In the U.S., individuals who experience violence or pressure from their spouses or family members can move forward with their immigration process without depending on their sponsors.
One of the most important ways to do this is through a VAWA (Violence Against Women Act) application. Thanks to VAWA, a person can gain the right to manage their Green Card process independently from their spouse.
What is VAWA?
VAWA is a special immigration right granted to individuals who suffer violence from a spouse (or in some cases, a parent/child) who is a U.S. citizen or Green Card holder.
An important note:
Although the name is “Violence Against Women,” it is not only for women.
Men
Women
Both can apply for VAWA if they have suffered violence or severe psychological pressure from their spouses.
Who Can Apply for VAWA?
The basic requirements for a VAWA application are:
1. Marriage Connection
The spouse must be a U.S. citizen or a Green Card holder.
The marriage must be real (bona fide).
2. Violence or Pressure
VAWA is not limited to physical violence. The following situations are also covered:
Psychological pressure
Threats
Economic control
Social isolation
3. Good Faith Marriage
The marriage must not have been entered into just for immigration purposes.
Elements like sharing a life and living together are important.
Can Divorced People Apply for VAWA?
Yes, it is possible under certain conditions:
There must be a connection between the divorce and the violence.
Generally, the application must be made within 2 years after the divorce.
However, there is an important distinction:
If the person has not yet received a Green Card and cannot proceed through their spouse, they can file a VAWA application (Form I-360).
If the person received a 2-year (conditional) Green Card and the marriage ended due to violence, they usually file an I-751 waiver (self-petition to remove conditions) instead of VAWA. This moves them to a 10-year Green Card.
If the person already has a 10-year Green Card, an additional application is usually unnecessary as they already have independent status.
How Does the VAWA Process Work? (Step-by-Step)
1) Eligibility Analysis
The status of the marriage, the type of violence, and existing evidence are evaluated.
2) I-360 Application
The VAWA application is made using Form I-360. The file includes:
A personal statement
Evidence showing the violence
Documents proving the marriage is real
3) Approval Process
USCIS reviews the application and approves the I-360 if it meets the requirements.
4) Green Card Process
After approval, the person can apply for a Green Card (Form I-485). At this stage:
A work permit is obtained.
The person gains legal status.
When Can I Get a Work Permit?
In VAWA applications, if the request is filed alongside the I-485, the person can usually get a work permit within a few months. This allows them to:
Work during the process.
Maintain economic independence.
Citizenship Timeline: The 3-Year Rule
Normally, the time to apply for U.S. citizenship after getting a Green Card is:
3 years if the marriage continues.
5 years if there is a divorce.
VAWA applications have an important exception:
Individuals who get a Green Card through VAWA usually keep the right to apply for citizenship after 3 years, even if the marriage has ended, because they are treated as if they applied through a U.S. citizen spouse.
How Long Does It Take?
The I-360 review can take years (at least 2-3 years).
The Green Card process requires additional time.
However, since the work permit is issued earlier, the person can maintain their life during the process.
Client Example:
Our client, Saba, was looking for a way to proceed without depending on her sponsor due to psychological pressure and control from her U.S. citizen spouse. The emotional violence and economic restrictions she experienced left her in an uncertain immigration status and unable to build an independent life.
Case Preparation:
I-360 and I-485 applications were prepared under the VAWA self-petitioner category.
The client’s personal statement, evidence of a bona fide marriage, and supporting documents showing the pressure were meticulously gathered.
Applications were submitted to the Vermont Service Center in May 2021.
Advantages Provided During the Process:
Upon acceptance of the filing, the client obtained the legal right to work in the U.S.
She maintained her economic independence throughout the process.
She did not have to depend on her sponsor.
Result:
In September 2024, USCIS sent an RFE (Request for Evidence) only for a routine medical exam form (I-693), without requesting any further evidence regarding the merits of the case. This was a clear sign that the file was ready for legal approval.
This case shows how decisive a well-prepared evidence file can be in VAWA applications. Today, our client continues her life on her own terms with her independent status.
VAWA Applications with MC Law Firm
VAWA applications must be prepared carefully and strategically.
At MC Law Firm, we:
Perform eligibility analysis.
Prepare your file with care.
Manage the process from start to finish.
If you have experienced violence within your marriage and wish to proceed without depending on your sponsor, you can contact us to evaluate your situation.
Phone: 201-957-0909
Email: info@mclawfirm.com
Instagram: @allthingsimmigration
