Violence Against Women Act (VAWA)

Immigration law provisions allow spouses and children, or parents of children who have been battered or subjected to extreme cruelty by their spouse or legal permanent resident parents (LPR) or the United States citizens (USC), obtain legal status without having to rely on a petition filed by the abuser.

To be eligible, the abuser spouse must be:

• Your spouse, a U.S. citizen or lawful permanent resident, or someone you thought was your spouse but is not your spouse due to bigamy (i.e., your marriage was not legal because your partner was already married to someone else). This person must also be a U.S. citizen or lawful permanent resident.

• Have been in the United States for a continuous period of three (3) years.

• Not have been convicted of a crime that makes him/her inadmissible.

• Demonstrate to be a person of good moral character. 

As an exception, the victim may qualify for VAWA cancellation of removal if he/she has a child with a US citizen or legal permanent resident who abuses the minor. In this case, you do not have to be married to the abuser.