi Law, LLC, our founding attorney, Shobhana Kasturi, understands immigrants often face unique challenges, but for those experiencing abuse from a family member, the obstacles can feel insurmountable.

The Violence Against Women Act (VAWA) offers a vital lifeline for survivors of abuse, providing a pathway to safety, independence, and lawful immigration status in the U.S.

With nearly three decades of legal experience, including over a decade dedicated to helping individuals and families across Illinois, she understands how VAWA works and how its relationship to family-based immigration can empower survivors to take action, escape dangerous situations, and build a secure future.

Here’s what you need to know about VAWA and the options it provides.

Family-Based Immigration

What is VAWA?

The Violence Against Women Act, enacted in 1994, provides protections for survivors of domestic violence, sexual assault, and other forms of abuse. While the name references women, the law applies to anyone—men, women, and children—who are victims of abuse by a U.S. citizen or lawful permanent resident family member.

VAWA allows survivors to self-petition for immigration benefits without needing the cooperation or sponsorship of their abuser. This is particularly important for those who fear retaliation or further harm if they rely on their abuser for their immigration status.

Who Qualifies for VAWA Self-Petitioning?

To qualify for a VAWA self-petition, you must meet specific criteria based on your relationship with the abuser and the abuse you have endured.

Eligible Relationships

  • Spouses: If you are or were married to a U.S. citizen or green card holder who has abused you, you may file a VAWA self-petition. This includes situations where the marriage has ended due to divorce or death, as long as the abuse occurred during the marriage.
  • Children: Unmarried children under 21 who are subjected to abuse from parents who are U.S. citizens or green card holders can self-petition under VAWA.
  • Parents: Parents of abusive U.S. citizen children who are 21 or older can also seek VAWA protections.

Criteria for Filing

  • Proof of Abuse: You must demonstrate that you suffered physical abuse or extreme cruelty. This can include emotional, psychological, or financial abuse, not just physical violence.
  • Proof of Relationship: Provide evidence of your relationship to the abuser, such as marriage certificates, birth certificates, or other documentation.
  • Good Moral Character: You must show good moral character, typically evidenced by a lack of serious criminal history.

How VAWA Fits into Family-Based Immigration

In family-based immigration, U.S. citizens and green card holders can petition for their spouses, children, or parents to obtain lawful status. However, this process often relies on the cooperation of the sponsoring family member. For survivors of abuse, this dependence can become a tool of control and manipulation.

VAWA breaks this dependency by allowing survivors to self-petition, putting the power back in their hands.

Once a VAWA self-petition is approved, the survivor can:

  • Apply for a Green Card: If the survivor meets eligibility requirements, they may apply for lawful permanent residency without the abuser’s involvement.
  • Access Work Authorization: Survivors can obtain work permits while their cases are pending, helping them achieve financial independence.

What are the Steps to Filing a VAWA Self-Petition?

Filing a VAWA self-petition is a critical step toward safety and independence for survivors of abuse. It begins with submitting Form I-360, which details your relationship with the abuser, the abuse you experienced, and your eligibility. Supporting evidence, such as police reports, affidavits, or emails, strengthens your case and helps tell your story.

Once your Form I-360 is approved, you may apply for a green card by filing Form I-485 to secure lawful permanent residency. VAWA ensures confidentiality, protects against deportation, and provides access to work permits and, in some cases, public benefits, helping you transition to independence.

Although the process can feel overwhelming, it empowers survivors to regain control of their lives. With the proper legal guidance, you can take this vital step toward a safer, more secure future.

Why Legal Support Matters in VAWA Cases

Filing a VAWA self-petition can be complex, requiring detailed evidence and careful attention to legal requirements.

Our experienced immigration attorney can:

  • Help you gather the necessary documentation to support your case.
  • Ensure your application is complete, accurate, and compelling.
  • Guide you through the adjustment of status process to secure a green card.
  • Advocate on your behalf to overcome obstacles or challenges in your case.

By understanding the protections available and seeking the proper support, survivors can take control of their future and build a life free from harm.

Contact Our Immigration Lawyer at Kasturi Law, LLC Today

If you or someone you know is facing abuse and needs guidance on VAWA or family-based immigration, our compassionate legal team is here to help. Contact us today to explore your options and take the first step toward a brighter future.

We’re here to support you in the way that works best for you—whether it’s an in-person meeting, a phone call, or a  Zoom session. You can easily schedule a 30-minute or 60-minute consultation through our online calendar. Your time matters to us, and we’re committed to giving your immigration concerns the care and attention they deserve so you can move forward with confidence.