Leaving an abusive spouse — without losing your immigration status.

What VAWA actually is

The Violence Against Women Act (VAWA) — despite its name — applies to victims of all genders. It allows certain abused family members of U.S. citizens or lawful permanent residents (LPRs) to self-petition for immigration status without the abuser's knowledge, cooperation, or signature.

Who can file:

• Abused spouses of U.S. citizens or LPRs (current or former, including divorced spouses if the petition is filed within 2 years of divorce)
• Abused children (under 21, unmarried) of U.S. citizens or LPRs
• Abused parents of U.S. citizen children (the children must be 21 or older)

The petition is confidential. USCIS does not notify the abuser. The mailing address you use for the case can be a P.O. box, a friend's address, or a domestic violence shelter — the abuser never receives notice that you've filed.

What you have to prove

To win a VAWA self-petition, you must establish:

1. Qualifying relationship to a U.S. citizen or LPR

Marriage certificate, birth certificate, or other proof that you are or were the spouse, child, or parent of a U.S. citizen or LPR.

2. The abuser's U.S. citizenship or LPR status

This is sometimes difficult — you may not have copies of the abuser's documents. We can use indirect evidence: tax returns showing their citizenship, employer records, voter registration, USCIS records, or sworn statements from people who know them.

3. The marriage (or relationship) was entered in good faith

Same standard as the I-751 — proof that the relationship was real, not for immigration. Joint documents, photos, witnesses.

4. Battery or extreme cruelty by the abuser

"Extreme cruelty" is broader than physical violence. It includes:

• Physical abuse (hitting, pushing, restraining, sexual assault)
• Psychological/emotional abuse (intimidation, threats of deportation, isolation from family, controlling movements)
• Financial abuse (controlling all money, preventing work, destroying documents)
• Threats against children
• Forced isolation, monitored communication

Evidence can include police reports, medical records, restraining orders, sworn statements from witnesses, photos of injuries, your own detailed declaration, and records from domestic violence advocates or counselors.

5. You lived with the abuser at some point

Joint lease, joint mail, joint utilities. Doesn't have to be currently — at any point during the relationship.

6. Good moral character

Police clearance, no serious criminal record (some convictions create bars).

What VAWA gives you

An approved VAWA self-petition (Form I-360) provides:

• A path to a green card — you can adjust status (file Form I-485) if you're in the U.S. and otherwise eligible. Spouses and children of U.S. citizens are immediate relatives and can adjust right away. Spouses of LPRs may have a wait depending on the visa bulletin.
• Work authorization — you can apply for employment authorization (Form I-765) while the case is pending.
• Deferred action — USCIS generally won't initiate removal against approved VAWA petitioners.
• Independence from the abuser — you no longer need their cooperation, signature, or knowledge for your immigration future.

Coordinating VAWA with Michigan family law

VAWA cases often run alongside Michigan family law actions. A few situations we handle:

Personal Protection Orders (PPOs)

If you're in active danger, we file for a Michigan PPO immediately. PPO records become strong evidence for the VAWA petition. We coordinate filings so the family court record supports the immigration case.

Divorce

You can file a VAWA petition during marriage, after separation, or within 2 years of divorce. Many clients file VAWA first, then divorce — but the order depends on your safety needs and the documentary record. We strategize sequencing for each client.

Custody and parenting time

Abuse history affects custody analysis under MCL 722.23 factor (k), which directs courts to consider domestic violence. Documented abuse helps both VAWA and custody arguments.

Child support

You're entitled to child support regardless of immigration status. We pursue support orders aggressively because they protect children and stabilize the family financially during the immigration process.

What to do if you're in active danger right now

Then, when you're safe enough to start planning:

1. Gather what you can. Identification documents (yours and the abuser's if accessible), marriage certificate, photos of injuries, any past police reports, medical records, your own notes about incidents.
2. Open a separate email account and bank account the abuser doesn't know about.
3. Call us for a confidential consultation. We can talk by phone, on a number the abuser doesn't have, and plan next steps. The initial consultation is free.

Frequently asked questions