Battered Spouse Petitions (VAWA)
Leaving an abusive relationship takes courage, and immigration status should never become the reason someone stays. At The Shulman Law Group, LLC, we prepare battered spouse petitions (VAWA) that allow survivors of domestic abuse to apply for permanent residence on their own, with no help or permission from the abuser.
Our attorneys and staff handle these cases with sensitivity and discretion. Over the years, we have helped hundreds of survivors obtain legal status independent of the person who harmed them.
Understanding Battered Spouse Petitions (VAWA)
Congress passed the Violence Against Women Act in 1994, and its immigration provisions give certain abused family members a path to a green card through a self-petition on Form I-360. The law protects women and men equally, and three groups may qualify:
- Spouses: Current or former spouses of abusive U.S. citizens or lawful permanent residents can file, including those who divorced within the past two years for reasons connected to the abuse.
- Children: Unmarried children under 21 who suffered abuse from a U.S. citizen or permanent resident parent can self-petition.
- Parents: Parents who experienced abuse from a U.S. citizen son or daughter age 21 or older can seek protection.
Abuse under VAWA extends well beyond physical violence. USCIS recognizes battery and extreme cruelty, which can include sexual abuse, psychological manipulation, threats, isolation, and economic control. Spouses also need to show they entered the marriage in good faith, lived with the abuser at some point, and have good moral character.
VAWA gives survivors an alternative to waiting on an abuser to sponsor a family immigration petition. Once USCIS approves the I-360, many petitioners can move on to adjustment of status and apply for a green card from inside the United States.
How an Immigration Lawyer Can Help With VAWA Petitions for Abused Spouses
VAWA self-petitions rise or fall on documentation. USCIS accepts any credible evidence, which gives petitioners flexibility. However, a persuasive case still requires careful organization and a compelling narrative.
Our attorneys guide clients through every piece of the application:
- Personal statements: We help you write a detailed, honest account of the relationship and the abuse in your own words.
- Witness affidavits: We obtain sworn statements from friends, relatives, neighbors, clergy, or counselors who saw the abuse or its effects.
- Legal and medical records: We collect police reports, protective orders, medical records, photographs, and messages that document what happened.
- Psychological evaluations: We refer clients to mental health professionals who can provide treatment and evaluations for use in the application.
- Good faith marriage evidence: We gather joint leases, bank statements, photos, and other proof of a bona fide relationship.
- Inadmissibility issues: We address past immigration violations and pursue waivers when a prior issue stands in the way.
Federal confidentiality rules also bar USCIS from sharing information about your case with the abuser. Our team explains these protections in detail so you can file without worrying about exposure.
Immigration Support From The Shulman Law Group, LLC
Everyone on our team, from our front desk staff to our attorneys, approaches domestic abuse cases with compassion and discretion. Survivors may often carry fear, shame, or worry about retaliation, so we create a private, respectful space to talk through what happened at a comfortable pace.
Our attorneys bring particular skill to these petitions, and clients who work with us benefit from:
- Confidential consultations that protect your safety and privacy
- Multilingual attorneys who can discuss sensitive details in your preferred language
- Coordination with counselors, shelters, and advocates when you need additional resources
- Representation through the I-360, work authorization, and green card stages
Survivors from Bergen County and communities throughout New Jersey visit our Elmwood Park office for help. We also represent VAWA self-petitioners across the country.
Move Forward With The Shulman Law Group, LLC
A VAWA self-petition puts your immigration future back in your own hands and removes the abuser from the process entirely. Our team treats your story with care and manages the legal work from the first document to the final green card interview.
Request a private VAWA consultation with The Shulman Law Group, LLC so we can review your eligibility in a safe, confidential setting. You can also call 201-773-0100 and ask to speak with an attorney about a battered spouse petition. If you face immediate danger, please call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
Frequently Asked Questions
VAWA lets you file without the abuser’s knowledge, and federal law prohibits USCIS from disclosing your information to the abuser. The agency also cannot use information from the abuser as the sole basis for denying your case. We help you choose a safe mailing address for all case notices.
Many divorced survivors still qualify. You can self-petition if the divorce took place within the past two years and connects to the abuse. A similar two-year window applies if the abusive spouse passed away.
A police report helps, though USCIS accepts any credible evidence. Affidavits, medical records, counseling notes, photographs, and text messages can all document abuse, and we help you assemble whatever evidence you have available.