What Families Should Know About VAWA Green Cards

September 11, 2025

If you are being abused by a U.S. citizen or permanent resident family member, you might feel stuck, especially if your immigration status depends on them. Many people stay silent because they are scared of being deported. But there is a way to get protection and apply for a green card. It’s called VAWA, which stands for the Violence Against Women Act.

And despite the name, VAWA is not just for women.

What Is VAWA?

VAWA allows certain people to apply for a green card without help from their abusive spouse or parent. The law was created to protect people who are suffering at home but are afraid to come forward because of immigration issues.

You can apply for VAWA on your own. You do not need your abuser to sign anything or even know that you’re applying. If approved, you can get work authorization and apply for a green card later.

Who Can Apply?

You can apply for VAWA if the abuser is:

  • Your U.S. citizen or green card spouse

  • Your U.S. citizen or green card parent

  • Your U.S. citizen child (over age 21)

Both men and women can apply. We often see physical abuse when the abuser is male, especially against female spouses. But abuse is not always physical. Many male applicants suffer from psychological abuse. For example, if their wife says, “If you don’t do what I say, I’ll call ICE and have you deported.” That is abuse, too.

What Counts as Abuse?

Abuse under VAWA can include:

  • Hitting or other physical harm

  • Controlling behavior

  • Threats to report you to immigration

  • Verbal attacks

  • Isolation from friends or family

  • Taking your money or legal papers

You do not need to call the police or have a restraining order to apply. But if you do have those records, they can help support your case. You can also include letters from friends, doctors, or counselors who know what happened.

What If You’re Divorced?

You can apply for VAWA up to two years after a divorce, but not later. After that, VAWA will no longer be applicable, and you may need to consider other options, such as a U-visa.

VAWA is usually the better option because it leads to a green card faster and has fewer limits. If you’ve recently divorced or are thinking about it, timing matters. Don’t wait to get help.

What About Common-Law Marriage?

You may still qualify if you were never legally married but lived as spouses under common-law marriage. However, it’s harder to prove. You’ll need strong evidence that you lived together as a married couple and were recognized that way in your community. That may include joint bank accounts, shared leases, or people who can confirm the relationship.

Does VAWA Apply to Children?

Yes. Children who are abused by a U.S. citizen or green card–holding parent may also qualify for VAWA. A parent of a child whose U.S. stepfather or stepmother is abusing can sometimes apply on the child’s behalf.

The law recognizes that children are especially vulnerable and may not always be able to speak for themselves.

Do You Need a Lawyer?

The VAWA application process is detailed and sometimes confusing. You must send the correct forms, write a personal statement, and show evidence of the abuse and your relationship. You also need to show that you have good moral character and, in most cases, that the marriage was real and not just for immigration purposes.

A lawyer can help you assemble a strong case, especially if you are afraid or unsure of what to include.

Take the First Step Toward Safety

You do not have to stay in a dangerous or abusive situation because of your immigration status. VAWA gives you the right to apply for protection and a green card without the help or knowledge of the person hurting you.

Luis F. Hess, PLLC, helps people in these situations every day. We will listen, help you understand your options, and work with you to file a strong VAWA case. If you or your child is facing abuse, reach out today to get the support you need.

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