VAWA self-petitions
and family-law concerns

Who may be eligible

VAWA allows qualifying survivors to file Form I-360 on their own behalf. Spousal and child cases may involve an abusive U.S. citizen or lawful permanent resident; parent cases require an abusive U.S. citizen adult son or daughter. The specific relationship, relevant dates, and other eligibility requirements must be reviewed.

Protections are not limited to women. A spousal petition requires attention to the good-faith marriage, qualifying abuse, residence history, good moral character, and the other applicable requirements. Former spouses may qualify in certain circumstances, making the divorce date and its connection to the abuse important to review promptly.

USCIS references: USCIS: VAWA eligibility and evidence · Form I-360

Evidence should describe your actual experience

Start with a factual timeline and whatever records you can safely access. Relevant material may include your account, communications, available court or police records, medical or counseling records, and statements from people with knowledge of the events. We discuss the available evidence and any gaps.

Battery or extreme cruelty requires an individual evaluation. An unhappy marriage does not automatically establish eligibility, and no particular label should replace a truthful account of what occurred. You do not need a complete file before asking for a review.

Divorce, custody, and immigration remain separate proceedings

Tell us whether family-court proceedings are pending and bring the orders and notices. We can discuss the legal needs in each matter and how documents, dates, and communication should be coordinated.

A family-court order does not itself approve a VAWA petition. If you already have marriage-based conditional residence, an I-751 waiver may raise a different set of questions. Neither procedure should be treated as interchangeable with the other.

Conditional green cards and divorce · Family law and immigration overview

Filing, approval, residence, and work authorization are different steps

A VAWA self-petition and an application for permanent residence are different filings. Eligibility for the next step depends on the circumstances, including the applicable immigration category and other requirements.

Do not assume that filing Form I-360 alone automatically grants a green card, permission to work, or protection against removal. Employment authorization may depend on an approved self-petition or another qualifying basis, such as an eligible pending adjustment application. Bring existing work cards and notices so their basis and validity can be reviewed.

USCIS references: USCIS: green cards for VAWA self-petitioners · USCIS: adjudicating VAWA petitions

VAWA and U visas have different requirements

A U visa petition concerns qualifying criminal activity and has its own evidence and certification requirements. It is not automatically available whenever a person experiences abuse or files for divorce. Discuss the facts without assuming that the procedures are substitutes for one another.

Read the U visa overview.

USCIS references: USCIS: U nonimmigrant status

What to bring to the first discussion

You can begin the conversation before collecting everything. If obtaining a document would put you at risk, tell us what is missing so we can discuss other sources.

Tell us how to reach you safely

If someone monitors your phone, email, or mail, tell us which contact method and times are safe before sharing sensitive details. Tell us whether we may leave a voicemail. Use a device and account you can access safely.

For an Oakland County divorce or custody matter involving immigration concerns, ask for a consultation covering both practice areas. Bring upcoming court and immigration dates to our attention at the first contact.